M/s. Sri Venkata Sai D.Ed College Vs The State of Andhra Pradesh

M/S. SRI VENKATA SAI D.ED COLLEGE, PERNAMITTA VILLAGE, ONGOLE PRAKASAM DISTRICT, AP REPRESENTED BY ITS PRESIDENT, M. SANJEEVAREDDY , S/O MR. BALA KOTIREDDY

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...PETITIONER

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THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, IBRAHIMPATNAM, VIJAYAWADA, AMARAVATHI, A.P.

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THE STATE COUNCIL FOR EDUCATION RESEARCH AND TRAINING SCERT, REP. BY ITS DIRECTOR, IBRAHIMPATNAM, VIJAYAWADA, AMARAVATHI, A.P. ...RESPONDENT(S):

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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 any appropriate writ, order or direction, one more particularly in the nature of writ of writ of Mandamus to declare the order in G.O.Ms.No.3, School Education (Prog.Il) Department, dt.11.01.2018, to the extent of collection of affiliation fees for renewal of affiliation for four years for the existing colleges with an annual intake of more than 100 students i.e., 150/200 students, issued by the 1st respondent, as illegal, arbitrary, violative of Article 14, 19(1)(g), against Rule of Law, discriminatory, violative cf principles of natural justice and set aside the same, consequently direct the respondents to collect the

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affiliation fees from the petitioner for renewal of affiliation for four years for the petitioner existing college, as per G.O.Ms. No.18, School Education (PE-Prog.II) Department dt.14.05.2014, from the Academic Year 2018-19 to 2021-22 and to pass

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IA NO: 1 OF 2018

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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 to collect affiliation fees for renewal of affiliation for four years for the petitioner existing institution as per G.O.Ms. No.18, School Education (PE-Prog.II) Department dt.14.05.2014, issued by the 1st respondent, from the Academic Year 2018-19 to 2021-22 pending disposal of the writ petition, and pass

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IA NO: 2 OF 2018

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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 vacate the Interim orders granted, in I.A.N0.1An W.P.No.11165 of 2018, dated 4.4.2018 Ad to pass

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Counsel for the Petitioner:

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1.B CHANDRASEN REDDY

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION (AP)

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The Court made the following:

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O R D E R

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This Writ Petition is filed seeking the following reliefs:

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“…to issue any appropriate writ, order or direction, one more particularly in the nature of writ or writ of Mandamus to declare the order in G.O.Ms.No.3, School Education (Prog.II) Department, dated 11.01.2018 to the extent of collection of affiliation fees for renewal of affiliation for four years for the existing colleges with an annual intake of more than 100 students i.e. 150/200 students, issued by 1^st respondent as illegal and arbitrary and set-aside the same and consequently, direct the respondents to collect the affiliation fees from the petitioner for renewal of affiliation for four years for the petitioner existing college as per G.O.Ms.No.18, School Education (PE-Prog.II) Department, dated 14.05.2014 from the Academic Year 2018-19 to 2021-22 and to pass such other order or orders…”

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Contents of the affidavit filed in support of the Writ Petition, in brief, are that, the petitioner-College is running a D.Ed. Course under the Management of M/s. Sri Venkata Sai Educational Development Society, having a total number of 150 students; that the petitioner-College obtained required recognition from NCTE and 3^rd respondent issued affiliation from time to time to the petitioner and it is valid till the Academic Year 2017-18; that as per the orders issued in G.O.Ms.No.18, School Education (Prog.II) Department, dated 14.05.2014, 3^rd respondent collected affiliation fee at Rs.75,000/- for the first year for an intake of 50 students and an amount of Rs.1,00,000/- for renewal of affiliation for four years to the existing colleges.

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(b) While so, 1^st respondent issued G.O.Ms.No.3, School Education (Prog.II) Department, dated 11.01.2018, whereunder all private D.Ed., Colleges have to pay affiliation fee at different rates for fresh/additional intake/renewal of affiliation depending on the number of students that were admitted into the D.Ed., College, which is illegal and arbitrary. Though there are no prescribed rules for fixation of affiliation fees, the affiliation fees has to be fixed course wise, but not on the number of intake students. Hence, the Writ Petition.

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As there was no representation on behalf of the petitioner, the case underwent several adjournments. In view of the said reason, the Writ Petition was posted under the caption ‘For Dismissal’. Though, the matter has been posted under the caption ‘For Dismissal’ also, there is no representation on behalf of the petitioner.

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Learned Assistant Government Pleader for Higher Education, on instructions, submitted that during the surprise visit of the Departmental Higher Officials to petitioner-Institution, they found that the Private D.Ed. College was not operational at the specific premises. Thereafter, a show-cause notice was issued to the Management. The Management of petitioner-College vide Letter, dated 16.11.2020 submitted reply stating that the

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Management resolved to close the institution due to lack of D.Ed. students and unable to run the college. They further requested the withdrawal of recognition/affiliation stating that the petitionerCollege building had already been demolished.

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