Partly allowed

Sanapala Praveen v. Union of India

Andhra Pradesh HC11 Dec 2024WP/9812/2020

Case brief

AI extract

What is this about?

The High Court disposed of multiple writ petitions challenging Government Order No. 56 dated 29.05.2020, which fixed uniform PG medical course fees. The Court held the uniform structure violated the APHERMC Act, Rules, and Regulations, as it failed to consider individual institutional data. It set aside the order and directed the Commission to determine fees individually for each college.

What did the court decide?

Government Order No. 56 dated 29.05.2020 set aside. Commission directed to examine proposed fee structures individually and pass reasoned orders within two months.

Sanapala Praveen Vs Union of India — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT PETITION NO: 9871 of 2020

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ALONG WITH

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W.P. Nos.5696 and 5699 of 2022: W.P.Nos.9750. 9812.

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9814, 9874, 9875. 9876. 9877. 10159, 10195. 10229.

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10290, 10292. 10300. 10345 & 10371 of 2020 and

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W.P.(PIL) NO: 150 of 2020

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WRIT PETITION NO: 9871 OF 2020

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Between:

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Mother Theressa Educational Society, A Society Registered under AP Registration of Societies Acr, 2001, Having its registered office at Vydya Nagar, Near Red Bridge, NH-214, Amalapuram, East Godavari District, Andhra Pradesh -533201 Rep.by its Secretary Kalidindi^VeeraVenkata Satyanarayana Raju

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Konaseema Institute of Medical Science and Research Foundation, Rep.by its Managing Director, K. Ravi Kiran Varma Age^41Address NH-216, Chaitanya Health City, Amalapuram, Andhra Pradesh Rep.by its Managing Director, K. Ravi Kiran Varma

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Konaseema Dental College and Hospital, College Road, Amalapuram533201 Rep by its Managing Director, K. Ravi Kiran Varma

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...Petitioners

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Health and Medical and Family Welfare,^Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), Rep. by its Secretary, 3'"^ Floor Sree

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I^hendra Enclave, NRI Block (C-Block), NH-15, Tadepalli Guntur District.

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N.T.R. University of Health Sciences, Vijayawada, Krishna District Rep by Its Registrar.

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Singamsetty Sushma, Daughter of Singamsetty Seshubabu, Occupation; Student, aged about 24 years. Resident of 20-6-1 Near Narsipatnam, Visakhapatnam-

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Aadhar No.460245211786.

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Jaladi Syam Priya, Daughter of Jaladi. Babu, Occupation: Student aged about 25 years. Resident of D. No.26-27-245/A,^A.T. Agraharam Fathimanagar, Guntur-522004. Aadhar No.682761417808.

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Harika Bai Banavathu, Daughter of Banavathu Srinivasa Rao Naik Occupation: Student, aged about 25 years, Resident of F No-209 Ocean Green Apartments, Kurmannapalem Simon Nagar Vuda PhasePradesh-530046, Aadhar

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Syamala Viswanadha Reddy, Son of Syamala Koti Reddy, OccupationStudent, aged about 25 years. Resident of 5-15/3, Sivalayanv!. Veedhi Kaza, Mangalagiri (Mandal) Guntur District -522503 , Aadhar No.432002458361.

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G. Alekhya, Daughter of G. G. Murali Krishna, Occupation: Student aged about 24 years. Resident of Sivaiayam Sivaiayam Street, rusthumbada Narsapur, West Godavari Godavari District- 534275. Aadhar No.359009717'75 534275. Aadhar No.359009717'75 Aadhar No.359009717'75 No.359009717'75 5 aoeTabnufo^®*' °^"9J:"erof G. Murali Krishna, Occupation:^Student, FatfrnH^ Vasanthanagar, Kakinada East Godavari, Andhra Pradesh. Aadhar No 829679589158.

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G. Alekhya, Daughter of G. G. Murali Krishna, Occupation: Student aged about 24 years. Resident of Sivaiayam Sivaiayam Street, rusthumbada Narsapur, West Godavari Godavari District- 534275. Aadhar No.359009717'75 534275. Aadhar No.359009717'75 Aadhar No.359009717'75 No.359009717'75 5

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Respondent No 4 to 9 were impleaded as per C.O.dt 12.09.2024 vide lA.No 3 of 2020 in W.P. No 9871 of 2020.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus

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A. Declaring the G.O Ms.No.56 Health,

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Dated 29/05/2020 Dept issued by the 1®'^{MedicalandFamilyWelfare}

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for the block ^ ^ Respondent fixing fees structure ,0 2022-23 on ,he

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2 Respondent dated 1‘ecommendalioRs of

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structure for different 05/2020 fixing differential tuition fee categories and common fee for all

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arbitrary, illegal colleges as and unconstitutional. apart from being violative of

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principles laid down by the

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B. Consequently quash Hon’ble Apex Court and G.O.I/Is.No.56 Health, Medical and Family

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® fare Dept Dated 29/05/2020 and

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C. Consequently to direct the Respondent Nos. 1 and 2 to fix uniform fee for the students joining under the category of competent authority and management quota who wi be admitted into Degree and Diploma year Post Graduate courses offered by the Petitioners differential fee based and fix on their accounts and after relevant factors for faking all the consideration as laid down by the Hon Court from the ble Apex academic year 2020-21 to onwards.

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jAJ^: 1 OF ?r^9n

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Petition under Section 151 CPC stated in the affidavit filed in praying that in ,he circumstances support of the petition the Hioh Po . pleased to direct the respondents not to take anv take any coercive actions/steps against the petitioners herein, pending disposal of the above writ petition iA_Np: 2 OF ?n9n Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances pleased to suspend the operation o^ro^Ms^N family welfare department dated 29-05 202ri - pending disposal of the above writ petition respondent

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Counsel for the Petitioner; ■ S.V.S.S.SIVA RAM

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FAMILY WELFARE

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Counsel for the Respondent No.2: SRI C.SUDESH ANAND

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Counsel for the Respondent No.3: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

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Counsel for the Respondents No.4 to 9: SRI ZEESHAN ADNAN MAHMMOOD

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WRIT PETITION NO: 5696 OF 2022

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Between:

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Great Eastern Medical School and Hospital, Promoted by Aditya Educational Society. Having its office at. D-No.3-351, Ragolu, Srikakulam Dist, Andhra Pradesh- 532484 rep by auhorized signatory aged about 55 years, R/o. Hyderabad Telangana, Dr D^{LakshmiLalitha} W/o Dr D Chiranjeevi ...Petitioner AND 1. The State of Andhra Pradesh, Department of Health,^Medicaland Family Welfare Represented by its Principal Secretary Velaqapudi Amaravathi, A.P. 2. The Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), 3'^^ Floor, Sree Mahendra Enclave NRI Block C-Block NH15, Tadepalli, Guntur District, A.P Rep by its Secretary 3. Dr.NTR University of Health Sciences, NH16 Service Road Gunadala Vijayawada Krishna District, Andhra Pradesh- 520008 Rep by its Registrar

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National Medical Commission, Pocket-14, Sector 8, Dwarka Phase -1 New Delhi 110077, India, Rep.by it's President.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order more particular one in the nature of Writ of Certiorari calling for records in relation to G.O.Ms.No.56 dated 29.05.2020 issued by 1 St respondent in pursuance to recommendations of 2^^^ respondent fixing the fee for post graduate courses for the block period

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2020-21 to 2022-23 and quash the same by declaring as arbitrary, illegal unconstitutional and in violation of petitioner's rights guaranteed under Article 14 and 19 of Constitution of India and consequently direct the 2^nd respondent to consider the objections filed by the Petitioner by passing a speaking order and aivi giving reasons for rejecting the objections strictly following the Regulations.

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lA NO: 2 OF 2n?9

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to suspend the operation of the impugned G.O.Ms.No.56 dated 29.05.2020 issued by 1 respondent fixing the fee for post graduate courses of the petitioner college for the block period 2020-21 to 2022-23.

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Counsel for the Petitioner: SRI S.V.S.S.SIVA RAM

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Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

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Counsel for the Respondent No.2: SRI C.SUDESH ANAND

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Counsel for the Respondent No.3: SMT. T. V. SRIDEVI

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Counsel for the Respondents: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

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WRIT PETITION NO: 5fi99 OF 20??

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Between:

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S/o.V.V Rarrrana Mart Aged 62 YelrTsn-f Medical College and Hosnital liHTr Quarters, GSL Rajahrriundry-533296 ^ ^ Rajanagaram, ...Petitioner AND

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2 The Andhra Pradesh Higher Education Regulatory and^Monitoring Commission (APHERMC), 3^^^ Floor, Sree Mahendra Enc^ve^NRIBlock C-Block NH15, Tadepalli, Guntur District, A.P Rep by^itsSecretary

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Dr NTR University of Health Sciences, NH16 Service Road^Gunadala, Vijayawada Krishna District, Andhra Pradesh- 520008^Repbyits Registrar

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4 National Medical Commission, Pocket-14, Sector -^{8,DwarkaPhase-1} New Delhi -110077, India Rep by its President

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...Respondents

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Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to may issue writ or order more particular^one in the nature of Writ of Certiorari calling for records in relation to G.O.Ms.No.56 dated 29.05.2020 issued by is respondent in pursuance to^{recommendationsof} 2nd respondent fixing the fee for post graduate courses^{fortheblockperiod} 2020-21 to 2022-23 and quash the same by declaring^asarbitrary, illegal, unconstitutional and in violation of petitioner's rights^{guaranteedunder} Article 14 and 19 of Constitution of India and consequently^directthe2nd respondent to consider the objections filed by the^{Petitionerbypassinga} speaking order and giving reasons for rejecting the objections strictly following the Regulations.

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lA NO: 2 OF 2022

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to suspend the operation of the impugned G.O.Ms.No.56^dated 29.05.2020 issued by 1®' respondent fixing the fee^{forpostgraduatecourses} of the petitioner college for the block period 2020-21^to2022-23.

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Counsel for the Petitioner: SRI S.V.S.S.SIVA RAM

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Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH^& FAMILY WELFARE

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Counsel for the Respondent No.2: SRI C.SUDESH ANAND

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Counsel for the Respondent No.3: SMT. T. V. SRIDEVI Counsel for the Respondent s: SRI PASALA PONNA RAO deputy SOLICITOR GENERAL ’ OF INDIA WBU petition Mn. 9750 OF ?non

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Between:

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Vemavarapu Mahesh, Son of Sri Siwa d aged about 24 years, Resident of 13 19 n'T ’ Student. Pradesh-522018. Ponekallu, Guntur, Andhra

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•..Petitioner AND

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and FamrWetre,''NS Bhavan! Ministry of Health Counselling COTmitti'^P^GMefe^^ By Medical Of Health and Family Welfare rnu« Counselling-NEET Ministrv Wing, Nirnran BhavanS^p~T

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THE STATE OF ANDHRA PRADESH p *° Government, Healthlt^;dicaranH"?‘' ®P'-

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Department, Secretariat, Vijayaw;^ Sg

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by Its Registrar. ' Praclesh-520008. Represented

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Com,? Education Commission (APHERMC) Block (C-Block), NH-16 ^atdfloorSLXrEtre^RI by its Secretary. adepalli, Guntur District-522501. ReprSented

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-1, New

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Opp. Mata^SundIri"coileX"r’w'^^'* Road, Temple Lane Represented by it^Pre^dent ' 110002. ^

Principal.

Andhra C^S^RX^eXlyt

...Respondents

Cause title amended orders passed in I.A.No.2 of 2020^{inWP.No.9750of} 2020 vide Court Order dated 09-07-2020.

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Petition under Article 226 of the Constitution of India praying^that in the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} Direction more particularly be pleased to issue an appropriate Writ, Order or one in the nature of Writ of Mandamus, declaring the action of the Respondent No.8 herein in not permitting the Petitioner^{toReportandPay} Fee for the Admission into P.G Medical/Dental Courses for^theAcademic Year 2020-21 under Competent Authority Quota (Phase-1) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.4 University and also the inaction of the Respondent^{Nos.1to7hereinin} not taking any action on the Respondent No.8 for the^{saidillegalactionof} closing down the institution abruptly as illegal, arbitrary,^{abuseofexecutive} powers, violative of the regulations and guidelines of the^{RespondentNo.1} to 7 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.8 herein to permit^{thePetitionerto} Report and Pay Fee for the Admission into P.G Medical^{Course(General} Medicine) for the Academic Year 2020-21 under Competent^{AuthorityQuota} before the deadline i.e.,10.06.2020 which is set by (Phase-1) on or Respondent No.4.

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to direct the Respondent No.8 herein to permit^the Petitioner to Report and Pay Fee for the Admission into P.G Medical^{Course(Genera!} Medicine) for the Academic Year 2020-21 under Competent^{AuthorityQuota} before the deadline i.e.,10.06.2020 which is set by (Phase-1) on or Respondent No.4 pending disposal of the above writ^petition.

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lA NO: 3 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to consider this Writ Petition as an Urgent matter and hear this Writ Petition along with batch of cases, wherein the P G Medical/Dental Colleges in the State of Andhra Pradesh are not permitting the Petitioner who secured admission under competent Authority Quota (Phase-I) into the Respondent No.8 College to Report and Pay Fee for the admission into P.G Medical/Dental Courses for the Academic Year 2020-21.

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lA NO: 4 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption "For Being Mention' for correcting the typographical error in Order dated 09.07.2020 in lA.No. 1 of 2020 in WP.No. 9750 of 2020 that " STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS. 45,000/FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION".

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Counsel for the Petitioner: SRI DHARMESH D.K.JAISWAL

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Counsel for the Respondent No.1: SRI PASALA PONNA RAO

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Counsel for the Respondent No.2: SRI C SUDESH ANAND

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Counsel for the Respondent No.3: GP FOR MEDICAL HEALTH AND F.W.

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Counsel for the Respondents No.4, 6, 7: SMT. T. V. SRIDEVI

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WRIT PETITION NO: 9812 OF 2n?n Between:

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SANAPALA PRAVEEN, Son of S. Simhachalam, Aged about 25 years Occupation Student, Resident of D.no.8. Police Quarters, opposite AaX; NT9261546398ir'' '''"hakapatnam-530017.

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2 B NAYVA Daughter of Late B. Madhusudan, Aged about^26years, ’ Occupation Student, Resident of 32-10-70, Sri Venkateshwara^Colony Sheelanagar, Vishakapatnam-530012. Aadhar No.997081451087.

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IlCIr of K. Yella Rao, agaed dbuut zo years.

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1. KADIRI SRAVANl, Daugl o • o u Occupation Student, D.No.14-36-2/1, K.L.Rao nagar,^{oppositeSaiBaba} Temple, B.O Road Gajuwaka, Vishakapatnam-5300026. Aadhar No.506851827055.

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1. KANAPARTHY PRIYADARSHINI, Daughter of K. Benhar^Babu,aged about 27 years. Occupation Student, Resident of H.No.11-235C, Ambedkar Colony, Kollipara (post) mandal, Guntur district-522304 Aadhar No.966426865791.

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5 GOMPA GOWRI SANDHYA, Daughter of Gompa Satya Rao,^Aged about 25 years Occupation Student, Resident of 6-79-5, Old Gajuwaka

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Kunchumambha Colony, Chinnagantayda Visakhapatnam-530026. Aadhar No. 480670190051.

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1. MALLIPUDI SPANDANA, Daughter of M.Venkanna Babu,^ageedabout 24yrs, Occupation Student, Resident of 6- 41/A, Chinna Veedhi, Venturu, Rayavaram Mandal. East God Dist. Aadhar No. 853565642472.

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1. VUPPALURU GOWTAMI, Daughter of V Gopal Reddy, Aged^about26 years, Occupation Student, Resident of D. No 1-2-103 Chinnanna Street Pulivendula Kadapa Andhra Pradesh. Aadhar No.^42248015 8452.

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KALE GURU RAVI TEJ, Son of K Sreenivasulu, aged^{about25years.} Occupation Student, Resident of H.No.4/511, Opp To Hp Petrol Bunk,Piler, Pin-517214,Chittoor Distrct. Aadhar No.^{447225945773.}

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DEVI NAGA PRIYANKA, Daughter of Gundala Satyanarayana,^aged about 25 years. Occupation Student, Resident of Door^no.10-47,R.K East Godavari district-533261. Aadhar No.

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Peta, Someswaram 628116709428.

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SNEHA GUJJIDI, Daughter of Byragi.G, Aged about 25^years. Occupation Student, Resident of Sf-1,Sai Castle, Visalakshi Nagar, Visakhapatnam-530043. Aadhar No. 5539 4152 1047.

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AVULA SUSHMA, Daughter of Vijaya Bhaskar Reddy, aged about 25 years. Occupation Student, Resident of Door^no.26/1/357, Kannelur Road ,Jammalamadugu ,Ysr Kadapa District-516434.^Aadhar No. 990034924900.

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VEMPADAPU RAJESWARI, Daughter of V. Sanyasinaidu, aged about 26 years, Ocqupation Student, Residing at D.no. 19-166, Vangapalli Peta, Cheepurupalli, Vizianagaram. Aadhar. No.261367358949.

¶130

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SHINY POTHUMUDI, Daughter of Pothumudi Samuel Raju. aged about 25 years, Occupation Student, Resident of Door No. i-137/39 J22A Junction, Kakinada. Aadhar no.9027 6174

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MOHAMMED ROSHAN ZAMEER, Son of Late Abdul Rahiman,

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aged about 25 years. Occupation Student, Resident of 42-38-18 , Block A ■ Vijayawada, Krishna (Dt) Andhra Pradesh-520015. Aadhar No.482995126114.

¶135

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C. LIPIKA, Daughter of Channa Sudhakar. aged about 24 years

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Occupation Student, Resident of Fiat no 104, Gajanana Apartment’ Santhinagar, Nad Kotharoad, Opposite NstI, Near Gongura Hotel’ Aadhar no- 798444795849. ^

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AYESHA FATHIMA, Daughter of Mahammad Yahya, aged about Student, D. No. -5-28-D/2, Bantumilli road

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Gudiwada. Aadhar no.399791797611.

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KANNA GOPI VARMA, Son of Kanna Narasimha Rao aged about 28 years, Occupation Student, Resident of 11-1 Near Santhabazar, Nizampatnam Post And Mandal Guntur District-522314.

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Aadhar No. 614276203129

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TATA VENKATA PAVAN KUMAR GUPTA, Son of Bandari Narayana, aged about 25 years. Occupation Student Resident of 301 Opp Chadalawada Gupta Celestia, Vip Road 5*^ Cross, Ongole.

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AADHAR NO. 261739734430.

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oh t oc PASUMARTHI, Son of Moose Pasumarthi, aged about 26 years, Occupation Student, Resident of Door No8- 302 Aruna Colony, Singarayakonda (Mandal),Prakasam District , Andhra Pradesh Aadhar no.6379 6829 3707.

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¶146

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fWKUMANU CHANDANA, Daughter of K.Srinivasa Rao, aged about 25 years, Occupation Student, Resident of 59A-21/4-3 Gayatri number - 27432803816^*^^^^’ ^'j^V^wada -520008. Aadhar ’ 21. B. MEGHALA, Daughter of B Venkateshwara Rao aged about 25 years. Occupation Student, Resident of 3-111, sitarama nilayam. nagayalanka, Krishna st. Aadhar No.634228468524. 22. ^^iJaWer of R Gnaneshwar Rao, aged about 26 years, Occupation Student, Resident Of 30-4-10, Vadlapudi, Rh Colony, Visakhapatnam, 530046. Aadhar no .304680958097. 23.

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BLANDINA DEEPTHI, Daughter of J Muneiah aged about 25 years, Occupation Student, Resident Of 1331/1 House Near Ganesh Temple, Kothapeta, Vinukonda Guntur District. 522647. Aadhar no.215545372008.

¶149

¶150

SARAGADAM SURESH, Son of Saragadam Ramu, aged about Atchutapuram27 years, OccupationMandal, Student,Visakhapatnam-531011.Resident of 85-155,AadharChodapalliNo 7968 lllaoe87^91

¶151

...Petitioners

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AND

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^ Familv wrifL'i'p M- Secretary, Ministry of Health^and hamily Welfare, Nirman Bhavan, New Delhi-110011.

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DIRECTORATE GENERAL OF HEALTH SERVICES RFPRF^PMTPn and Family Welfare,

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Government of India, Room No 348 A' Wing, Nirman Bhavan, New

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Delhi-110011

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THE state of ANDHRA PRADESH, Represented by its Principal Higher Education, Secretariat, Vijayawada-

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Rp ^ ^^'Y^HSITY OF HEALTH and SCIENCES NH16 service by itsR^gislJr Pradesh-520008. Represented

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ANDHRA PRADESH HIGHER EDUCATION RFri ii Arr^ov ^ SSHS™—

¶160

Phase

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I, New Delhi-110077. Represented by its Secretary General

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Aiwan-E-Galib Marg, Kotia Road

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limn? R fP'' Women , New Delhi - 110002. Represented by its President.

¶164

NH^IR f GENERAL hospital, at Rajamundry NH 16, Lakshmi Puram, Raj ahmundry, Andhra Pradesh-533296. Represented by its Principal.

¶165

PES INSTITUTE OF MEDICAL SCIENCES and RESEARCH, at

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Kuppam NH-219, Kuppbm, Andhra Pradesh Its Pricipal. -517425. Represented by

¶167

KATURI MEDICAL COLLEGE AND HOSPITAI k'oturM u Guntur, Andhra Pradesh 500019. Rep^res^entelb ^clp".

¶168

¶169

' 11. Dr. PINNAAMNENI SCIENCES AND RESEARCH vijayawada-521286.

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Dr. PINNAAMNENI SIDHARTHa institute MEDICAI AND RESEARCH vijayawada-521286. foundation, Chinna AulapaV

¶171

-Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to issue an appropriate Writ, Order may or Direction more particularly °ne in the nature of Writ, of Mandamus. Respondent No.8 to 11 declaring the action of the Report and Pay Fee for Colleges herein in not permitting the Petitioners to the Admission into P.G Medical/Dental Courses for the Academic Year 2020 -■2'' ^'^der Competent Authority Quota (Phase-1) selected vide Web Counselling dated 29.05.2020 to 31.05.2020 by the Respondent No.4 conducted University and also the inactioni of the Respondent CollegesNos.1 to for7 hereinthe saidini iliegalnot taking any action on the Respondent No.8 to 11 action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers violative of the regulations and guidelines of the Respondent No.1 to 7 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent herein to permit the Petitioners Colleges to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) on set by Respondent No.4. or before the deadline i.e.,10.06.2020 which ISi

¶173

jA NO: 1 OF 9090

¶174

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i Pleased to h- High Court may be PetitRespondent No.8 to 11 Colleges herein to permit the s ot Report and Pay Fee for the Admission i into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) on or before the deadline i .e..10.06.2020 which is set by Respondent No.4 pending disposal of the above writ petition.

¶175

¶176

lA NO: 2 OF 2020

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to direct the Registry to list the above matter^{underthecaptionFor} Being Mention for correcting the typographical error^{inOrderdated09-07-} 2020 in lA.No.1 of 2020 in WP.No.9812 of 2020 that^{STUDENTSAGREED} FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR^THREE YEARS, SUBSEQUENT TO THE ADMISSION.

¶178

Counsel for the Petitioners: SRI J SUDHEER

¶179

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH^& FAMILY WELFARE

¶180

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

¶181

Counsel for the Respondents: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

¶182

WRIT PETITION NO: 9814 OF 2020

¶183

Between:

¶184

P SAITHEJA, S/o P.V.Vasantha Kumar Age. 26, H.No.4/67B, Chandbada Street, near Fathima High School, Nandyal, Kurnool District, Andhra Pradesh, 518501

¶185

KARICHERLA VISHNU HARIKA, Daughter of K.Sankar Prasad, Occupation. Student, Aged about 25 years. Resident^{ofH.No.4/95/2,} New postal colony, Balaji Nagar, Kurnool District,^Andhra Pradesh, Aadhar Card No. 900786273111

¶186

R. SAI SRINIVAS, Son of R. Muniraj, Occupation.^{Student,Agedabout} 26 Years, Resident of H.No.27-359, Janakarapalli, Chittoor, Chittoor District, 517001, Aadhar Card No. 245539677797

¶187

GUDIPALLI KEERTHI, Daughter of Gudipalli Krishna Prasad, Occupation. Student, Aged about 23 Years, Resident^{ofH.No.10-36(a),} Beside Kothapeta Post office. Near by panchayath office,^Kothapeta, Chirala, Prakasam District, Andhra Pradesh, Aadhar Card No. 253631962218

¶188

B. DEEPTHILAHARl, Daughter of B.V.R.Naik, Occupation. Student, Aged about 24 Years, Resident of H.No. 17-11- 9/6,^{DoctorsArcade,}

¶189

¶190

Maharanipeta, Visakhapatnam District No. 379669113582 Andhra Pradesh. Aadhar Card

¶191

1. GOLAGANA VENKATA SAI KAUSHIK ‘ Son of Golagana Parvathi Rao,

¶192

25'Years Resident of H.No.5-29-

¶193

45/4,Thokada, Tonagar, Near Bhpv (Post) A ^ Gajuwaka, Visakhapatnam

¶194

District, Andhra Pradesh, 530012, Aadhar Card No. 505412395153

¶195

S,udTnr'A^°HStudent, Aged about 26 Years, Resident ofRao,H Occupation. No.4-3-53. Pradesh.

¶196

53500l,rdha?Card ;o^T43r]lo^"ol9T"

¶197

" sSrCdaS^s'^vtars^Snt^ Nivas^ Madhura Veedhi, Opp Tane of srs ctrch' ' Chinna Waltair,

¶198

530017, Aadhar Card No.

¶199

m™M06

¶200

9, Occupation.RAHARAJU Student,BALA SUBRAHMANYAM,Aged about 24 Years,SonResidentof P V o^H ChalaoathiN^-SA-ieRan S Krisb™’ Dis^r Arbra™P^de^sr^t35002^ Nagar, Vijayawada. 901022451607 L-radesh, 535002, Aadhar Card No.

TEERUPATI SIVA KUMAR YADAV ^nn t of Pradesh, 51541, Aadhar Card No. 560^2357 oTsI""'

¶205

Aadhar Card No^544^131)2 7^322 Pradesh, 533448, 13.Occup^n""rdent°Tgld"abfuri^' y®°" ^ of H.No.38-39-19, BapuiiNlar r R®®“ent Visakhaptnam District Andhra PradTsh MoXy 3213 3961 8973 rradesh- 530007, Aadhar Card No.

¶206

I!.|,™T£;S" “Si;?T"J «“■ S” «' K™n.Ml

¶207

¶208

1.5. KODURU MEENA KUMARI, Daughter of K. Sangeetha Rao, Occupation. Student, Aged about 26 Years, Resident of H.No.14-8/A, Main Road, Chebrolu, Guntur District, Andhra Pradesh 522212, Aadhar Card No. 676583482451

¶209

GONNABATHULA HARIKA Daughter of Gonnabathula Nagaraju, Occupation. Student, Aged about 25 Years, Resident of H.No.27 A/2, Courtpeta, Yellamanchili, Visakhapatnam District, Andhra Pradesh, 530012, Aadhar Card No. 593116751927

¶210

YENNE ANVITHA, Daughter of Y.V. Ramana Rao, Occupation. Student, Aged about 24 Years, Resident of Door.No.14 , Sai Nivas, Near VCR Degree College , Mittoor, Chittoor District, Andhra Pradesh, 517001, Aadhar Card No. 766881718696

¶211

MITTAKOLA PRATHYUSHA, Daughter of Mittakola Ravi, Occupation. Student, Aged about 31 Years, Resident of H. No.13-10/1, Beside Varshini Beauty Parlour Thorrur, Mandal Thorrur, Mahabubabad District, Telangana, Aadhar Card No. 533874367008

¶212

MEDA DOLANANDA PRIYANKA, Daughter of Meda Chandra Sekhar, Occupation. Student, Aged about 25 Years, Resident of H. No.11-305,5/5, Telecom Nagar, Nagaralu, Amaravathi Road, Guntur District, Andhra Pradesh, 522034, Aadhar Card No.507709201486

¶213

MUTTINDE PAVAN TEJA, Son of M. Srinivasa Rao, Occupation. Student, Aged about 24 Years, Resident of H. No. 1/55, Ratnagiri nagar, Palakluru Road, Guntur District, Andhra Pradesh, Aadhar Card No.232620653093

¶214

BANALA PRAFFULLA, Son of Banala Subrahmanyam, Occupation. Student, Aged about 24 Years, Resident of H. No.402, Buddha vertex classic block 2, Near Srila Park Pride, Calvary Temple! Hydernagar, Medchal Mandal, Hyderabad, Telangana, 500049,^Aadhar Card No. 222163421901

¶215

BHOGAVALLI LAKSHMI HARSHITA, Daughter of B. T. Lakshmana Rao, Occupation. Student, Aged about 23 Years,^Resident of Flat No. 804, Vasudeva Bloomfield Elation , Khazaguda, Hyderabad, Telangana, Aadhar Card No. 810110636312

¶216

BADUGU AISHWARYA, Daughter of Badugu Raja Sekhar, Occupation. Student, Aged about 24 Years, Resident of H. No. 1-28, Near CSI Church, Nehru Peta, Nuzvid, Krishna District, Andhra Pradesh, Aadhar Card No. 592492194999

¶217

ANUSHA GUNTAMUKKALA, Daughter of G. Taraka Ram, Occupation. Student, Aged about 28 Years, Resident of H. No.59a-201/24, Plot No.16, Gurunanak Road, Vasavi nagar, Vijayawada,^Krishna District, Andhra Pradesh, 520008, Aadhar Card No. 653172872645

¶218

¶219

¶220

V.N.D.SASI REKHA, Daughter of V.Satyanarayana Murthy, Occupation. Student, Aged about 23 Years, Resident of H.No.20-4-3, Bodavari street, Mandapeta, East Godavari District, Andhra Pradesh, Aadhar Card No.368825300709

¶221

MOUNIK REDDY TIPPIREDDY, Daughter of T.Prasad Reddy, Occupation. Student, Aged about 25 Years, Resident of H.No.60-5-6 , F 11, Rupa Apartment, 2^^^ Lane, Siddhartha Nagar, Vijayawada,^Krishna District, Andhra Pradesh, 520010, Aadhar Card No. 9707 1097 0290

¶222

CHALLA BEAULAH RANI, Daughter of Halla Kiran Kishore Babu, Occupation. Student, Aged about 26 Years, Resident of H.No. 17-26-8, Kopelavari street. Near Ram School, Pezzonipeta, Vijayawada,^Krishna District, Andhra Pradesh, Aadhar Card No. 779374622851

¶223

B. PRUDHVI SAI, Son of B. Kesavarao, Occupation. Student, Aged about 26 Years, Resident of H.No. 9/89, Gowrisankarpuram, Gudivada Krishna District, Andhra Pradesh, Aadhar Card No. 640777561573

¶224

...Petitioners

¶225

AND

¶226

THE STATE OF ANDHRA PRADESH, Represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan,^NewDelhi- 110011.

¶227

DIRECTORATE GENERAL OF HEALTH SERVICES, REPRESENTED BY MEDICAL COUNSELLING COMMITTEE- P. G MEDICAL/ DENTAL COUNSELLING-NEET, Ministry of Health and Family Welfare, Government of India, Room No. 348, 'A' Wing, Nirman Bhavan, New Delhi-110011

¶228

The State of Andhra Pradesh, Represented by its Spl.^Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada - 522238.

¶229

Dr. N.T.R UNIVERSITY OF HEALTH 86 SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.

¶230

ANDHRA PRADESH HIGHER EDUCATION, REGULATORY and MONITORING COMMISSION (APHERMC) 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur^District- 522501. Represented by its Secretary.

¶231

MEDICAL COUNCIL OF INDIA, Pocket-14, Sector - 8, Dwaraka^Phase - 1, New Delhi-110077. Represented by its Secretary^General

¶232

¶233

7 DENTAL COUNCIL OF INDIA, Aiwan-E-Galib Marg, Kotia^Road ’ Temple Lane, 0pp. Mata Sundari College for Women,^NewDelhi- 110002. Represented by its President.

¶234

8 SANTHiRAM iviEDICAL COLLEGE & GENERAL HOSPITAL, NH-lBNandyal, Kurnool District, Andhra Pradesh-518501. Represented^byits Principal

¶235

9 nRI ACADEMY OF SCIENCES, Chinnakakani-MangalagiriMandal, Guntur District, Andhra Pradesh, 522503 Represented^{byitsPrincipal}

¶236

GREAT EASTERN MEDICAL SCHOOL AND HOSPITAL, Door No.3-51, Rajolu, Srikakulam District, Andhra Pradesh,⁵³²⁴⁸⁴ Represented by its Principal

¶237

NRI INSTITUTE OF SCIENCES, Sangivalasa, Bheemunipatnam

¶238

NRI INSTITUTE OF SCIENCES, Sangivalasa, Bheemunipatnam

¶239

Taluq, Vishakapatnam, 531162 Represented by its Principal ...Respondents

¶240

Cause title amended orders passed in I.A.No.2 of 2020^{inWP.No.9814of} 2020 vide Court Order dated 09-07-2020. Petition under Article 226 of the Constitution of India praying^that in the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue an appropriate Writ, Order or Direction^{moreparticularly} one in the nature of Writ of Mandamus, declaring the action of the Respondent No.8 to 11 Colleges herein in not permitting the Petitioners to Fee for the Admission into P.G Medical/Dental Courses^for Report and Pay the Academic Year 2020-21 under Competent Authority Quota (Phase-1) selected vide Web Counselling dated 29.05.2020 to 31.05.2020^conducted by the Respondent No.4 University and also the inaction^{oftheRespondent} Nos.1 to 7 herein in not taking any action on the Respondent^No.8to 11 for the said illegal action of closing down the institution Colleges herein abruptly as illegal, arbitrary, abuse of executive^powers, violative of the regulations and guidelines of the Respondent No.1 to 7 herein and Article Constitution of India and consequently direct the 14, and 19 of the Respondent No.8 to 11 Colleges herein to permit the^{PetitionerstoReport} Fee for the Admission into P.G Medical Course for the^Academic and Pay

¶241

¶242

Year 2020-21 under Competent Authority Quota (Phase-I) on or before the deadline i.e., 10.06.2020 which i IS set by Respondent No.4.

¶243

lA NO: 1 OF 9090

¶244

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be P eased to direct the Respondent No.8 to 11 Colieges herein to permit the Petitioners to Report and Pay r Fee for the Admission into P.G Medical Course for the Academic Year 2020 -21 under Competent Authority Quota (Phase-1) on of before the deadline i i e., 10.06.2020 which is set by Respondent No.4 pending disposal of the above writ petition.

¶245

lA NO: 3 OF 2090

¶246

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be P eased to direct the Registry to list the above matter under the caption For 'oTo'inTr/'f 2020 m IA.No.1 of 2020 in WP.No.9814 of 2020 that STUDENTS agreed for PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE years, subsequent to the ADMISSION.

¶247

Counsel for the Petitioner: SRI J C FRANCIS

¶248

Counsel for the Respondent No. 1; GP FOR MEDICAL HEALTH & FAMILY WELFARE

¶249

Counsel for the Respondent No.2: SRI C.SUDESH ANAND Counsel for the Respondents: ncD. PASALA PONNA RAO, deputy solicitor general OF INDIA

¶250

¶251

WRIT PETITION NO: 9874 OF 2020

¶252

Between:

¶253

Vignan Educational Foundation, A Registered Trust^underthe Indian Trust Act, 1882, Having its Registered office at No 37 T.Chowdaiah Road, Bangalore-560003 Rep.by its Director, K. Ramaiah

¶254

Katuri Medical College and Hospital, Katuri Nagar,^{Chinakondrupadu,} Guntur District, Andhra Pradesh, Rep. by its Dean,^{Dr.K.VaraPrasad}

¶255

...Petitioners

¶256

AND

¶257

The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Health and Medical and Family Welfare^Secretariat Buildings, Velagapudi, Amaravati, Guntur District

¶258

Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), Rep. by its Secretary, 3rd Floor,^Sree Mahendra Enclave, NRI Block (C-Block), NH-15, Tadepalli,^Guntur District.

¶259

N.T.R. University of Health Sciences, N.T.R. University^ofHealth Sciences, Vijayawada, Krishna District, Rep by its Registrar.

¶260

Sneha Gujjidi, daughter, of Byragi G. Aged about 25 years. Occupation: Student, Resident of Sf-1, Sai Castle, Visalakshi Nagar, Visakhapatnam-530043. Aadhar No.5539 4152 1047.

¶261

.Avula Sushma, daughter of Vijaya Bhaskar Reddy, aged about 25 years. Occupation: Student, Resident of Door no:26/1/357,^Kannelur Road, Jammalamadugu, Ysr Kadapa District-516434. Aadhar No.990034924900.

¶262

Vempadapu Rajeswari, daughter of V.Sanyasinaidu, aged about 26 years. Occupation: Student, Residing at D.no: 19-166, Vangapalli Peta. Cheepurupalli, Vizianagaram. Aadhar No.261367358949.

¶263

Shiny Pothumudi, daughter of Pothumudi Samuel Raju, aged about 25 years. Occupation: Student, Resident of Door No. 1-137/39,^Gokul Gardens, Atchampeta Junction, Kakinada. Aadhar no:^{902761747224.}

¶264

Mohammed Roshan Zameer, Son of Late Abdul Rahiman, aged about 25 years. Occupation: Student, Resident of 42-38-18,^BlockNo.38, Rajula Bazar, Azit Singh Nagar, Vijayawada, Krishna (Dt), Andhra Pradesh-520015. Aadhar No.482995126114.

¶265

C.Lipika, daughter of Channa Sudhakar, aged about 24 years, Occupation: Student, Resident of Flat no: 104, Gajanana Apartment,

¶266

¶267

Santhinagar, Nad Kotharoad, Opposite Nsti, Near Gongura^Hotel. Aadhar no; 798444795849.

¶268

lO.Ayesha Fathima, daughter of Mahammad Yahya, aged^about24 years. Occupation Student, D. No:-5-28-D/2. Bantumilli road, Gudiwada Aadhar no.399791797611.

¶269

11 .Kanna Gopi Varma, Son of Kanna Narasimha Rao, aged^about28 years. Occupation: Student, Resident of 11 -1, Near Santhabazar, Nizampatnam Post And Mandal, Guntur District-522314 Aadhar No 614276203129.

¶270

12.Tata Venkata Pavan Kumar Gupta, Son of Bandari Narayana, aged about 25 years. Occupation Student, Resident of 301 Opp Chadalawada Gupta Celestia, Vip Road 5th Cross, Ongole.^AadharNo’ 261739734430.

¶271

13.Prasanth Pasumarthi, Son of Moose Pasumarthi. aged about 26 years, Occupation Student, Resident of Door No8-302, Aruna Colony, Singarayakonda (Mandal), Prakasam District, Andhra Pradesh Aadhar no;637968293707.

¶272

Respondent Nos. 4 to 13 were impleaded as per C.O.^dt12.09.2024 vide lA.No 3 of 2020 in W.P. No 9874 of 2020.

¶273

...Respondents

¶274

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus, A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated 29/05/2020 issued by the 1st Respondent fixing fees structure for the block period 2020-21 to 2022-23 on the recommendations of the 2nd Respondent dated 24.05.2020 fixing differential tuition fee structure for different categories and common fee for all colleges as arbitrary, illegal and unconstitutional, apart from being violative of principles laid down by the Hon’ble Apex Court and B. Consequently quash the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated 29.05.2020 and C. Consequently to direct the Respondent Nos. land 2 to fix uniform fee for the students joining under the category of competent authority and management quota who will be admitted into 1st

¶275

¶276

year Post Graduate Degree and Diploma courses offered by the Petitioners and fix differential fee based on their accounts and after taking ail the relevant factors for consideration as laid down by the Honble Apex Court from the academic year 2020-21 to onwards.

¶277

lA NO: 1 OF 2020

¶278

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of G.O.Ms. No. 56, Health Medical and Family welfare department dated 29-05-2020, issued by the first respondent pending disposal of the above writ petition.

¶279

lA NO: 2 OF 2020

¶280

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to take any coercive actions/steps against the petitioners herein, pending disposal of the above writ petition.

¶281

Counsel for the Petitioners: SRI S.V.S.S.SIVA RAM

¶282

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH &

¶283

FAMILY WELFARE

¶284

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

¶285

Counsel for the Respondent No.3: SMT. T. V. SRIDEVI

¶286

Counsel for the Respondents No.4 to 13: SRI ZEESHAN ADNAN MAHMOOD

¶287

WRIT PETITION NO: 9875 OF 2020

¶288

Between:

¶289

Sri Alluri Sitarama Raju Educational Society, A Society Registered under AP Registration of Societies Act,2001 Having its registered office

¶290

¶291

N'layam Ramachandrarao pet, Eluru -

¶292

534002 Rep.by its Chairman Mr.Gokaraju Ganga Raj

¶293

1. Alluri Sitarama Raju Academy of Medical Sciences. Eluru West Devrcokaraji^’ P^desh- 534005, Rep. by its Director,^Rathi ...Petitioners

¶294

¶295

The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Health apd Medical and Family Welfare, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

¶296

Andhra Pradesh Higher Education Regulatory and Monitoring Commission, (APHERMC), Rep. by its Secretary, 3rd Floor Sree Dist'rict'^'^ NH-15, Tadepalli,’Guntur

¶297

N.T.R. University of Health Sciences, Vijayawada Krishna District, Rep

¶298

by its Registrar

¶299

4, D. Pratyusha, Daughter of D. Sreenivasa rao. Occupation: Student aged about 26 years. Resident of Flat no 302 pranathi heavens, Vuda Phase 1, Kurmannapalem, Visakhapatnam. Aadhar No .480914006884.

¶300

Data Manojroy, Son of DARA NR. SUDHAKAR, Occupation: Student aged about 25 years. Resident of D.No-1-1/4, HIG-55, Housing board colony, Rajahmundry, East Godavari District Aadhar No.349725560286.

¶301

PHIa Jyothirmai, Son of Pilla Eswara Rao, Occupation: Student aged abou 25 years, Resident of D-no: 6-28, Sri ranga nagar colony. No 758344o"l’72« mandal, Visakhapatnam-531019. Aadhar

¶302

Venkata Durga Sai Vikas Mahankali, Son of Ramu Mahankali Occupation: Student, aged about 24 years. Resident of 8-5-10 81^83^2163060^^’ Eluru-534001. Aadhar No.

¶303

Vutukuri.Sudha Priyanka. Daughter of VUTUKURI SUBBARAO - 24 years. Resident of Door no 5-48

¶304

LTar^r ?S7S3S9"' ’

¶305

Gujjala krishnamurthy. Son of Gujjala Anjineyulu, Occupation- Student aged about 27 years. Resident of 5-64, Muddalapuram(V), Kannepalli'

¶306

¶307

Bramhasamudram (M), Anantapur (Dist), Andhra Pradesh-515763. Aadhar No. 351954458394.

¶308

Sunkara nagarjuna reddy, Son of Sunkara Thripura Reddy .^Occupation Student aged about 24 years, Resident of 4-25A, iviareiia, iviunaiamuru Mandal.’Prakasam District 523201. Aadhar No. 548532101251.

¶309

11 Penke Prudhvi, Son of P.V.V.Satyanarayana. Occupation;^Student aged about 25 years, Resident of 1-112, vakada, karapa^mandal.East Godavari dist, Andhra Pradesh. Aadhar No. 352383407782.

¶310

12 Veesam Venkat Sai, Son of Veesam Durga Rao, Occupation;^Student, Resident of Flat No. 105, B block, Survey nilayam

¶311

aged about 24 years, gorantia, guntur-522034. Aadhar No. 775398768330.

¶312

13.Kilaparti Kavya, Daughter of Kilaparthi Venkata^{rao.Occupation.} Student, aged about 25 years. Resident of 4/148. near^ramalayam velampeta, Pentapadu(M), West Godavari- 534166. Aadhar No. 330915506069.

¶313

14.Lavanya Lakshmi Kornepati, Daughter of Shanmukha^SaiBaba Kornepati, Occupation; Student, aged about 24 years.^{Residentof10-3-} 12/1, beside Veera Raghava Swami Temple, Mutte vari^{Street,Perala,} Chirala, Prakasam district. Aadhar No. 340265563846.

¶314

15.Kastala Snigdha Sri. Daughter of kastala kantha^{rao.Occupation;} Student, aged about 26 years, Resident of Nagavarappadu.^gudivada. AadharNo. 900087383533.

¶315

16.D. Tejaswi, Daughter of D. Vidyasagar, Occupation;^Student,aged about 24 years. Resident of do D. Vidyasagar Drawing^teacher.Near parivarthana school, Sattenapalli, Aadhar No.841732774589.

¶316

Mohammed Naseema Sulthana, Daughter of Mohammed^Ruhulla, Occupation; Student, aged about 24 years Resident of D.no 17/104, kanuru, Vijayawada. Aadhar No.891468476193

¶317

18 Nazia Sultana. Daughter of Gulam Ahamed, Occupation;^Student,aged about 25 years. Resident of 30-27-20/3, Ghalib khan^{manzil,2ndfloor.} Near ambedkar statue, Appaya nagar, Madhavadhara, Vishakapatnam, 530007. Aadhar No.822586616702.

¶318

19.Shaik. Nazeema, Daughter ofShaik. Saidulu bude.^Occupation; Student, aged about 23 years. Resident of Door no;^{25-17-401,11th} Lane, srinivasrao pet, near peerla chavdi, Guntur,^{522004.AadharNo} 715657038340.

¶319

20.Vemavarapu Mahesh, Son of Sri Siva Prasad, Occupation;^Student, aged about 24 years. Resident of 13-19-8, Ponekallu,^{Guntur,Andhra} Pradesh-522018.

¶320

¶321

Respondent No 4 to 20 were impleaded as vide lA.No 3 of 2020 ini W.P. No 9875 of 2020.^{perC.O.dt12.09.2024}

¶322

-Respondents

¶323

Petition under Article 226 of the Constitution of India he ircunrstances stated in the affidavit filed therewith praying that in the High Court may be pleased to issue an order'or direction or Writ more particularly one in the nature of Writ of Mandamus.

¶324

A. Declaring the G.O.Ms. No.56 Health, Medical and Family Welfare Dept Dated. 29.05.2020 i -tssued by the 1^. Respondent fixing fees structure for the block period 2020-21 to 2022-23 the 2 nd Respondent dated 24.05.2020 on the recommendations of fixing differential tuition fee structure for different categories and common fee for all colleges as arbitrary, illegal and unconstitutional principles laid down by the Hon'ble apart from being violative of Apex Court and B. Consequently quash the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated. 29.05.2020 and

¶325

C. Consequently to directdhe Respondent Nos. 1 and 2 to fix uniform fee for the students joining under the category of competent authority and management quota who will be admitted into 1st year Post Graduate Degree and Diploma differential fee based courses offered by the Petitioners and fix on their accounts and after taking all the relevant factors Torf consideration as laid down by the Hon'ble Court from the academic Apex year 2020-21 to onwards.

¶326

!ANP: 1 OF 2ns>n

¶327

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition . the High Court pleased to may be suspend the operation of G.O.Ms.No.56 Family Welfare Health, Medical & Department Dated: 29.05,2020 i Respondent issued by the 1 pending disposal of the above Writ Petition.

¶328

¶329

lA NO: 2 OF 2020

¶330

Petition under Section 151 CPC praying that in the^{circumstances} + K ii I e High Court may be stated in the affidavit filed in support of the petition, direct the Respondents not to take any coercive actions/^steps pleased to against the Petitioners herein, pending disposal of^{theaboveWritPetition.}

¶331

Counsel for the Petitioners: SRI S.V.S.S.SIVA RAM

¶332

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH^&

¶333

FAMILY WELFARE

¶334

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

¶335

Counsel for the Respondent No.3: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

¶336

Counsel for the Respondents No.4 to 20; SRI ZEESHAN^ADNAN MAHMOOD

¶337

WRIT PETITION NO: 9876 OF 2020

¶338

Between;

¶339

¶340

1. The“ j NRI Academy of Sciences, A Society Registered under Registration of Societies Act 2001 Having its Registered^{officeat60-3-} 1/4 YK Buildings, Route No 5, Ramachandra Nagar, Vijayawada Rep.by its Secretary, Mr.Appa Rao Mukkamala

¶341

NRI Medical College and General Hospital, Rep. by its Principal, Dr.N.Lakshmi. Mangalagiri Road, Chinakakani-522503^{GunturDistrict,} Andhra Pradesh

¶342

...Petitioners

¶343

AND

¶344

The State of Andhra Pradesh, Department of Health^{andMedicaland} Family Welfare Department of Health and Medical and^{FamilyWelfare} Secretariat Buildings, Velagapudi, Amaravati, Guntur^District.

¶345

¶346

Mahendra Enclave NRr^’,ocr(c 'eiock) Nri5' f District. ' Tadepalli, Guntur

¶347

N.T.R. University of Health Sciences Krishna District. Rep by its Registrar Vijayawada iHSSSHiS3'°“ Prakasam District, Andhra Pradesh, Aadhar Card'No° 2536319^62?! s'

¶348

Aged

¶349

'■ abo°ur2?4^atL°fdrt^nVi7 ir^6°D“r^"'a" , Andhra Pradesh, Aadhar Card

¶350

'■ SL'utl6^7e"ars °ReS orH No"7'4S'o:9; P-^esh, K'Z'^AlShrc'ard"''

¶351

Aged about 25 YeTrs,' ReTm o/2/2' Fi°MK^rsiddhiull''''®"'' Madhura Veedhi Onn lan^ nf 9fq oh. u I’u ' ®

¶352

, Occupation;

¶353

student. Aged abotd'^s'veare'^ResHp Occupation: 16, Gurunanak Road,'^033^0000 vTavtada'ft'^-^^^^ Andhra Pradesh, 5200Q8, AadTaSX 653172"72T4°"'"^

¶354

Occupata«nkAged“ru'tl3Ye^'®^ Bodavari street Mandapeta Eastrna of H.No.20-4-3, Aadhar Card N0.368825300V09

¶355

¶356

Respondent No 4 to 11 were impleaded as per C.O.dt 12.09.2024 vide lA.No 3 of 2020 in W.P. No 9876 of 2020.

¶357

...Respondents

¶358

226 of the Constitution of India praying that in Petition under Article the affidavit filed therewith, the High Court may the circumstances stated in order or direction or Writ more particularly one in the be pleased to issue an nature of Writ of Mandamus,

¶359

A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Respondent fixing fees structure

¶360

Dated 29/05/2020 issued by the 1 the recommendations of

¶361

for the block period 2020-21 to 2022-23 on 24/05/2020 fixing differential tuition fee

¶362

the 2'"'^ Respondent dated structure for different categories and common fee for all colleges as unconstitutional, apart from being violative of

¶363

arbitrary, illegal and principles laid down by the Hon’ble Apex Court and

¶364

G.O.Ms.No.56 Health, Medical and Family

¶365

B. Consequently quash the Welfare Dept Dated 29/05/2020 and

¶366

direct the Respondent Nos. 1 and 2 to fix uniform fee

¶367

C. Consequently to for the students joining under the category of competent^authorityand who will be admitted into f year Post Graduate

¶368

management quota offered by the Petitioners and fix

¶369

Degree and Diploma courses their accounts and after taking all the

¶370

differential fee based on relevant factors for consideration as laid down by^{theHon’bleApex} Court from the academic year 2020-21 to onwards.

¶371

lA NO: 1 OF 2020

¶372

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to suspend the operation of G,O.Ms.No,56, Health, medical and family welfare department dated 29-05-2020, issued^{bythefirstrespondent} pending disposal of the above writ petition.

¶373

¶374

IAM>: 2 OF 9non

¶375

Petition under Section 151 CPC praying that in the ci stated in the affidavi circumstances I filed in support of the - petitio; High C curt may be Pteased ,0 direct the respondents not to take any coercive against the petitioners herein actions/step pending disposal of the above writ petition.

¶376

Counsel for the Petitioner s: SRI S.V.S.S.SIVA RAM Counsel for the Respondent No.1;GP for MEDICAL. health & family welfare

¶377

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

¶378

Counsel for the Respondent s: SMT T.V.SRIDEVI SC for Dr. NTR UNIVERSITY

¶379

Counsel for the Respondents; ■ ZEESHAN ADNAN MAHMOOD

¶380

9877 OF ?n9n

¶381

Between:

¶382

1- Siddhartha Registered undJTp^RSfT'^r

¶383

Registered undJTp^RSfT'^r Technical Education A 9 , Foundation, Chinna Avutapallf"g® Sciences Andhra Pradesh- 521?sr ’ ^^aPavaram . Mandal Cht'^St' Murthy p^1286, Rep. by its^p Pnncpai, Dr. P. Satyanarayan^

¶384

AND

¶385

•■•Petitioners

¶386

o^Sh^and MeS f Secretary - Secretariat Buildings, Velagapudi, Ama^atSf

¶387

¶388

Andhra Pradesh Higher Education Regulatory and Monitoring Commission, (APHERMC), Rep. by its Secretary, 3'"'^ Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-15, Tadepalli,^Guntur District.

¶389

N.T.R. University of Health Sciences, Vijayawada, Krishna District, Rep by its Registrar.

¶390

Kakumanu Chandana, Daughter of K.Srinivasa Rao, aged^about25 years. Occupation Student, Resident of 59A-21/4-3, gayatri nilaya, R.R gardens, patamata, vijayawada-520008. Aadhar number 274328038165.

¶391

B. Meghala, Daughter of B Venkateshwara Rao, aged about 25 years. Occupation Student, Resident of 3-111, sitarama nilayam, nagayalanka, Krishna Dt. Aadhar No.634228468524.

¶392

Rongali Lochana, Daughter of R Gnaneshwar Rao, aged^about26 years. Occupation Student, Resident Of 30-4-10, Vadlapudi, Rh Colony, Visakhapatnam, 530046. Aadhar no;304680958097.

¶393

Jeldi Blandina Deepthi, Daughter of J Munelah, aged about 25 years. Occupation Student, Resident of 1331/1, House Near Ganesh Temple, Kothapeta, Vinukonda, Guntur District.522647. Aadhar no:215545372008.

¶394

Respondent No 4 to 7 were impleaded as per C.O.dt 12.09.2024 vide lA.No 3 of 2020 in W.P. No 9877 of 2020.

¶395

¶396

A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated. 29.05.2020 issued by the 1®‘ Respondent fixing^{feesstructure} for the block period 2020-21 to 2022-23 on the recommendations of the 2'^^ Respondent dated 24.05.2020 fixing differential tuition fee structure for different categories and common fee for all colleges as arbitrary, illegal and unconstitutional, apart from being violative of principles laid down by the Hon'ble Apex Court and

¶397

¶398

B. Consequently quash the G.O.Ms.No.56 Health Medical and Family

¶399

Welfare Dept Dated. 29.05.2020 and

¶400

C. Consequently to direct the Respondent Nos. 1 and 2 to fix uniform fee

¶401

for the students joining under the category of competent authority and

¶402

management quota who will be admitted into 1®* year Post Graduate

¶403

Degree and Diploma differential fee based courses offered by the Petitioners and fix on their accounts and after taking all the

¶404

relevant factors for consideration as laid down by the Hon'ble

¶405

Court from the academic Apex year 2020-21 to onwards.

¶406

jA NO: 1 OF 9non

¶407

Petition under Section 151 CPC praying that in the ci stated in the affidavit filed i circumstances 'n support of the petition, the High pleased to Court may be suspend the operation of G.O.Ms.No.56 Health, Medical & Family Welfare Department Dated; 29.05.2020 i Respondent issued by the 1®* pending disposal of the above Writ Petition.

¶408

lA NO: 2 OF 9non

¶409

Petition under Section 151 CPC praying that in the circumstancesci stated in the affidavit filed i may be any coercive actions/ steps against the Petitioners herein pending disposal of the above Writ Petition. Counsel for the Petitioners; ■ SRI S.V.S.S.SIVA RAM Counsel for the Respondent No.1:GP FOR MEDICAL HEALTH & family WELFARE

¶410

Counsel for the Respondent No.2; SRI C.SUDESH ANAND

¶411

Counsel for the Respondents; •• SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

¶412

¶413

Counsel for the Respondents ; SRI ZEESHAN ADNAN MAHMOOD WRIT PETITION NO:J0159QF2^

¶414

Between;

¶415

All Occupation Student,

¶416

ANJUM Daughter of Md Dilawar

¶417

1. AYESHA castle apartment,

¶418

Dr.DONErDTROJA AiSHWARYA^ Daughter^of^Donepu^

¶419

rsu°r

¶420

Dr.YELLA Occupation city,mini bypass homes-1 ,k k raju green

¶421

3 harsha dream Aadhar No.997929757949 road.eluru,west godavari dt, 534001

¶422

rajam. srikakulam. Aadhar No.267851485365

¶423

...Petitioners

¶424

AND

¶425

1 THE STATE OF ANDHRA PRADESH Represented by Special Chfef secretary to Government, Health, Medical and Farnily welfare (Cl) Department, Secretariat, Viiayawada.522238.

¶426

Dr. N.T.R UNIVERSITY OF HEALT';/";eL^sr52^^^^^

¶427

Road, Gunadala, Vijayawada by its Registrar.

¶428

' HSSS'SSHH522501. Represented by its Secretary.

¶429

8, Dwaraka Phase

¶430

4, MEDICAL COUNCIL General -1 New Delhi-110077.

¶431

¶432

MAHARAJA INSTITUTE '15, Nellimarla nea. - 535217. Calico nti„ . -Respondents 2020 vide Court order°dated 09®o7.202o:^'^°'^ WP.No.10159^of

¶433

¶434

Petition under Article 226 of the Constitution of India ' 'Stances stated in the affidavit filed therewith praying that in the High Court may pleased to issue an appropriate Writ, Order or Direction one in the nature of Writ more particularly of Mandamus Respondent No.5 herein i declaring the action of the m not permitting the Petitioner Fee for the Admission i to Report and Pay into P.G Medical/ Dental Year 2020-21 Courses for the Academic under Competent Authority Counselling dated 29 Quota (Phase-1) vide Web 05.2020 to 31.05.2020 conducted by the Respondent No.2 University and aiso the i nnf t v "taction of the Respondent Nos 1 to 4 herein in not taking any action on the Respondent No 5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article '14. and 19 of consequently direct the Respondent No.5 hereinthe Constitutionto of India and permit the Petitioner to Report and Pay Fee for the Admission i Academic Year 2020-21 under Competent intoAuthorityP.G QuotaMedical Course for the (Phase-1). lA NO: 1 OF 9n9n Petition under Section 151 CPC praying that in the circumstancesci may be to permit the Petitioner to Report and Pay Fee for the Admission into P.i G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) pending disposal of the above writ petition.

¶435

¶436

lA NO: 3 OF 2020

¶437

Petition under Section 151 CPC praying that in the circumstances 5i3l0u in the camidavit filed in support f the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting the typographical error in Order dated 09-072020 in IA.No.1 of 2020 in WP.No.10159 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS. SUBSEQUENT TO THE ADMISSION.

¶438

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

¶439

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

¶440

Counsel for the Respondent No.3: SRI C.SUDESH ANAND

¶441

Counsel for the Respondent No.2: SMT T.V.SRIDEVI,

¶442

SC for Dr. NTR UNIVERSITY

¶443

Counsel for the Respondent No.4: SRI VIVEK CHANDRA SEKHAR

¶444

WRIT PETITION NO: 10195 OF 2070

¶445

Between;

¶446

MADIREDDI NAGA SIRISHA, Daughter of Madireddi Sanyasi Rao Occupation Student, Aged about 26 years, Resident of H.no.2-14 Mandal, Vizainagaram District Andhra

¶447

Pradesh-535240, Aadhar Card No.206938720549

¶448

T^MANASA, Daughter of T. V. Narasimhulu, Occupation Student Aaed about 34 years. Resident of Aishwarya Heritage, Flat 405, Lingarnpallv Hyderabad, Telangana State, Aadhar Card No.759230226278

¶449

...Petitioners

¶450

AND

¶451

^ PRADESH Represented by Special SIrtTri n'' Government, Health, Medical and Family^ Welfare (C1) Department, Secretariat, Vijayawada-522238.

¶452

¶453

Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.

¶454

ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur^District- 522501 Represented by its Secretary.

¶455

MEDICAL COUNCIL OF INDIA, Pocket-14, Sector - 8, Dwaraka^Phase -1, New Delhi-110077. Represented by its Secretary^General

¶456

NRI INSTITUTE OF SCIENCES, Sangivalasa, Bheemunipatnam Taluq Vishakapatnam, 531162 Represented by its Principal

¶457

...Respondents

¶458

Cause title amended orders passed in I.A.No.2 of 2020^{inWP.No.10159of} 2020 vide Court order dated 09-07-2020.

¶459

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/ Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent^Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary,^{abuseofexecutive} powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit^{thePetitionerto} Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

¶460

¶461

lA NO: 1 OF 2020

¶462

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit^the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) pending disposal of the above writ petition.

¶463

lA NO: 3 OF 2020

¶464

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting the typographical error in Order dated 09-072020 in IA.No.1 of 2020 in WP.No.10195 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS. SUBSEQUENT TO THE ADMISSION.

¶465

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

¶466

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH &

¶467

FAMILY WELFARE

¶468

Counsel for the Respondent No.3: SRI C. SUDESH ANAND

¶469

Counsel for the Respondents: SRI VIVEK CHANDRA SEKHAR

¶470

Counsel for the Respondent No.2: SMT. T.V.SRIDEVI,

¶471

SC for Dr. NTR UNIVERSITY

¶472

WRIT PETITION NO: 1Q229 OF 2020

¶473

Between:

¶474

BHAVISHYA VANGA, Father Name. Sudhakara Reddy Vanga Age. 25 Kesident of 89-4-737. Ward No 26, HIG 77. APHB Colony.^Guntur.

¶475

¶476

^ Seetha Ramaiah Aqe. 26

¶477

kurmannapaiem°visafha%?n?my^AnShraPra^^ sriramnagar. A.satyanarayana Age 25

¶478

Resident of Dno.5-45, Ihota vari veedi, jaggampeta ma^dalam Jaggampeta, East Godavari District, Andhra Pradesh 533435

¶479

%'a^Ar25Tet“e"nfo7Dnor;02/^^^^^^^^

¶480

v‘aTharaL^nr^Tdt:

¶481

...Petitioners

¶482

AND

¶483

’ PRADESH Represented by Special Chiefelfare Secretary(C1) Department,to Government,Secretariat,Health,Vijayawada-522238.Medical and Family^ I “i;' OF HEALTH AND SCIENCES NH16 service by etReg^^ha^r ' Pradesh-520008. Represented

¶484

ANDHRA PRADESH HIGHER EDUCATION REGULATORY AMn monitoring commission (APHERMC), 3rd floor Sree Mahendra Enc^ve, NRI Block (C Block). NH-16. Tadepalli. GuntufDfstdc^^'^^ 522501. Represented by its Secretary.

¶485

COUNCIL OF INDIA, Pocket-14, Sector - 8 Dwaraka Phase -1. New Delhi-110077. Represented by its Secretary General

¶486

COLLEGE AND HOSPITAL, KaturiNahar Guntur

¶487

Andhra Pradesh 500019, Represented by its Principal.

¶488

...Respondents 909^0 ® passed in I.A.No.1 of 2020 in WP No 10229 of 2020 vide Court order dated 09-07-2020. vvh.no.1 0229^of Petition under Article 226 of the Constitution of India praying that in the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the

¶489

¶490

Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent^Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary,^{abuseofexecutive} powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit^{thePetitionerto} Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

¶491

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

¶492

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

¶493

Counsel for the Respondent No.3: SRI C. SUDESH ANAND

¶494

Counsel for the Respondent No.4: SRI VIVEK CHANDRA SEKHAR Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

¶495

WRIT PETITION NO: 10290 OF 2020

¶496

Between:

¶497

Dr.GUGULOTH SHEKHAR, Son of Guguloth Bhav singh, Occupation Student, aged about 27 years. Resident of H.No.3-153. Bhagya Nagar Thanda, singareni, khammam 507123. Aadhar No.873580842637

¶498

Dr.K.INDIRA PRIYA, Daughter of K.Satyannarayana Murty, Occupation Student, aged about 24 years. Resident of - Door no/3-68, Naidu street, siripuram village, Srikakulam district. Aadhar No.903698277568

¶499

Dr.BALlJE SWETHA, Daughter of Balije Thippanna, Occupation Student, aged about 26 years. Resident of D .No. 16-11-424, harinadhpuram, Nellore, 524003. Aadhar No.346114184793

¶500

¶501

Dr.PANEM ROHINI priya n=, .. Occupation Student, aged about 23 yL s' ReL Rammohan, Pezzonipetta, Zakaraiph qI . . ’ of Door No 17

¶502

AadharNo.671756461244 ' Krishna distrfcl

¶503

Or.P, SURYA PRASANNA about 25 years, Resident of door°nr 2?9^Mig aged Cantonment Vizianagaram Aadhar No.361192567030^® ^

¶504

" imran. Occupation

¶505

" imran. Occupation jayaprakash nagar, Vijayawada 520008 Aadhar

¶506

1. Dr.METTU ANISHA Dannh, , “Vkadhar No,503119746341 Student, aged about 24 years Occupation 'owers,3/1ashok nagar, Gumur '5SAal''t,"o srNvasa

¶507

1. Dr.SHAIK BABY HASEENA n u ' '^°-274592159550 Student, aged about 24 yearr^R«jd'? '"^^''avali. Occupation onnurMandal, Guntur District,a’p-5222 "2 Aadh^'^M^'’®^{^'odurjpost),} .ri.i' 022212. Aadhar No.956246766357

¶508

AND

¶509

-Petitioners

¶510

Chief Secretary Represented by Special Welfare (Cl) Department, Secretar!at‘V

¶511

2 nr M T c , secretariat, Vijayawada-522238

¶512

medical COUNCIL OF
INDIA, Pocket-14 Sector ft ni i
-1, New Delhi-110077. Represented by its stcrl^^ry^GenTr^^^
5. Dr.

¶513

-Respondents “'■ders 2020 vide Court order^rio*w ' A.No.I of 2020 i dated 09-07-2020. in WP.No.10290 of

¶514

¶515

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 hereinⁱⁿ not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary,^{abuseofexecutive} powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

¶516

lA NO: 1 OF 2020

¶517

Petition under Section 151 CPC praying that in the circumstances stated in the affidavyit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) pending disposal of the above writ petition.

¶518

lA NO: 3 OF 2020

¶519

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting* the typographical error in Order dated 09-072020 in IA.No.1 of 2020 in WP.No.10290 of 2020 that STUDENTS AGREED

¶520

FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION.

¶521

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

¶522

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH &

¶523

FAMILY WELFARE

¶524

Counsel for the Respondent No.3: SRI C. SUDESH ANAND

¶525

Counsel for the Respondent No.4: SRI VIVEK CHANDRA SEKHAR - Counsel for the Respondent No.2: SMT T.V.SRIDEVI,

¶526

SC for Dr. NTR UNIVERSITY

¶527

WRIT PETITION NO: 10292 OF 2{)9n

¶528

Between:

¶529

' Student, Aged H.N0.3-65A, Thikkireddy palL

¶530

No392ll2b815ro ' Pradesh-522019, AadhL Card '3AYATHREE, Daughter of Katru Srinivasa Rao, Occupation

¶531

Student Aged about 29 Years, Resident of H.No.1 90 Khandrikagudem center, Thangellamudi Mandal, Eluru, West Godavari District, Andhra Pradesh -534005, Aadhar Card No 775618618673 AgeTab™r26' Y^ear^^'p '"f"I' Student Aged about 26 Years, Resident of Flat No.302, SSV Lotus Near SSOwTAadhaTr H M Visakhapatnam, Andhra Pradesht)ciUU43. Aadhar Card No 307675739907

¶532

...Petitioners

¶533

AND

¶534

^ PRADESH Represented by Special WeflreTri n'' fovernment, Health, Medical and Family^ Welfare (Cl) Department, Secretariat, Vijayawada-522238.

¶535

1. Dr. N.T^R UNIVERSITY OF HEALTH and SCIENCES, NH16 service by fts'R°g?s1?a^r^' Pradesh-520008. Represented

¶536

¶537

3 ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur^District- 522501. Represented by its Secretary.

¶538

4, MEDICAL COUNCIL Of" INDIA, Pocket-14, Sector - 8,^DwarakaPhase - 1, New Delhi-110077. Represented by its Secretary

¶539

NRI ACADEMY OF SCIENCES, Chinnakakani-Mangalagiri^Mandal, Guntur District, Andhra Pradesh, 522503 Represented^{byitsPrincipal}

¶540

...Respondents

¶541

Cause title amended orders passed in l.A.No.1 of 2020^{inWP.No.10292of} 2020 vide Court order dated 09-07-2020.

¶542

Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue an appropriate Writ, Order or Direction^{moreparticularly} one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner^{toReportandPay} Fee for the Admission into P.G Medical/ Dental Courses^{fortheAcademic} Year 2020-21 under Competent Authority Quota (Phase-1) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted^{bytheRespondent} No.2 University and also the inaction of the Respondent^{Nos.1to4hereinm} not taking any action on the Respondent No.5 for the^{saidillegalactionof} closing down the institution abruptly as illegal, arbitrary,^{abuseofexecutive} powers, violative of the regulations and guidelines of the^{RespondentNo.1} to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit^{thePetitionerto} Report and Pay Fee for the Admission into P.G Medical^Course for the Academic Year 2020-21 under Competent Authority Quota^(Phase-1).

¶543

lA NO: 1 OF 2020

¶544

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to direct the Respondent No.5 herein to permit^the Petitioner to

¶545

¶546

Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) pending disposal of the above writ petition.

¶547

lA NO: 3 OF 2020

¶548

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting he typographical error in Order dated 09-072020 in IA.No.1 of 2020 in WP.No.10292 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION.

¶549

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

¶550

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH &

¶551

FAMILY WELFARE

¶552

Counsel for the Respondent No.3: SRI C SUDESH ANAND

¶553

Counsel for the Respondents: SRI VIVEK CHANDRA SEKHAR

¶554

Counsel for the Respondent No.2: SMT T.V.SRIDEVI,

¶555

SC for Dr. NTR UNIVERSITY

¶556

WRIT PETITION NO: 10300 OF 2020

¶557

Between:

¶558

PITHANA MONICA ANEESHA, Daughter of Pithana Apparao Age 25 H.No.24 -167, opposite to Chandana Giri Towers, Simhapuri Colony road, Gosala down, Gayatri Nagar, Vepaguntapost,

¶559

MOUNIKA MODALAVALASA, Daughter of M. Venkata Ramana Age 24. H.NO.404/B, Samaikya Apartments, Thokada, Autonagar D block. Visakhapatnam, Andhra Pradesh.

¶560

BAND! SIRISHA, Daughter of B. Venkateswarlu, Age 26, H.No.Mig-2144, Vikasnagar. New Gajuwaka, Visakhapatnam, Andhra Pradesh.

¶561

¶562

4 T SAHAY SAJEEV Son of T.S.K^ NIRANJAN, Age. 29 H.No.21-4I:sSan st^ef, Bhimavaram, West Godavari District, Andhra Pradesh KOTESWAR.A R.AO, Age, 25,

¶563

5 MOUNICA PEDAPALLI, Daughter of 1st Cross Road, Guntur,

¶564

H.No.4-16-104/A, Bharatpet, 2" Lance Andhra Pradesh,

¶565

fi CH SIDDHAVALl, Son of Siddhaiah, Age. 33, H.No.FF-1, VALA ' Heights Apartment, Beside water tank road, Perantallamma ^^mple^ Beside My Mart, Ballem Vari Veedhi Prasadhampadu, Vijayawada Krishna District. Andhra Pradesh

¶566

7 NANDIPATI SIRIL, Son of Nandipati Sadasiva ^g®^5. Arundelpet, 13/2, Door no. 1173, Guntur, Andhra Pradesh-522002

¶567

8 BENDl RESHMA, Daughter of Bendi Chiranjeeva Rao, Age. 24,. R/0^ MIG-134, Phase 4, Vuda Colony, Contonment, Vizianagaram. Andhra Pradesh. ...Petitioners

¶568

AND

¶569

1 THE STATE OF ANDHRA PRADESH Represented by Special Chief Secretary to Government, Health, Medical and^Family Welfare (C1) Department, Secretariat, Vijayawada-522238.

¶570

Dr. N.T.R.7. UNIVERSITY OF HEALTH AND SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.

¶571

3 ANDHRA PRADESH HIGHER EDUCATION REGULATORY AND MONITORING COMMISSION (APHERMC). 3rd floor, Sree Mahendra Enclave NRI Block (C-Block), NH-16, Tadepalli, Guntur District522501. Represented by its Secretary.

¶572

MEDICAL COUNCIL OF INDIA, Pocket-14, Sector - 8,^DwarakaPhase - 1,New Delhi-110077. Represented by its Secretary General.

¶573

ALLURI SEETHARAMARAJU ACADEMY OF MEDICAL SCIENCES
West Godavari District, Andhra Pradesh-534005.
(ASRA), Eluru
Represented by its Principal.
...Respondents

¶574

¶575

passed in I.A.No.1 of 2020 in WP No 10300 of 2020 vide Court order dated 09-07-2020. vvr.ivo.iujuu

¶576

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ^ of Mandamus. declaring the action of the Respondent No.5 herein i m not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action^of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

¶577

lA NO: 1 OF 2n?n

¶578

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) pending disposal of the above writ petition.

¶579

lA NO: 3 OF 2n?n

¶580

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in.support of the petition, the High Court may be pleased to direct the Registry to lit the above matter under the caption For

¶581

¶582

in Order dated 09-07Being Mention for correcting the typographical error 2020 in lA No 1 of 2020 in WP No.10300 of 2020 that^{STUDENTSAGREED} ADDITIONAL AMOUNT OF RS.45,000/- FOR TFIREE FOR PAYMENT OF YEARS SUBSEQUENT TO THE ADMISSION.

¶583

Counsel for the Petitioners; SRI DHARMESH D.K.JAISWAL

¶584

Counsel for the

¶585

Respondent No.1: GP FOR MEDICAL HEALTH &

¶586

FAMILY WELFARE

¶587

Counsel for the Respondent No.3: SRI C SUDESH ANAND

¶588

Counsel for the Respondents: SRI S VIVEK CHANDRA SEKHAR

¶589

Counsel for the Respondent No.2: SMT SC for Dr. NTR UNIVERSITY

¶590

WRIT PETITION NO: 10345 OF 2020

¶591

Between:

¶592

1 GUDE MANJU BHARGAVI, Daughter of Srinivasa Rao, Occupation Student, Aged about 27 Years, Resident of mam Agraharam, satuluru, Guntur District, Andhra Pradesh-52254, Aadhar card No.948899411316

¶593

2 REENA PARVEEN, REENA PARVEEN Daughter of Maqbool Noor Mohieddin, Occupation Student Aged about 27 Years Resident of H No 14-43 Sri Shiridi Sai Nilayam, Tulsi Nagar, 3rd lane, Kanuru, Penamaluru Mandal, Krishna District, Andhra Pradesh-520007,^Aadhar Card No.745255827163

¶594

Son of Ch. Venkateswara Rao, Occupation

¶595

1. CH. CHANDU TEJA Resident of Tenali, Guntur District,

¶596

Student Aged about 24 Years Andhra Pradesh, Aadhar Card No.836033670866

¶597

4 K SARANYA, Daughter of K.Chakranatha Reddy, Occupation^Student, Resident of H.No.2-73/ 1, Road No.2, MK Naidu

¶598

Aged about 25 Years c'hittoor District-Andhra Pradesh-517501, Aadhar

¶599

Colony, Tirupathi, Card No.443649318935

¶600

5 YASMIN Daughter of Ayub Basha Mohammad, Occupation^Student, ' Aged about 27 Years, Resident of H.No.49-42-32, Akkayyapalem, Visakhapatnam District, Andhra Pradesh-530016, Aadhar Card No. 707717019/59

¶601

¶602

TIRLANGI ANAND PRATAP, Son of Tirlangi Vasudeva Rao Occupation Student, Aged about 25 Years. Resident of H.No.2-102, Old Bank Street, Tolapi, Srikakulam District, Andhra Pradesh-532402 Aadhar Card No. 644376708508

¶603

DASARI ANUSHA, Dajughter of Dasari Jayaprakash rao. Occupation Student, Aged about 26 Years, Resident of A.T Agraharam 5th lane Guntur, Guntur District, Andhra Pradesh-Aadhar Card No. 717044011019

¶604

...Petitioners

¶605

AND

¶606

THE STATE OF ANDHRA PRADESH Represented by Special Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada-522238.

¶607

Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES. NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.

¶608

ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION (APHERMC). 3rd floor. Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur^District- 522501. Represented by its Secretary.

¶609

MEDICAL COUNCIL OF INDIA, Pocket-14, Sector - 8, Dwaraka Phase -1, New Delhi-110077. Represented by its Secretary^General

¶610

GREAT EASTERN MEDICAL SCHOOL and HOSPITAL, Door No.3-51 Rajolu, Srikakulam District, Andhra Pradesh, 532484 Represented by its Principal

¶611

...Respondents

¶612

Cause title amended orders passed in I.A.No.1 of 2020 in WP.No.10345 of 2020 vide Court order dated 09-07-2020.

¶613

¶614

¶615

Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I).

¶616

lA NO: 1 OF 2n?n

¶617

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission i into P.G Medical Course (General Medicine) for the Academic Year 202021 under Competent Authority Quota (Phase-I) pending disposal of the above writ petition.

¶618

lA NO: 3 OF 7()?n

¶619

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting the typographical error in Order dated 09-072020 in IA.No.1 of 2020 in WP.No.10345 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION.

¶620

Counsel for the Petitioner: SRI DHARMESH D.K.JAISWAL

¶621

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH &

¶622

FAMILY WELFARE

¶623

Counsel for the Respondent No.3: SRI C.SUDESH ANAND

¶624

¶625

Counsel for the Respondents: SRI S VIVEK CHANDRA SEKHAR

¶626

Counsel for the Respondent No.2: SMT T.V.SRIDEVI,

¶627

SC for Dr. NTR UNIVERSITY

¶628

WRIT PETITION NO: 10371 OF 2020

¶629

Between:

¶630

Rowthula. B.V.D. Sesha Sai Kondala Rao, S/o Satyanarayana Murthy, Aged about 26 years, Student, R/o D.No. 16-4-3/5, Sri Ramnagar, Sai Baba Gudi Veedhi, Rajamahendravaram, East Godavari District.

¶631

...Petitioner

¶632

The State of Andhra Pradesh, represented by its Principal Secretary, (Medical) Health and Family Welfare, Department, Secretariat, Velagapudi, Guntur District.

¶633

Dr. N.T.R. University of Health and Sciences, Rep by its Registrar, Gundala, Vijayawada.

¶634

Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), Rep by its Secretary, 3rd floor,^Sree Mahendra Enclave, NRI Block, Tadeapalli, Guntur District.

¶635

The Union of India, Represented by its Secretary, Ministry^ofHealthand Family Welfare, Nirman Bhavan, New Delhi.

¶636

Directorate General of Health Services Rep by its Medical Counselling Committee, , P.G Medical/Dental Counselling (NEET), Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

¶637

The Medical Council of India, Rep by its Secretary, Pocket-14, Sector 8, Dwaraka Phase I, New Delhi.

¶638

Katuri Medical College and Hospital (KATR), Rep by its Principle, Guntur, Andhra Pradesh.

¶639

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, especially^{oneinthenatureof} Writ of Mandamus, declaring the action of the respondents Particularly

¶640

¶641

Respondent No.7 herein in not permitting the petitioner to admit/report and pay the fee for admission into P.G Medical course (GS-MS(General Surgery) for the Academic year 2020-21 under Competent .Authority Quota (Phase-1) Vide Web counselling dt 29-5-2020 to 31-5-2020 conducted by the 2nd respondent herein and inaction of the respondents no 1 to 6 herein in not taking any action against the respondent no 7 herein for not admitting the petitioner into the college as per the allotment letter, dt 31-5-2020, is Illegal, arbitrary, violative of Principles of Natural Justice, abuse of Executive power vested in the authorities, violation of Regulations and guidelines issued by the respondent no 1 to 6 herein from time to time contrary to the Medical Council of India Act, 1956, The NTR University Health Science Act, 1986 and Arts 14, 19 of the Constitution of India and consequentially direct the respondents not 1 to 6 to see that the respondent no 7 admit the petitioner and pay the fee for admission into P.G Medical course (GSMS(General Surgery) for the Academic year 2020-21 under Competent Authority Quota (Phase-1) (CQ) before the dead line, as per the 2nd respondent University.

¶642

lA NO: 1 OF 2020

¶643

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 7**^ respondent herein to permit the petitioner to admit/report and pay the fee for admission into P.G Medical course GSMS(General Surgery) for the Academic year 2020-21 under Competent Authority Quota (Phase-1) as per the allotment letter, dt. 30-5-2020 and time stipulation of the 2"^^ respondent University, pending d isposal of the above Writ Petition.

¶644

Counsel for the Petitioner: SRI T V JAGGI REDDY

¶645

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

¶646

¶647

Counsel for the Respondent No.3: SRI C.SUDESH ANAND

¶648

Counsel for the Respondent No.4: SRI S VIVEK CHANDRA SEKHAR

¶649

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, rn.meoi f B SC for Dr. NTR UNIVERSITY

¶650

WP(PIL) NO: 150 OF 2020

¶651

Between:

¶652

GunturThotasocal SureshWorker,District. Babu,R/o 26-44-165.S/o Rama Rao,7^ Line,aged NGO38 yearsColonyOcc-Gun^Journali<;taty /

¶653

...Petitioner

¶654

AND

¶655

°f. Andhra Pradesh,' Rep. by its Special Chief Secretary,

¶656

Fionr^R^^'K? Department, 5th block. Ground Floor, Room No.157, A.P Secretariat, Velagapudi, Guntur District.

¶657

NTR Health University, Rep. by Registrar, NTR University of Health Sciences, Ring Road, Vijayawada-520 008, Andhra PradLh.

¶658

°®Padment of Higher Education, Government

¶659

Offte No.267, A.P. Secretariat Office, Velagapudi, Guntur District.

¶660

Education Regulatory and Monitoring

¶661

Commission (APHER and MC) Higher Education Department, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block) NH-16 Tadeoalli Guntur District-522501, Andhra Pradesh. ' 'ndepalli,

¶662

Ind Fami'~a?f r °f Health and Family Welfare, Government of India, Picket-14 , Sector - 8 Dwarka Phase -1, New Delhi - 110077,

¶663

The Dental Council of India, Rep. by Secretary, Government of India Aiwan-E-Galib Marg, Kotia Road, Temple lane, 0pp. Mata Sundari College for Women, New Delhi-110002.

¶664

The Andhra Pradesh Private Medical and Dental Colleqes Siddhartih^M Secretary, Door No.60-1-2/2 Siddhartha Nagar, Vijayawada Urban, Krishna District, Andhra Pradesh.

¶665

...Respondents

¶666

¶667

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 7th respondent Association in not implementing the G.O.Ms No.56 dated 29.05.2020 issued by the Government of Andhra Pradesh, Medical, Health and Family Welfare Department to reduce the fee structure throughout the Andhra Pradesh more particularly P.G. Medical Seats for all specialties is highly illegal arbitrary, improper, unjust, principles of natural justice violation of Article 14 and 16 of the Constitution of India contrary to Act 5 of APHER and MC, Act and Rules, 1983 and consequently direct the 7' respondent Association to implementing the G.O.Ms.No.56 dated 29.05.2020 issued by the Government of Andhra Pradesh Medical, Health and Family Welfare Department to reduce the fee structure throughout the Andhra Pradesh more particularly P.G, Medical Seats for all specialties.

¶668

lA NO: 1 OF 2070

¶669

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct by way of interim direction to the respondents to implement the G.O.Ms.No.56 dated 29.05.2020 issued by the Government of Andhra Pradesh, Medical, Health and Family Welfare Department to reduce the fee Structure throughout the Andhra Pradesh more particularly P.G. Medical and Dental Seats for all specialties pending disposal of the Writ Petition (PIL).

¶670

lA NO: 2 OF 2090

¶671

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the respondents No.1 to 6 j to take stringent action by filing Criminal cases against the 7*^ respondent Association and its member colleges of PG Medical and Denta I colleges management for violating the

¶672

Act No.5 of 1983 and G.O.Ms.No. 56 issued by Respondent pending disposal of the Writ Petition (PIL).

¶673

lA NO: 3 OF 2020

¶674

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.1 to 6 to take steps for cancellation of recognition of PG Medical and Dental colleges in failing^to implement^the free structure vide G.O.Ms.No.56 dated 29.05.2020, who violating the Act No.5 of 1983 pending disposal of the Writ Petition (PIL).

¶675

Counsel for the Petitioners: SRI SRINIVASA RAO NARRA

¶676

Counsel for the Respondent No.1 and 3: GP FOR MEDICAL^HEALTH&

¶677

FAMILY WELFARE

¶678

Counsel for the Respondent No.4: SRI C.SUDESH ANAND

¶679

Counsel for the Respondents: SRI PASALA PONNA RAO,

¶680

DEPUTY SOLICITOR GENERAL OF INDIA

¶681

Counsel for the Respondent No.2: SMT T.V.SRIDEVI,

¶682

SC for Dr. NTR UNIVERSITY

¶683

Counsel for the Respondent No.5: SRI S VIVEK CHANDRA^SEKHAR

¶684

The Court made the following common order:

¶685

Bench Sr.Nos:SL-1 to 19 [3446]

¶686

IN THE HIGH COURT OF ANQHRA PRADESH AT AMARAVATI

¶687

APHC010158802020

¶688

WRIT PETITION NO: 9871 of 2020 ALONG WITH W.P. Nos.5696 and 5699 of 2022; W.P.Nos.9750. 9812. 9814, 9874. 9875. 9876. 9877, 10159. 10195, 10229. 10290, 10292. 10300. 10345 & 10371 of 2020 and W.P.fPIL) NO: 150 of 2020

¶689

WRIT PETITION NO: 9871 of 2020

¶690

Mother Theressa Educational Society and Others

¶691

...Petitioner(s)

¶692

Vs.

¶693

The State Of Ap and Others

¶694

...Respondent(s)

¶695

¶696

Advocate for Petitioner: Mr. Srinivasa Rao Narra, Mr. Challa Gunaranjan, Mr. Dharmesh D K Jaiswal, Mr. S.V.S.S.Sivaram

¶697

Advocates for Respondents; Learned Advocate General, Learned Deputy Solicitor General of India, Mr. C Sudesh Anand

¶698

CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO

¶699

DATE : 12^^ December, 2024. PER DHIRAJ SINGH THAKUR. CJ:

¶700

There are two sets of petitioners before us. One set of petitioners are the various private unaided minority and non-minority medical colleges and their associations, who challenge Government Order No. 56, dated 29.05.2020, issued by the Government of Andhra Pradesh, Medical, Health

¶701

¶702

HCJ & RRRj WP_9871_2020 & batch

¶703

and Family Welfare Department, which fixes the fee for postgraduate medical courses for the block period 2020-21 to 2022-23.

¶704

Second set of petitioners are the candidates who seek the enforcement of Government Order No. 56, fixing the fee for the PG courses in various medical colleges. WP(PIL) No. 150 of 2020 iIS filed seeking a similar relief.

¶705

LEGAL FRAMEWORK:

¶706

There is in force in the State of Andhra Pradesh an Act called the Andhra Pradesh Higher Education Reguiatory and Monitoring Commission Act, 2019 (hereinafter referred to as, “the Act of 2019”). The said Act, according to the preamble, was enacted "to establish the Andhra Pradesh Higher Education Regulatory and Monitoring Commission to maintain Standards of education, regulation of fee service condition of teachers and safeguard the interest of students and to ensure public spiritedness, equity. excellence, financial stability and probity along with good governance and for matters connected therewith or incidental thereto.”

¶707

The Act is meant to apply to all higher educational institutions including medical, dental, agriculture, horticulture and veterinary institutions in the State of Andhra Pradesh.

¶708

¶709

HCJ & RRRJ WP 9871 2020 & batch

¶710

The Commission is headed by a Chairperson, who is to^bearetired Judge of the High Court and other members, in terms^{ofSection4ofthe} said Act.

¶711

Chapter III deals with Powers and Functions of the^Commission. Section 9(ii), in particular, provides that the Commission shall have the power to monitor and regulate fee in higher educational institutions in accordance with the rules, guidelines and procedures^{prescribedforthat} purpose. 6. In exercise of the powers conferred under sub-section 1 of Section 23 of the Act of 2019, the rules called as the Andhra^Pradesh Higher Education Regulatory and Monitoring Commission Rules,²⁰¹⁹ (for short, “the Rules”) have been framed.

¶712

Rule 8 of the said Rules deals with the power of the^Commissionto call from each institution its proposed fee structure^well in advance along with the relevant documents and books of account for^scrutiny.

¶713

The Commission in terms of Rule 8(2) has the power^to decide whether the fee proposed by the institutions is justified^{anddoesnotamount} to profiteering or charging of capitation fee.

¶714

Rule 8(3) vests in the Commission the liberty to approve^oralterthe proposed fee for each course to be charged by the institution.^Theproviso.

¶715

¶716

HCJ & RRRj WP_9871_2020 & batch

¶717

however, envisages that it shall give the institution an opportunity of being heard before fixing any fee or fees. Rule 8(4) requires the Commission to take into consideration the following factors while prescribing the fee.

¶718

“(a) The location of the Higher Educational Institution,

¶719

(b) The nature of the course,

¶720

¶721

(d) The expenditure on administration and maintenance,

¶722

^^''Plus required for growth and development of the Higher Educational Institutions, (f) The revenue foregone on account of waiver of fee if any in belonging to the Scheduled K^usie, Scheduled Tribes and wherever applicable to the Socially and ^ucat/o/7a//y Backward Classes and other Economically Soc/efy, to such extent as shall be notified by the Government from time to time,

¶723

(g) Any other relevant factor. ”

¶724

The Rules further envisage that the Commission shall communicate the fee structure as determined by it to the Government for notification under Act 5 of 1983.

¶725

It has been further envisaged that the fee determined by the Commission shall be valid for a period of three years. Rule 8(7) envisages further that the fee so determined shall be applicable to a candidate who is admitted to an institution in that academic year and shall not be altered till the completion of his/her course in the institution in which he/she was originally admitted.

¶726

HCJ & RRRJ WP_9871_2020 & batch

¶727

Section 22 of the Act provides that the Commission^maymake regulations to carry out the provisions of this Act,^{withpriorapprovalofthe} Government. In exercise of the powers conferred by sub-section 1 of Section 22 of the Act of 2019, the Government approved^{theRegulations} called as the Andhra Pradesh Higher Education Regulatory^{andMonitoring} Commission Regulations, 2020 (for short, “the Regulations ).

¶728

The said Regulations were notified in the Andhra^{PradeshGazette} that the on 5’ ' of March 2020. Regulation 4 (4) inter alia envisages Commission shall have the power to request a higher^{educationalinstitution} to furnish information as may be necessary for enabling^{theCommissionto} regulate the conduct of admissions and/or to fix the^{feeinrespectofeach} course offered in the institution.

¶729

Regulation 5(5) envisages that the Commission shall decide whether the fees collected or proposed to be collected^{bytheinstitutions,} whatsoever under all heads including hostel and mess^{chargesisjustified} and does not amount to profiteering or charging of^{capitationfee.}

¶730

It further provides that the decision of the Commission^shallbefinal provided that such decision shall be taken only after^{givingareasonable} opportunity to the institution to represent its case.

¶731

For facility of reference, the relevant sub-regulations^{inRegulation5} are reproduced hereunder:

¶732

¶733

HCJ & RRRJ WP_9871_2020 & batch

¶734

fnln°r the fee proposal by the Institution the Inshtuhons shall submit audited statements o^^ and expenditure, balance sheets and particulars of mess facair'‘'‘''7 '"''astructure. hoslel & re^r„' information as the Commission may prescribe along with the necessary statements in mFf°ile7 Bank

¶735

tobeLaLZrtT’"'!, 'nftUMions have the tmtih,hens T ® f’xpnnditure of the Institutions as well as the societies/trusts under whose umbrella the said Institutions are established. (8) The Institutions shall submit all the required financial information as per the mercantile (accrual) system of accounting only.

¶736

(9) The Institution shall submit the required information such as the details of the fee collections income and expenditure statements, teaching and non-teaching staff salaries of all kinds, edministrative and other expenses statement of revenue grants received, utilization of amounts collected under the NRI quota, details of Term Deposits of the Institutions, details of the loans received from the Societies. Banks/Financial Institutions and loans received from other non-banking Financial Institutions, statements of corpus / capital fund, capital arant<i 7o7cToTa7"'^7' from any source on account of research projects and their Utilization details, legal expenditures, student result particulars and other Information. nnn Consider the expenditure on teaching and non-teaching staff, the cadre strength fixed by the ZTZeZZld. (12) In case of any infrastructure and/or services of any staff utilized for more than _ one programme, the expenditure on such infrastructure and/or staff shall be apportioned appropriately, based on students strength. among the different programmes. (19 The Institutions shall maintain details of student fee collection and utilization, salaries of teaching and non teac/7//7g staff, faculty details subject wise, plrticulars of infrastructure and other expenditure and furnish the same online to the Commission. ZnishZ aMelines ere not furnished or the financial statements furnished are found

¶737

¶738

HCJ & RRRJ WP 9871 _2020 & batch,

¶739

inaccurate, the financial statements shall not be considered for the fee proposals. (34) The fee approved by the Commission at any point in time shall be valid for a period of three years next,^and subsequent change in fees, if any, shall be applicable only in respect of new admissions.

¶740

(35) The Commission may recommend the fee in Private Aided or Unaided Higher Educational Institution for different professional programmes of study and different categories of students, having due regard to the guidelines, if any, notified by Regulatory Authorities from time to time. (36) (a). The principle of determining uniform fee structure for all students of Higher Education Institutions shall not come in the way of determining differential^fee structure to benefit the more meritorious sections of students admitted under the convener quota from that^of the Management and NRI quota; (b) The institution shall be at liberty to collect^thefeefor the Management quota seats up to two (2) times of the fee notified for the Convener quota of seats in order^to maintain quality of education by providing proper infrastructural and Instructional facilities and amenities.

¶741

The case of the petitioner colleges is that the^{AndhraPradesh} Higher Education Regulatory and Monitoring Commission (for short, “Commission - APHERMC”) invited private, unaided medical and dental institutions to submit their proposals for fee structure^{fortheblockperiod} 2020-21 to 2022-23 vide notification dated 09.01.2020.

¶742

The petitioner colleges responding to the said notification submitted the requisite material and data in support^{oftheproposalsforfee} structures in respect of the fee structures proposed by them. The Commission, it is stated, sent its recommendations^{totheGovernmentvide}

¶743

¶744

HCJ & RRRJ WP_9871_2020 & batch

¶745

letter dated 24.05.2020 and the Government subsequently notified the said recommendations vide the Government Order No.56. dated 29.05.2020, which is impugned in the present petitions.

¶746

The fee which has been fixed in the order impugned for postgraduate medical courses as also dental courses is as under;

¶747

For Post Graduate Medical Courses:

¶748

SI.No	Name of the [Course	Category-A Convener Quota	Category-B Management Quota	Category-C NRI/lnstitutional Quota
1	Clinical degree	Rs.4,32,000/-	Rs.8.64,000/-	Rs.50,00,000/-
2	Para clinical degree and diploma	Rs.1,35,000/-	Rs.2,70,000/-	Rs.15,00,000/-
3	Pre clinical degree	Rs.61,200/-	Rs.1,22,400/-	Rs.8,00,000/-

¶749

For Post Graduate Dental Courses:

¶750

SI.No	Name of the Course	Category-A Convener Quota	Category-B Management Quota	Category-C NRI/lnstitutional Quota
1	Clinical degree	Rs.2,97,000/- .	Rs.5,94,000/-	Rs.12,00,000/-
2	Para clinical degree and diploma	Rs.2,67,300/-	Rs.4,34,600/-	Rs.7,00,000/-

¶751

The petitioners who are running the medical colleges are aggrieved of the Government Order impugned inasmuch as they state that the data and material which was furnished by them to the Commission was not at all considered and was ignored. It was urged that fee had to be fixed

¶752

¶753

HCJ& RRRJ WP_9871_2020 & batch

¶754

college/institution and that uniform fee could never^havebeen qua every fixed as the same was never envisaged by the Act, the Rules and the Regulations. It was urged that the fee for a ‘Category-A^{ConvenerQuota} seat for the block period of three years from 2020-21^{to2022-23whichwas} less than the fee fixed for a ‘Category-A fixed at Rs.4,32,000/-, was even Convener Quota’ seat for the previous block period^{from2017-18to2019-20} which was Rs.6,90,000/-;

¶755

Learned counsel for the petitioner Colleges, Mr. Challa Gunaranjan, would submit that by fixing a uniform fee^{structureforallthe} medical colleges across the board, the Commission has^{notonlyviolatedthe} provisions of the Act, the Rules and the Regulations^{framedundertheAct,} but also acted in gross violation of the Apex Court^{judgmentrenderedinthe} case of T.M.A. Pai Foundation v. State of Karnataka,^^wherein the majority judgment observed that fixation of a rigid^{feestructurewouldbean} unacceptable restriction.

¶756

It is stated that as per the said judgment, the^{decisiontofixthefee} ought to have necessarily been left to a private education institution which was not seeking any aid from the Government.

¶757

It was urged that if the right to fix the fee was^{takenawayfromthe} the colleges, it would grossly affect the petitioners who are running standards of their institutions inasmuch as lowering^{ofthefeechargeable} (2002) 8 see 481

¶758

¶759

HCJ & RRRJ WP_9871_2020 & batch

¶760

from the candidates would result in payment of lesser scales of fee to the faculty, which would have the effect of a brain drain from the institutions run by the petitioners.

¶761

It was stated that while the right to propose the fee was vested in the petitioners, the official respondents clearly could question the fee proposed, in case, it was found on the basis of data that there was any ©lement in the fee structure proposed by them, which would amount to profiteering. 20. Learned Advocate General appearing for the State at the very outset stated that the legal position as propounded by the learned counsel for the petitioner colleges is unquestionable and that the fee had to be fixed on the basis of the data provided by the colleges. Yet an effort was made by the Learned Advocate General to suggest that perhaps the fixation of fee, i n accordance with the ratio of the Apex Court judgments rendered in the case of T.M.A. Pai Foundation (supra) and P.A. Inamdar v. State of Maharashtra, ^ as also the Act, the Rules and the Regulations framed thereunder could be followed for the next block period 2023 to 2026, and that perhaps if the candidates who are either undergoing the courses or have already finished the courses could agree to paying some extra amount in addition to the one which was fixed by the Commission, the matter could perhaps be settled without going into the evaluation of the data individually produced by the colleges.

¶762

2 (2005) 6 see 537

¶763

¶764

HCJ & RRRJ WP 9871 2020 & batch -

¶765

Learned counsel for the candidates, Mr. Dharmesh^DKJaiswal, however submitted that he would have to take time to seek instructions^from the candidates on the suggestion made by the Learned^{AdvocateGeneral.}

¶766

We, however, feel that it may not be absolutely^necessary to proceed on the suggestion made by the Learned Advocate General, inasmuch as we have to consider whether the procedure^adopted by APHERMC was in accordance with the Act, the Rules and^{theRegulations} framed.

¶767

We have heard learned counsel for the parties at^length.

¶768

It is not denied by any of the respondents that^{theCommissionin} fixing a uniform rate of fee across the board for all^{institutionshas} in fact violated not only the directions of the Apex Court^{butalsotheentirescheme} which was framed under the Act and the Rules and the^{Regulations.The} scheme as it is applicable in the State of Andhra Pradesh^{byvirtueofthe} application of the Rules and the Regulations supra^{wouldclearlyshowthat} the Commission was required to, based upon the data^{producedbyeachof} those institutions, determine whether there was any^{elementofprofiteering} in the fee structure so proposed by them.

¶769

It is not understandable that even when the Commission had invited from all the institutions, the requisite data^{withregardtovarious} aspects pertaining to fee regulation in the form of^{Schedules1to31andthe}

¶770

¶771

HCJ & RRRJ WP_9871_2020 & batch

¶772

said information was provided by the institutions, yet nothing is put forth for our perusal as to how the said data was treated by the Commission, It appears that the Commission had adopted some sort of a thumb rule even when each of the individual institutions had put forth for the perusal of the Commission the material justifying their fee proposals.

¶773

In fact, the uniform fee fixed by the Commission - APHERMC, may also be contrary to the interest of some students who may be forced to pay more fee to certain colleges, which did not even justify charging the fee that was fixed by Commission. There may still be colleges who may still be profiteering from the fee fixed by the Commission, as we do not know whether the uniform fee fixed by the Commission and applicable to such category of colleges actually deserve to charge that fee on account of lack of infrastructure, lack of good faculty, etc.

¶774

On the other hand, there may be colleges, which may justify charging a higher fee on account of better infrastructure, better faculty, equipment, etc. Unfortunately, these issues appeared never to have been gone into by the Commission - APHERMC.

¶775

It would be worthwhile to reproduce the observations made by the Apex Court in T.M.A. Pai Foundation (supra), wherein at paragraphs 54 and 56, it was held;

¶776

“54. The right to establish an educational institution can be regulated; but such regulatory measures must,

¶777

13 HCJ & RRR'J WP 9871_2020 & batch

¶778

in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration by those in charge of management. The fixing of a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions.

¶779

An educational institution is established for the purpose of imparting education of the type made available by the institution. Different courses of^study are usually taught by teachers who have to be recruited as per qualifications that may be prescribed. It is no secret that better working conditions will attract better teachers. More amenities will ensure that better students seek admission to that institution. One cannot lose sight of the fact that providing good amenities to the students in the form of competent teaching faculty and other infrastructure costs money. It has, therefore, to be left to the institution, if it chooses not to seek any aid from the Government, to determine the scale of fee that it can charge from^the students. One also cannot lose sight of the fact that we live in a competitive world today, where professional education is in demand. We have been to understand that a large number of given professional and other institutions have been started by private parties who do not seek any governmental aid. In a sense, a prospective student has various options open to him/her where, therefore, normally economic forces have a role to play. The decision on the fee to be charged must necessarily be left to the private educational institution that does not seek^oris not dependent upon any funds from the Government.

¶780

While holding so. the Apex Court further went on^{toholdthatsince} education was regarded as a charitable occupation,^{educationinstitutions} could not be permitted to charge a fee which amounts^{toprofiteering.} It was

¶781

held;

¶782

HCJ & RRRJ WP_9871 2020 & batch

¶783

"57. ...Since the object of setting up an educational institution is by definition “charitable”, it is clear^that an educational institution cannot charge such a fee as is not required for the purpose of fulfilling that object. To put it differently, in the establishment^of an educational institution, the object should not be to make a profit, inasmuch as education is essentially charitable In nature. There can, however, be a reasonable revenue surplus, which may be generated by the educational institution for the purpose of development of education and expansion of the institution. ”

¶784

The Apex Court in P.A. Inamdar (supra) sounded a note of caution to the Committees, which were directed to be constituted in terms of the judgment of the Apex Court in Islamic Academy of^{Educationv.State} of Karnataka,^ in the following manner;

¶785

“149. However, we would like to sound a note of caution to such Committees. The learned counsel appearing for the petitioners have severely criticised the functioning of some of the Committees so constituted. It was pointed out by citing concrete examples that some of the Committees have indulged in assuming such powers and performing such functions as were never given or intended to be given to them by Islamic Academy [(2003) 6 SCC 697] . Certain decisions of some of the Committees were subjected to serious criticism by pointing out that^the fee structure approved by them was abysmally low which has rendered the functioning of the institutions almost impossible or made the Institutions run Into losses. In some of the institutions, the teachers have left their jobs and migrated to other institutions^as it was not possible for the management to retain talented and highly qualified teachers against the salary permitted by the Committees. Retired High Court Judges heading the Committees are assisted by experts in accounts and management. They also have the benefit of hearing the contending parties. We expect the Committees, so long as they remain

¶786

3 (2003) 6 SCC 697

¶787

¶788

HCJ & RR-RJ WP_9871_2020 & batch

¶789

functional, to be more sensitive and to act rationally and reasonably with due regard for realities. They should refrain from generalising fee structures and, where needed, should go into accounts, schemes, plans and budgets of an individual institution for the purpose of finding out what would be an ideal and reasonable fee structure for that institution. ”

¶790

To our mind, the responsibility which lies upon^{theCommissionto} consider the fee proposals, with a view to remove any element of profiteering is an onerous responsibility. A balance has to be maintained to ensure that the fee structure which is proposed by the institutions is not interfered with on general considerations of compassion for the students, inasmuch as an unqualified compassion for students may result in greater harm to the institutions, which might be affected in terms of quality, efficiency and productivity. An abysmally low fee structure or a fee structure tinkered by the Commission, which is unrealistic, will only ensure that the institutions involved in specialized professional courses would face closure sooner than later.

¶791

In fact, there is no justification for the Commission not to go into all the elements of the proposed fee structure and test them on the basis of the criteria which has been fixed according to the Rules and Regulations as they have the wherewithal and assistance of the requisite professional chartered accountants to guide them on that aspect.

¶792

We need to mention here that after the Commission had fixed the uniform fee, which was made applicable to all institutions across the board,

¶793

¶794

HCJ & RRRJ WP_9871_2020 & batch

¶795

the institutions had decided to not make any admissions to the PG courses run by them. It then appears that there was an out-of-court arrangement between the institutions as also the candidates, whereby it was decided that each candidate would pay approximately 45,000 per year during the block period in addition to the fee which had been fixed by the Commission. Not only this, it also appears that the candidates had undertaken that they would abide by the decision of the Court in the batch of petitions, which were pending. The aforementioned agreement was also recorded by this Court in its order, dated 9'^ of July, 2020.

¶796

Be that as it may, we hold that G.O.Ms.No.56, dated 29.05.2020 issued by the Health Medical and Family Welfare (C1) Department ISi; unsustainable in law. The same is accordingly set aside. The commission iIS directed to undertake the exercise of fee fixation to examine the proposed fee structures individually in all the cases and pass orders thereupon within a period of two (2) months. In case the Commission wishes to disagree with the fee proposed in regard to any head, an opportunity would be given to the concerned institution to seek its view on the same before final orders are passed, which should be reasoned.

¶797

¶798

We make it clear that in case the Commission increases the fee structure of any of the colleges, the same would entitle such of the petitioner colleges to claim the balance fee from the candidates who are either undergoing the course or have even completed the courses, as per the

¶799

¶800

HCJ & RRRJ. WP 9871 2020 & batch

¶801

/ /■

¶802

undertakings submitted by them. However, we leave the^{collegesfreeto}

¶803

decide whether they would proceed to claim such additional^fee.

¶804

The petitions are disposed of accordingly. No order^astocosts.

¶805

Pending miscellaneous applications, if any, shall stand^closed.

¶806

SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR

¶807

//TRUE COPY//

¶808

SECTION OFFICER

¶809

To, 1 The Special Chief Secretary, Health, Medical and^{FamilyWelfare} Department, State of Andhra Pradesh, 5'" block. Ground^Floor,Room No. 157, A.P Secretariat, Velagapudi, Guntur District.

¶810

2 The Special Chief Secretary to Government. Health,^Medicaland Family Welfare (Cl) Department, State of Andhra Pradesh

¶811

Secretariat, Vijayawada - 522238.

¶812

The Registrar, NTR Health University, NTR University^ofHealth Sciences, Ring Road, Vijayawada-520 008, Andhra Pradesh.

¶813

4 The Principal Secretary, Department of Higher Education,^Government of Andhra Pradesh, Block, 1"' Floor, Room No.267, A.P.^Secretariat Office, Velagapudi, Guntur District.

¶814

The Principal Secretary, (Medical) Health and Family^Welfare, Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.

¶815

6 The Secretary, AP Higher Education Regulatory and^Monitoring Commission (APHER and MC) Higher Education Department,^3rd Floor, Sree Mahendra Enclave, NRl Block (C-Block), NH-16,^Tadepalli, Guntur District-522501. Andhra Pradesh.

¶816

7 The Secretary, Medical Council of India, Ministry^{ofHealthandFamily} Welfare, Government of India, Picket-14 , Sector - 8, Dwarka^Phase-1, New Delhi - 110077,

¶817

8 The Secretary, Dental Council of India, Government^{ofIndia,Aiwan-E-} Galib Marg, Kotia Road, Temple lane, Opp. Mata Sundari^Collegefor Women, New Delhi-110002.

¶818

The Secretary, Andhra Pradesh Private Medical and^{DentalColleges} Management's Association, Door No.60-1-2/2, Siddhartha^Nagar, Vijayawada Urban, Krishna District, Andhra Pradesh.

¶819

¶820

The Secretary, Union of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

¶821

The Medical Counselling Committee, Directorate General of Health Services, P.G Medical/Denta! Counselling (MEET), Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

¶822

The General Secretary, Medical Council of India, Pocket-14 Sector 8, Dwaraka Phase I, New Delhi.

¶823

The President, National Medical Commission, Pocket- 14 Sector - 8, Dwarka Phase -1 New Delhi -110077, India.

¶824

The Principal, Katuri Medical College and Hospital (KATR) Guntur, Andhra Pradesh.

¶825

The Principal, SANTHIRAM MEDICAL COLLEGE & GENERAL HOSPITAL, NH-18, Nandyal, Kurnoot District, Andhra Pradesh-518501.

¶826

The Principal, GSL MEDICAL COLLEGE AND GENERAL HOSPITAL, at Rajamundry NH-16, Lakshmi Puram, Raiahmundry Andhra Pradesh-533296.

¶827

The Principal, PES INSTITUTE OF MEDICAL SCIENCES and RESEARCH, at Kuppam NH-219, Kuppam, Andhra Pradesh-517425.

¶828

Dr. PINNAMANENI SIDHARTHA INSTITUTE MEDICAL SCIENCES AND RESEARCH FOUNDATION, Chinna Autapalli Vijayawada-521286.

¶829

The Principal, ALLURI SEETHARAMARAJU ACADEMY OF MEDICAL SCIENCES (ASRA), at Eluru, West Godavari District Andhra Pradesh-534005.

¶830

The Principal, GREAT EASTERN MEDICAL SCHOOL and No.3-51, Rajolu, Srikakulam District, Andhra Pradesh, 532484. ’

¶831

The Principal, NRI ACADEMY of SCIENCES, ChinnakakaniMangalagiri Mandal, Guntur District, Andhra Pradesh, 522503.

¶832

¶833

The Principal, NRI INSTITUTE OF SCIENCES, Sangivalasa

¶834

Bheemunipatnam Taluq, Vishakapatnam, 531162.

¶835

The MAHARAJA INSTITUTE of MEDICAL SCIENCE, at Vizianagaram, 31-15, Nellimarla, near MDO Office, Vizianaqaram Andhra Pradesh - 535217.

¶836

¶837

¶838

One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] One CC to Sri T V Jaggi Reddy, Advocate [OPUC]

¶839

¶840

One CC to Sri Zeeshan Adnan Mahmmood, Advocate [OPUC] 27. One CC to Sri V.Ramchander Goud, Advocate [OPUC] 28. One CC to Sri Dharmesh D.K.Jaiswal, Advocate [OPUC] 29. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India [OPUC

¶841

One CC to Smt T.V.Sridevi, SC for Dr. NTR University [OPUC] 31. One CC to Sri C.Sudesh Anand, Advocate [OPUC] 32. One CC to Sri S.V.S.S.Siva Ram, Advocate [OPUC] 33. One CC to Sri J C Francis, Advocate [OPUC] 34. One CC to Sri J Sudheer, Advocate [OPUC]

¶842