This High Court dismissed a writ petition filed by a student challenging fee hikes for MBA/MCA courses in private un-aided institutions and the threat to withhold examination forms. The court held the cause of action did not survive.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
132521
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE ELEVENTH DAY OFDECEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE MRSJUSTICESUREPALLI NANDA
WRIT PETITIO N NO: 34540OF 2014
Between:
R. Swathi, D/o. R. Rayamallu,Age 21 Yrs, Occ Student, Fi/o. 3-269, Mancherial, Adilabad Dist.
...PETITIONER
AND
Petition under Article 226 ofthe constitution of lndia prayingthat in the circumstances stated inthe affidavit filedtherewith, the High court may be pleased to issue a Writ, Order or directionmore particularlyone in the natureof Writ of Mandamus declaringthe action of the Respondents1 to 3 in hiking the fee structure including thead-hocfee and special fee for MBA / MCAcoursesin private Un-aided lnstitutions in the statefor the academicyears2013-14,2O14- iS and 2015-16, the RespondentNo. 4 in threatening the studentsto clear the increased ad-hoc and specialfee before the paymentof the examination fee (last date for examination feewith Rs 200/- fine is 17.1 1.2014) otherwiseexternal examination forms will notbe forwardedto the university as illegal, unjust and unfair, contrary to theRule of Law and also violativeof Article 14,21of Constitution of lndia. Consequently,suspendthe G.O. Ms No 32 Higher Education Department(ECtA2) Department, Dated- 22.05.2014 in the interestof justice.
l.A. NO: 1OF 2O14(WPMP. NO:43198 oF 2014)
Petition under Section'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondent No.4 to forward the external examination forms of the students those who have paid the examination fee (without increased ad-hoc and special fee) to the university in the interest ofjustice.
Counsel for the Petitioner: SRI D.V. RAO
Counsel for the Respondent No.1 & 3: GP FOR HIGHER EDUCATION
Counsel forthe Respondent No.2: SRI C. SUDESH ANANO
Counsel forthe Respondents No.4: SRI S. BALCHAND
The Court made the following: ORDER
WRIT PETITION No.34540 0F 2014
t I
HON'BLE MRS. JUSTICE SUREPALLI NANDA
ORDER
The petitioner approached this Court seeking
prayer as under:
"to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1 to 3in hiking the fee structure including the ad-hoc fee and special fee for MBA / MCA courses inprivate Unaided Institutions in the state for theacademic years 2Ol3-14, 2014-L5 and 2015-16 the Respondent No.4 in threatening the students to clear the increased ad-hoc and special fee before the payment of the examination fee(last datefor examination fee with Rs.200/- fine is 17.11.2014) otherwise external examination formswill not be forwarded to the university as illegal, unjustand unfair, contrary to the Rule of Law andalso violative of Article L4,2L of Constitution ofIndia. Consequently, suspend the G.O.Ms.No.32Higher Education Department(ECIA2) Department,Dated 22.05.20t4 in the interest ofjustice andpass such other order or orders may deem fit andproper in the circumstances of the case."
2. Learned counsel appearing on behalf of therespondents
brings to the notice of this Court that thecause ofaction in the present writpetition doesnot survive for adjudicationany more.
2
i--:t!l
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
\
SD/. N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// D---' SECTION OFFICER
To,
$
I
HIGH COURT
DATED:1111212023
ORDER
WP.No.34540 of 2014
g 51416:
1
(
,q
O [ 3 J[u ?[?4 ),o
,=
t DES PArc :i(l
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
)3
2 issues framed by the court
Whether the writ petition challenging fee hikes in private un-aided institutions has survived for adjudication.
Whether the threat not to forward examination forms without payment of increased fees is unlawful.
2 provisions across 1 enactments
R. Swathi
State of Andhra Pradesh
Secretary, Admission & Fee Regulatory Committee, Hyderabad
Commissioner of Technical Education, Andhra Pradesh
Director, Pragathi Maha Vidyalaya PG College, Hyderabad
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
