Mahatma Gandhi Degree College Vs The State… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Mahatma Gandhi Degree College Vs The State… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Withdrawal permitted with liberty to file a fresh Writ Petition; no order as to costs.

Issue for consideration

Whether the respondents' failure to determine and notify the tuition fee for the petitioner institution for the block period 2025-26, despite statutory permission having been granted, is arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India, the A.P. Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fee) Act 1983 and the Andhra Pradesh Higher Education Monitoring and Regulatory Commission Act, and whether the respondents should be directed to determine and notify the fee structure (issue raised by the petitioner; not adjudicated, as the petition was permitted to be withdrawn).

Ratio / Principle

Permission accorded to learned counsel for the petitioner to withdraw the Writ Petition with liberty to file a fresh Writ Petition; accordingly the Writ Petition is dismissed as withdrawn, with no order as to costs.

Key takeaways

As a sequel, Miscellaneous Petitions, if any pending in the Writ Petition, shall stand closed.ratio¶32

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati), Single Judge (Justice K. Sreenivasa Reddy), Writ Petition No. 23000/2025, decided 10.09.2025: Mahatma Gandhi Degree College (rep. by its Correspondent Sri Peruri Somaraju) v. The State of Andhra Pradesh and The Andhra Pradesh Higher Education Regulatory and Monitoring Commission. The petition, under Article 226 of the Constitution of India, sought a writ of mandamus declaring the respondents' action in not determining and not notifying the petitioner institution's tuition fee for the block period 2025-26, despite grant of statutory permission, as arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India, the A.P. Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fee) Act 1983 and the Andhra Pradesh Higher Education Monitoring and Regulatory Commission Act, and sought a direction to determine and notify the fee structure. Interim applications under Section 151 CPC (IA Nos. 1 and 2 of 2025) sought an interim fee-determination direction and suspension of the impugned GO Ms No. 24 dated 14-07-2023. Learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to file a fresh writ petition; permission was accorded and the writ petition was dismissed as withdrawn with such liberty, with no order as to costs; pending miscellaneous petitions stood closed. No issue was adjudicated on merits.

APHC010453012025

[3327]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDA Y , THE TENTH DAY OF SEPTEMBER TWO T H OUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23000/2025

Between:

MAHATMA GAND H I DEGREE COLLEGE, REP BY ITS CORRESPONDENT SRI. PERURI SOMARAJU ATRE Y APURAM MANDAL KONASEE M A DISTRICT, ANDHRA PRADESH.

...PETITIONER

AND

THE STATE OF A N DHRA PRADESH, REP BY ITS P RINCIPAL SECRETARY TO G OVERNMENT DEPARTMENT OF HIGHER EDUCATION, TULL U RU, SECRETARIAT BUILDINGS VEL A GAPUDI, GUNTUR DISTRICT.

THE ANDHRA PRADESH HIGHER EDUCATION REGULA T ORY AND MONITORING CO M MISSION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS MEMBER-SECRETARY 3RD FLO O R, SREE MAHENDRAENCLAVE, NRI BLOCK (C-BLOCK). NH-16, T A DEPALLI, GUNTUR DISTRICT - 522501

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India prayin g that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appro p riate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not determining and n otifying the tuition fee to the Petitione r institution for the block period 2025-26, despite granting of statutory per m ission from the competent authoritie s , as being arbitrary, illegal and violati v e of Articles 14 and 19 of the Constitu t ion of India and violative of A.P. Educ a tional Institutions (Regulations of Admi s sions and

2

Prohibition of Capitation Fee) Act 1983 and the Andhra Pradesh Higher Education Monitoring and Regulatory Commission Act and Rules, Regulations framed therein and consequently direct the Respondents to determine the fee structure for the Petitioner institution and notify the same and issue

IA NO: 1 OF 2025

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 determine the fee structure for the PetitionerInstitution for the block period 2025-26, pending disposal of the Writ Petition, in the interest of justice and pas

IA NO: 2 OF 2025

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 impugned GO vide GO Ms No. 24 Dated 14-07-2023, pending Writ Petition, in the interest of justice and pass

Counsel for the Petitioner:

1.SRI VIJAY MATHUKUMILLI

Counsel for the Respondent(S):

1.GP FOR HIGHER EDUCATION

2.VIVEKANANDA VIRUPAKSHA

3

The Court made the following order:

Sri Mathukumilli Srivijay, learned counsel for the petitioner, seeks permission to withdraw the Writ Petition with a liberty to file a fresh Writ Petition.

Permission is accorded.

Accordingly, the Writ Petition is dismissed as withdrawn, granting liberty to the petitioner to file a fresh Writ Petition. There shall be no order as to costs.

As a sequel, Miscellaneous Petitions, if any pending in the Writ Petition, shall stand closed.

_____________________________ JUSTICE K. SREENIVASA REDDY

Date: 10.09.2025

MP

4

54

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 23000/2025

Dated:10.09.2025

MP