APHC010285532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Writ Appeal No: 695 of 2025 along with Writ Appeal No.696 of 2025 Bench Sr.Nos:- 29 & 30 [3446] Writ Appeal No: 695 of 2025 The Jawaharlal Nehru Technological University ...Appellant Vs. Social Educational Trust and others ...Respondents ********** Advocate for Appellant: Mr. D. Srinivas, Ld. Advocate General appearing vice Mr. N. Ashwani Kumar Advocates for Respondents: Mr. M. Subba Rao, Ld. Senior Counsel, GP for Higher Education, Mr. Vivekananda Virupaksha, Mr. M. R. K. Chakravarthy CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 3rd July, 2025. P C : The present writ appeals under Clause 15 of the Letters Patent have been preferred against interim orders dated 29.04.2025 and 09.05.2025, both passed in W.P.Nos.11106 and 11156 of 2025. The writ petitions were filed by private colleges challenging the orders of the Jawaharlal Nehru Technological University (for short, “the JNTU”) to remit the amount collected by the colleges on account of University Common Services Fee which the University claims it is entitled to recover in terms of Section 4 of the JNTU Act, 2008. 2. The learned Single Judge initially by virtue of its order dated 29.04.2025, stayed the operation of the impugned proceedings dated 2 HCJ & RRRJ WA_695 & 696_2025 26.03.2025, 15.04.2025 and 15.04.2025, issued by the University, claiming the JNTU to remit the said amount. Subsequently, this was clarified by virtue of its order dated 09.05.2025, that the order dated 29.04.2025 would be confined only to the University Common Services Fee but not applicable to any other Fee under any other Head. 3. Learned Advocate General, Mr. D. Srinivas, appearing for the appellant – University would submit that by virtue of the impugned order, the University has been prevented from recovering from the colleges the Common Services Fee and that the order impugned ought to be vacated. 4. Learned Senior Counsel, Mr. M. Subba Rao, appearing for the respondents - Colleges, however, submits that the fee that is charged by the colleges is strictly in accordance with the fee fixed by the committee under the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 and that the fee fixed for the JNTU does not specifically and separately provide for collection of the Common Services Fee and that by necessary implication means that no Common Services Fee has ever been charged by the colleges. 5. Although, learned counsel for the appellant placed reliance on a Government Order bearing G.O.Ms.No.41, dated 06.08.2023, which authorizes the institutions to collect fee under various heads under which fee could be charged by the colleges, learned Senior Counsel for the respondents state that the same has been set aside by a learned Single Judge of this Court 3 HCJ & RRRJ WA_695 & 696_2025 and an appeal has been preferred which is pending for orders before a Division Bench of this Court. 6. Be that as it may, in view of the stance taken by the contesting parties, the issue does require a deeper consideration and any exercise undertaken by this Court would affect the outcome of the proceedings before the learned Single Judge. 7. We, therefore, deem it appropriate that the parties be relegated to the learned Single Judge. The appellant - JNTU who has not yet filed any response before the learned Single Judge would be at liberty to do the needful within two weeks, whereafter the matter could be heard on merits. The petitioners would be at liberty to file rejoinder to the counter-affidavit, within two weeks thereafter. 8. We, accordingly, dispose of the present Writ Appeals with a direction to the Registry to post Writ Petition Nos.11106 and 11156 of 2025, before the learned single Judge having Roster on 31.07.2025. No order as to costs. Pending miscellaneous applications, if any, in this appeal, shall stand closed. DHIRAJ SINGH THAKUR, CJ. R. RAGHUNANDAN RAO, J. SSN