K G Prasada Rao - Anr. College of Education… — Writ and Judicial Review

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APHC010410102025

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

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TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 20991 OF 2025

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Between:

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K G PRASADA RAO - ANR COLLEGE OF EDUCATION, (B.Ed AND M.Ed) Institution Code ANRG Bhushanagulla Village, VZA Road, Gudivada (post AND Taluk), Krishna District. 521301. Andhra Pradesh, Rep by its.. Secretary and Correspondent, Sri. K.S.Appa Rao, S/o. Nageswara Rao, Aged about 73 years.

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...Petitioner

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AND

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THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, Higher Education Department, 1ST Floor, IVth Block, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

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The Andhra Pradesh Higher Education Regulatory and Monitoring Commission, , Government of Andhra Pradesh, Rep by its.. Member Secretary, 3RD Floor, Sree Mahendra Enclave, NRI Block, C-Block- NH16 -Tadepalli - Guntur District - 522501. 3. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep., by its Secretary, Niladri Towers, 6th Battalion Road, Mangalagiri, Guntur District, Andhra Pradesh.

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The Convenor, A. P. Ed. CET-2025 Admissions, 3rd 4th 5th floors, Neeladri Towers, Sri Ram Nagar, 6TH Battalion Road, Atmakur Village, Mangalagiri Mandal, Guntur District

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Krishna University, Rep by its Registrar Krishna University, Machilipatanam, Krishna District, Andhra Pradesh 521001.

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...Respondents

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SRK, J W.P.No.20991 of 2025

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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 an appropriate writ order or more particularly one in the nature of WRIT OF MANDAMUS (A), declaring the action of the 2ND Respondent, Regulatory Commission in not determining the fee structure for the block period 2025-26 to 2026-27 for B.Ed and M.Ed., courses being offered by the Petitioner Institution on the ground that the Petitioner did not pay the on time processing fee and submitted the data as notified by the 2ND Respondent despite acknowledging the representations made by the Petitioner on 3007-2025 as being arbitrary illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A P Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fee) Act 1983 and the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act and Rules Regulations framed therein and consequently direct the (B). 2ND Respondents to determine and notify the fee structure for the Petitioner institution and (C). 3RD and 5TH Respondents to permit the Petitioner to submit the applications and upload the documents physically in terms of the representation dated 30.07.2025 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.

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Counsel for the Petitioner: THOMMANDURU V SARADHI Counsel for the Respondents: GP FOR HIGHER EDUCATION Counsel for the Respondents:VIVEKANANDA VIRUPAKSHA Counsel for the Respondents:B SUDHAKAR KUMAR SC For KRISHNA UNIVERSITY,MTM

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SRK, J W.P.No.20991 of 2025

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The Court made the following ORDER:

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The present Writ Petition has been filed seeking the following relief.

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“to issue an appropriate writ order or more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2^nd respondent Regulatory Commission in not determining the fee structure for the block period 2025-26 to 2026-27 for B.Ed and M.Ed., Courses being offered by the petitioner Institution on the ground that the petitioner did not pay the on time processing fee and submitted the data as notified by 2^nd respondent despite acknowledging the representations made by the petitioner on 30.07.2025 as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of the AP Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fee) Act, 1983, and the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act and Rules Regulations framed therein and consequently direct 2^nd respondents to determine and notify the fee structure for the petitioner institution and 3^rd and 5^th respondents to permit the petitioner to submit the applications and upload the documents physically in terms of the representation dated 30.07.2025”

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SRK, J W.P.No.20991 of 2025

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This Court, on 07.08.2025, passed the following interim order.

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“Heard learned counsel for the petitioner and learned counsel for the respondents.

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During hearing, learned counsel for the petitioner and learned counsel appearing for the respondents would submit that in similar set of circumstances, this Court passed an order in WP No.15088 of 2024, dated 22.07.2024 and requested this Court to issue similar directions in this Writ Petition also.

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In view of the specific request made by learned counsel for the petitioner and learned counsel for the respondents, and for the reasons recorded therein, there shall be a similar order passed in WP No.15088 of 2024 dated 2.07.2024 in this case also, which is as follows:

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i. The petitioner(s)/college(s) is/are directed to furnish all the data as required by the Commission for fixing the fee for the block period 2025-26 to 2026-27 along with representation (if not submitted) by paying the processing fee with penalty as suggested in the notification within a period of one week from today.

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ii. On receipt of the same, the Commission is directed to process the representation of the petitioner(s), immediately on or before commencement of the upcoming counseling.

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SRK, J W.P.No.20991 of 2025

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iii. The State and the Commission are directed to receive the relevant data submitted by the petitioner(s)/college(s) as per the notification and the Commission shall tentatively fix the fee that can be collected by the college(s), for the courses offered, on par with the minimum fee that is being fixed in the colleges in the State and recommend the same to the State Government in five days.

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iv. The said minimum fee fixed, shall be treated as a tentative fee and the correct fee would be fixed by the Commission after due processing of the data submitted by the college.

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v. After receiving the request from the Commission, the State Government shall display the petitioner(s)/college(s) in the list of colleges at official website for participating in the upcoming web counselling in various courses for the present Academic Year 2024-25.

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vi. The State Government shall caution the students, taking admission into the courses offered by the college, by informing the students that the fee shown in the admission process, which is being collected initially, is a tentative fee and shall be subject to further change depending upon the final fee that would be fixed by the Commission.

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vii. The Commission may also consider early fixation of the final fee that can be collected by the college for the block period 2024-25 to 2025-26.

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List the matter after four (4) weeks.”

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SRK, J W.P.No.20991 of 2025

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Today, when the matter came up for hearing, learned counsel appearing on behalf of the petitioner submits that, in view of the said interim orders passed by this Court, no further orders are necessary to be passed in the present Writ Petition.

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