1 APHC010120922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6502/2025 Between: Centurion Private University, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PILLUTLA SAI AVINASH Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in refusing to add this petitioner college in G.O.Ms.No.l41 dated 31.08.2023 and in receive the processing charge from the petitioner to fix the fee for the block period 2024-25 as illegal and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the 2nd respondent to receive the processing fee from the petitioner, fix fee and forward its recommendations to the 1st respondent to issue a government order for the block period 2023- 24 to 2025-26 on par with the other institutions 2 mentioned in Health Medical And Family Welfare (C2) Department G.O.RT.No.552 Dated 03.09.2024, and permit the petitioner to participate in the counselling for the academic year 2024-25 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case, and consequently stay of all further proceedings by the respondent authorities and allow us to submit the data as we have paid the processing fee with penalty and continue our college to run the para medical programs for the block of the year 2024-2027, in my favour pending disposal of the above Writ Petition and to pass....” 2. Heard both the learned counsel. 3. The 2nd respondent issued notification No.1/ADMN/APHERMC/2023, dated 16.11.2023, which was extended from time to time for submission of fee proposals, which ended on 23.12.2023. Due to the situation being overlooked, the petitioner paid the processing fee for only the engineering stream, for which the 2nd respondent Commission recommended a fee for the Government Quota seats. The 1st respondent Government notified the same vide G.O.Ms.No.19, Higher Education (RM) Department, dated 10.07.2024, where the petitioner has been included in the said G.O. 4. The Government has issued Health and Family Welfare (C2) Department G.O.RT.No.552, dated 03.09.2024, fixing the fee structure for 50% of the Government Quota seats in Medical and Dental Streams offered by private universities in the State. The petitioner has obtained recognition from the relevant Affiliating Authorities to run Para Medical Courses, which must be recommended by the 2nd respondent Commission for the allotment of 50% of the Government seats that are to be notified by the Government. The petitioner has approached the office of the 2nd respondent, requesting to 3 receive the processing charges for the fixation of the fee. The officials have informed that the process of fee recommendations concerning the blocked period of 2023-24 to 2025-26 has already been completed and forwarded to the 1st respondent; therefore, they cannot process the application. 5. In similar circumstances the Division Bench of this Court disposed of in W.A.No.607 of 2023 with the following directions: “13. In that view of the matter, this writ appeal is being disposed of with the following directions: 1) The appellant shall tentatively, fix the fee that can be collected by the 1st respondent, for the courses offered by the 1st respondent in its college, on par with the minimum fee that is being fixed in the colleges in the State, and recommend the same to the 2nd respondent State in two days. 2) The said minimum fee fixed shall be treated as a tentative fee and the correct fee would be fixed by the appellant after due processingof the data submitted by the 1st respondent. 3) After receiving the request from the appellant, the 2nd respondent shall display the 1st respondent-college in the list of colleges at official website for participating in the counseling in UG courses for the present Academic Year 2023-24 through OAMDC. 4) The 2nd respondent State Government, shall caution the students taking admission into the courses offered by the 1st respondent by informing the said 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 appellant. 5) The appellant may also consider early fixation of the final fee that can be collected by the 1st respondent for the block period 2023-24 to 2025-26.” 4 6. In the light of the above judgment, the Writ Petition is disposed of with the following directions: i) The 2nd respondent shall tentatively fix the fee that can be collected by the 3rd respondent for the courses offered by the 3rd respondent in its college, on par with the minimum fee that is being fixed in the colleges in the State and recommend the same to the 1st respondent State in two days. ii) The said minimum fee fixed shall be treated as a tentative fee and the correct fee would be fixed by the 2nd respondent after due processing of the data submitted by the petitioner. iii) After receiving the request from the 2nd respondent, the 1st respondent shall display the 3rd respondent-college in the list of colleges at official website for participating in the counseling in UG courses for the blocked period of 2023-24 to 2025-26 through OAMDC. iv) The 1st respondent State Government, shall caution the students taking admission into the courses offered by the 3rd respondent by informing the said 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 2nd respondent. 5 v) The 2nd respondent may also consider early fixation of the final fee thatcan be collected by the 3rd respondent for the block period 2023-24 to 2025-26.” There shall be no order as to costs. Any pending miscellaneous applications, if any, will also stand closed. ______________________ SUMATHI JAGADAM, J 13.03.2025 LSP 6 100 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6502/2025 13.03.2025 LSP