APLICO10285532025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY,THE THIRD DAY OF JUl_Y TWO THOUSAND AND TWENTY FIVE PRESENT THE HON]BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HONJBLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT APPEAL Nos. 695 AND 696 OF 2025 WRIT APPEAL No.695 OF 2025 Writ Appeal under .clause 15 of the Letters Patent against the Order dated 29-04-2O25 in WP.No.111O6 of 2025 further modified vide order dated 09-05-2025 on the file of High Court. BETWEEN: The Jawaharlal Nehru Technologic`.al university, Kakinada, (JN-Tul<) Rep by the Registrar, Kakinada. .../I..PPELl..ANT/ RESPONDENT NO.3 Ar\lD 1. S`>ocial Educational Trust, \Jasirecldy Venkatac]l-i Instill.,te of -recrlnO'OCJy, F`ep. by itsChairman, Vasireddy Vi,dye Sagar a/o Appa Rao,Aged 61 years, Nambur Peclakakani, Guntl.lr District. 2. The Va`c:>ista Educational St,ciety, (Swarnancihra Co"ego of El'1gineering & Technology), r`epresented by its Vice-Chairman, Satrasala Kirti Kumar. Aged 43 yearsl Seetharaml:>uram, Nar-sapur, \^/est Godavari Distri'ct. 3. usha F`ama Educational Ar~'ademy, (Usha Rams a,allege c,f En'<'jineering & Technology), Represen-ted by its Chairm€.'lrl, Sun1<ara Ramabrahmam, Aged 7,9 years, NLI-16,Telaprolu, UngutlJr MancJal, l<rishna District. 4. SRK F-oundation(SP`K lnstit'ute of Tecllnology), Representecl by its Secrete,-y, Srinivasa Sri Krishna Boyapati, S/a Srinivasa Appa Rao, A€led 52 years, Enikepadu, VI-jayaWada, l<riShna Distri-ct. 5. Amrita Sai Educ,ational lmpr'ovement Trust, (Amrita Sai Institute of Science and Technology), F`ep by its Corres+pendent, '<|,da,-avalli Rama Mohana Rao, S/a Purnaiah, aged 68 years, Paritala: , Kanchil<acherla, Krishna District. 6. Swarna AcacJemy of Scient.`e, (MVR College of F_ngineerlng), Rep,-esentecl by its Chairnl.~:ln, MlltllavaraplJSrinivasaBabul S/oVenl<ateswara Rat,, age:>c] 61 years, Paritala-, Kanc'1it<aCherla. Krishna Di:Strict. t \* ~ /I I- Viveka' Educational Socie`ty, (Lingayas Institute of Management & Tee-hnology)+, Represented by its Chairman, Ga+ddeRaj[ing, S/o G.V.K. Sinha, Aged-60 years, Viveka Nagar, Madalavarigudem, Krishna District. Ko[li Ramaiah Educational Society, (SreeVahini Institute of Science & Technology), R'epresen`ted by its Secreta`ry, Vutukuru Subrahmanyam, S/o. Vutukuru Lakshmana Rao, Aged 53 years, NadimTiruvuru, Krishna District. Lakireddy Ba!ireddy Charitable Trust, (Lakireddy Bali Reddy Co][ege of Engineering), Represented by its Presiderlt, GurraiaSriniva,sa Reddy, s/o. Range Reddy, aged 53 years, L.B.Reddy Nagar, Mylavaram, Krishna District. 10. Sri Vasavi EducatiQna] Socie-ty, (Sri Vasavi Institute of Engineering & Technology), Rep. by its Correspondent Kaky Kumar Babu, S/o. Kaky Satyanarayana Murthy, Aged 73 years, N,andamuru, Pedana Manda'', Krishna District. -1'1. Sri Durga Ma!'leswara Educa+[ional Society, (NRl Institute of Technology), Rep. by its Chairman, I Ravi Venkat F3ao, S/o. Ravi Kondaiah, Aged 51 years pQthaVaraPPadu,AgiripaIIi Manda[, Vijayawada Rural, Krishn-a District.-. 12. ,- Devineni Ramana Praneetha Memorial Trust, (DVR & DR. HS MIC Co}tege of Techno[ogy')., R'ep. by its Director, Sreenivasa Rao Maganti, S/a Ramachandra.rae, aged 56 years, Kanchikacherla, Krishna Diet-riot. 13. BVC Educational Society, (BVC Engineeri-ng College (Oda!arevu), Rep. by its Secrretary, Bonam Kanakayya, S/o. Venkata Chatamalyya, Aged 64 years, EdarapaI[e, Amalapuram, Dr.B.R. Ambedkar Konaseema District. 14. BVC Educational Society, (BVC Institute of Technology & S`ciences), Rep. by its Secre+lary, Bonam Kanakay'ya, JAG3ss` S/o Venkata Cha+Lamayya, Aged 64 years, Edarapalle, Amalapuram, Dr.B.R. Ambedkar Konaseema D,'s{rict. 15. BVC Educa-tional So-ciety, (BVC College of Engineering), Rep. byl its Secretaryl Bonam Kanakayya, s/o venkata chatamayya, Aged 64 years, Edarapa]le, Amalapuram, Dr.B.R. Ambedkar Konaseema District. 16. Sri Koundinya Educational Society, (Godavari Institute of Engineering & Technology), Represented by its P+rincipal,Pothukuch]-Mohana Muraii Subrahmanya, S/o. Nageswara Rao, Aged 56 years, Rajahmahendravaram, East `Godavari District. 17. We Are forYou.Educa{iona'l Society, (International School of Technology & Science for Women), Represented by its Secretary & Correspondent, Kallem Upender Reddy, S,'o. Sudharshan Reddy, Aged 40 years, Rajanagaram, East Godavari District. 18. Amma Educational Society, {Prakasam EngI'neering College), Represented by its Secretary & CoITeSPOnden,t, Dr. Kancharla Ramaiah, S,'o Singaiah, Aged 72 years, Kand.ukur,S.P.S.R Nellore District. 19. Rural Institute of Social and EconomicEmpowerment Society, (Rise Krishna Sat-Prakasam Group of !ns`titutions) Represented by its Treasurer Sri. Siddha Venkata Naga Satya Bharat S/o Venkateswara Rao, Aged 40 years, Lawyer pelta, ongo!e, prakasam District. 20. Rural Institute of Social and EconomicEmpowermentSociety, (Rise Krishna Sai Gandhi {`-3roup of 'ns`titutions), R-epresented by its Treaslil-er, Sjddha Venkata Nasa Satya Bha`,ra{h S/o Venkateswara Rao, aged 40 years, Lawyer peta, Ongo]e', Prakasam District. 21. Gayatri Educational Development Society, (Na.rs'araopeta Engineering Co{iege), Represented by its Chairman, Mittapalli Venkata Koteswararao, S/t,. Venka,teswarlu, Aged 77 years, Yellaman-da(-P), Narsaraopeta, Palnadu DisJtrict. .,/, I I./ . (I/ i, I,, _i`.,>.,iisRA ` .`-ha-+ 22. sri Mitap`alli Trust(Sri Mittapal!i College of Engineering), Represented by its Chairman, Mi|ltapalli Venkata KoteswaraI-aO, S/o Venkateswarlu, Aged 77 years, Yellamanda(P), Narsaraopeta, palnad'u District 23. GSR & KKR Educational Society, (KKF\ & KSR Instirtute of Technology & Sciences) Represented by, its Chairma-n, Koye Subbarao, s/o punna Rao, Aged 52 years, Vijayapuri, Guntur, Guntur District. 24. Krishna Sat Educationa'l Society, (KITS Akshar institute of Technology, Previously Guntur Engineering College), Rep. by its Chairman, Koye Subbarac,, S/o. Punna Rao, I Aged 52 years,Vijayapuri, Guntur, Guntur District. 25. Srinivasa Educational` Society., (Kakinada lnsitute of Technology & Science, Divili), Rep by its Chairman, Betineedi Srinivasa Rao, s/o subba Rao, Aged about 59 years Tirupati Village, Divili, Peddapuram Mandal, Kakinada District. 26. Venkata Ramana Charitable Trust, Tirumala Engineelring college, represented by its Secretary & Correspondent, Raveia SatyanarayanaI S/o. Sydaiah, aged 70 years, Jc}nnalagadda Village,I Narasaraopet, Guntur District. 27. Ganta Sriram Educational Society, (Ram,achandra College of Engineering), Rep: by its Secretary, Korrapa,ti Venugopal I s/o. venkataratnam, aged 54 years, Valturul, Eluru, Eluru District. 28. MalineniPerumallu Education.al Society, (Malineni SuseelammaWom€m's Engineering College), Represented by its Chairman, MalineniPerumallu, S/a. Lak`c',hmaiah, Aged 44 years, Puiladigunta, Guntur District. 29. Ma[ineniPerumallu'Educationa!:Society, (Malineni Lakshmaiah Women's Engineering College), Represented by its Chairman-I MalineniPerumai!,u, s/o. Lakshmaiah`, aged 44 years,Pu[ladigunta, Guntur District. _ `*ng* ".^lh^',^try.I.l r E= 30. Sri Nidama,nuri Educational Soc'iety, (QIS GOl!ege Of Enginleering and TeGhnO!Ogy)i Represented by its `Principal, yarrapathruni Ven,ka`ta Lianumantha Raol S/o. Venkata'R-ao, aged 5+6'years, vegamukkapal.em, Ongole, Pral;`asam District. ... RE:SPONDENT/ WRIT PETTllONERS 31. TheState OfAndhra Pradesh, R'epresented by its Principal Secretary, lligher Educ,ationDepartment, Secre-tariat Buildings, velagapudi,Thullur Mandal, Amaravati, Guntur District. 32. The Andhra Pradesh H-igherEdu6ation Regulatory and MonitQringCommissionl Represented by i-tS Member Secretary sree Mahendra Enclave, NRI Block, Tade,pal!i, Guntur District. ... RESPONDENTS'/ RESPONDENT-, Nos.1 i 2 lANO: 2OF2025 . \ , ` ` 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 operation of interim order dated. 29.04.2025 passed in WP.No.11106 -of 2025 further modified vide order dated 09.05.2025. Counsel for the Petitioner: SRI D. SRINIVAS, Ld. AADVOCATE GENERAL APPEARING FOR SRI N. ASHWANI KUMAR Collnsel for the Respondent Nos.1 to 30: SRI M. R. K. CHAKRAVARTHY counsel for the Respondent No.31 : GP FOR HIGHER EDUCATION Counsel for the Respondent No.32: SRI VIVEKANANDA VIRUPAKSllA Writ Appeal u.nder clause 15 of the Letters Patent against the order dated 29.04.2025 passed in W.P.No.11156 of 2025 further modified vide order dated 09.05.2025 Qn the file Of the High Court. BETWEEN: The Jawaharlal Nehru Technological University, Kakinada, (JNTUK) Rep by the +--{egiStrar, Kakinada. ...APPELl._ANT/ RESPONDENT NO.3 AND 1. Shaik Dada Saheb Charitable Trust, (Eswar College ot- Engineering), Representet,I by its Secretary & Correspondent, shaik Kareem Mohiddir`, S/o. Meera ValiI Aged 42 years, Kesanupam Village, Narasaraopet, Guntur District. 2 YT:iluk£taiaRlanlsmtFtr:: gfhTa:i:?`l?lloeloTgryusathd sciences), Represented by its Sec!-et€'`ry & Correspondent, Ravels Satyanarayanal S/a. Syclaiah, aged 70 years, Jonha'agadda, Narasarao[Jet, Gu.ntirr District. 3. Nalancla Educational Society, (Nalanda lnstitl,te CJf P.G `C.)tudies), Represented by its Chairman, Arimanda\/arapraSada Reddy, s/o. venkateswara Re'ddyl aged 69 years, Sidclharth Nagar, Kantepudi, SattellePaI!i, Guntur District. 4. Nalanda Educational Soc`,i€.,!'}.,`J; (varaprasada Reddy lnstit\.,te c`f Technology)I Represented by its Chairman, ArimandaVaraprasadaReddy s/o. venkateswaraP`eddy, A.ged 69 yearsl Sidc!harth Nagar, Kantepudi Village, Sattenepalli, Guntur District, 5. Sri Velaga Educational St,cietyI (velaga Nageswara Raf., (I.`,t,Ilege c>f Engineering), F`epresented by its Secr'etary, Smt. Velaga Naga Kalyani, w/a. velagaF>admarao, aged 51 years, chinralpudi villageI Ponnur, Guntur District. 'GVR & S Educational Society (GVR & S.College of Engineering & Technology) Represented by its Secl-et{-.try & Corresponder'`tI 7- 9. Gangineni Sailaja, W/a. Gangineni Venkateswara Rao, Aged 66 years, Vidya Nagar, Chandramc,ulinagar, Guntur District. santtlinikethan Minority Educational Society (Loyola Institute Of Technology & Management), Represented by its Director, Eeda Vamsi Krishna Reddy, s/o. Rajasekhar Reddy, aged 37 years, sattenapalli Main Road, Dhulipalla, Guntur District. SRK Foundation, (Vijaya Institute of Technology for Wo,men) Represented by its Secretary, Srinivasa Sri Krishna Boyapati s/o.srinivasa Appa Rao, Age.`cl 52 years, Enikepad.u, Vijayawada Krishna District. sri sivakameswari Educational Society, Mandava Institute Of Technology & Science, 'Represented by its Secretar\/, M?ndava Sridhar, s/o. venkateswararao, Aged 47 years, Vidya Nagar, Jaggaiahpet, Krishna District 10. Sunflower Educational Society, (sri sunflower college of I_ngineering & Technology), Represented by its. Secretary & Correspondent, M.D.V.S.R. Punnam Raju, S/o. Venkata Raju, Aged 58 years, Ghantasala Mandal, Lankapalli, Krishna Distri'ct. ll. Guruvindapalli DeVanandam Mary Memorial Trust, (GDMM Memorial College of Engine?ring & Technology), Represented by its Correspondent, GuruvindapalliVara Prasad P`ao, a/o. -Devanandam, aged 75 years, Nandigama, Krishna District. 12. Adarsh Educational Society, Adarsh College of Engineering, Represented by its Chairman, B AnuBabu, S/o. Vallem Nageswara Rao, Aged 49 years, Chebrolu, East Godavari District. 13. Churches of Christ'Society, (Lenora College of Engineering), Represented by its Principal, Dhanarasi Gowtham, s/o.syam sundar, aged 35 years, RarnpachodaVaram, AIluri Sitaramaraju District. t' ~. ,dr_hain`,.. 14. Anna Educational Society, (Krishna Chaitanya Institute of Technology & Science), Represented by its Secretary & Correspondent, Anna Krishna Chaitanya, S/o. Venkata Rambabu, aged 39 years, DevaraJ'ugattu, Peddaaraveedu, Markapur-, Prakasam District. 15. VHR Educational Society, (Indira Institute of Tech.nology & Science)I Represented by its principal, Manya Madhu Raghave'ndra, s/o. sree Ramulu, aged 42 years, Kurnool, Kurnool District. 16. Islamic Educational and Cultural Society, . (AI Global Institute of Eng`ineering & .Technology), Represented by its Correspondent, Shai Mahammad Rafi, S/o. Shaik Babarl Saheb, Aged 45 years, Markapur, Prakasam District. 17. ABR Educational Societyl (ABR College of Engineering & Technology), Represented by its Chairmt-.m, Avula.Basireddy, S/c, Musala Reddy, Aged 59 years, Kanigiri, Prakasam District. 18. Atluri Mastan Reddy Educational Society, (AM Reddy Memorial College of Engineering & Technology), Represented by its Secretary, Smt. Atluri Santhi, W/o. AtluriSrinivasaReddy, Aged 5O years, Petlurivaripalem, Narasaraopet, Palnadu District. 19. Sri GayathriEducationaI St,ciety, (Helapuri institute of Techm,lc,gy & Scienc-e), Represented by its Principal: Smt. Musunuri Lavanya, W/o. Suryadevara Mohan Babu a-howdary, Aged 37 years, Vegavaranll Denduluru, Eluru, Eluru District. 20. Koundinya Educational Sot`,iety, (GIET Engineering College), Represented by its principal, Meriga Vijaya Sekhar Babll, S/o. Seshaiah, Aged 47 years, RaJ-ahmahendraVaram, East Godavari District. 21. Kranthi Educational Society, (Kakil`lada lns`titute of Te'chnological Sciences), Represented by its Director, Meka Vamsi Pavan Kumar, S/a. Venkateswara Rao, aged 59 years, Ftamachandrapuram, Dr. B.R. Ambedkar Konasee'ma District. 22. sri Krishna Environmental and Educational Society (West Godavari Institute of Science and Engineering) t` -Represented by its ,Secre-tory & Corresponden-t, Akula Trimur{hy, S/o. Venkata Swamy, Aged 60 years, Avapadu, Prakasraopalem, East Godavari District. 23. PaladugllMangamma Memorial Trust, (Paladugu Parvathi Devi College of Engineering -& Technology), Represented by its Principal Kolla Krishna Murthy, S/o. Rangaiah, Aged 65 years, Surampa'li, Gannavaram,Nuzvid Roa,a, +(rishna District, 24. G-oveming Body of ld,eal College of Arts and Science Socie'ty, (Ideal lns'titute of Technology)I Represented by its Secretary, PalepuSuryaS+lndaraKiran, S/a. SatyanarayanaSarma (late), Aged 55 years, Vidyut Nag`ar, Kakinada, KakI'nada District. _..RESiPO.NDENTS/ WRIT PETTIONERS 25. The State-OfAndhra Prade€',h, Representecl by its' 'Principal Secr.etary, I-1igher EducatjonDeparfmer',t, Secretariat Buildings, Velagapudi,Thullur Mandal, Amaravati, Gu,ntur District. 26. TheAndhra Prad|esh rligher Education Regulatory and MonitoringComr,1iSSiOn, `Represented by its Member Secretary Sree Mahendra Enclave, NF`{l BlockI Tadepalli, Guntur District. ... RESPCi'`!i--jENTS/ P`ESPONDENT Nos.1 & 2 lANO:2OF 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 operat'lon Qf I'n{erjm order dated 29.04.2025 passed in wp No.11156 of 2025as modified vide order dated o9.05.2025. counsel for the petitioner: SRI D. SRINIVAS, Ld. AADVOCATE GENERAL APPEARING FOR SRI N. ASHWANI KUMAR Counsel for the Respondent Nos.1 to 24: SRI M. R. K. CHAKRAVARTHY Co`unsel for the Respondellt No.25: GP FOR HIGHER EDUCATION counsel for the Respondent No.36.I SIRI VIVEKANANDA VIRUPAKSHA The Court made the following.I COMMON JUDGMENT lN THE HIGH COURT OF ANDHRA PRADESH Bench APHCO10285532025 :ELT Writ A AT AMARAVATl Writ Appeal No: 695 df 2025 along with Writ Appeal No.696 of 2025 eaI No: 695 of 2025 The Jawaharlal Nehru Technological University Vs. Social Educational Trust and others Sr.Mos:- 29&30 [3 446] ...Appella`nt ...Respondents ********** Advocate for Appellant: Mr. D. Srinivas, Ld. Advocate General appearing vl'ce Mr. N. Ashwani Kumar Advoca{esfor Respondents: Mr. M. Subba Rao, Ld. SeniorCounsel, 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 : 3rdJuly,2025. PC: 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 COIIeges 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 UnI'VerSity claims it is entitled to recover in terms of sec{I-On 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 o9.05.2025, 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 Ec!ucational 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 lCommon Services Fee and that by necessary implication means that no Common Services Fee has ever been charged by the colleges. 5. 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 HCJ & RRRJ WA 695&696 2025 and an appeal has been preferred which is penciing for orders before a Division Bench of this Court. 6. Be thatas it may, in vieWOfthe StanCetaken bythe 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. //TRUE COPY// sd,I- K. TATA RAG DEPUTY REG'iSTP`AR TT _ _-%_l SEC,TION OFFICER To, 1. The Principal Secretary, Higher Education Department, State of Andhra pradesh, secretariat Buildings, Velagapud-I,Thullur Mandal, Amaravati, Guntur District. 2. The Member Secretary , Andhra Pradesh Higher Education, Regulatory and Monitor.Ing Commission, Sree Mahendra Enclave, NRI Block, Tadepalli, Guntur District. 3. One CC to Sri N. Ashwani Kumar, Advocate [OPUC] _ I,.I: ;,,. g,-i.y I + '7' 'J // 4. One CC to Sri Vivekananda Virupaksha, Advocate [OPUC] 5. One CC to Sri M. R. K. Chakravarthy, Advocate [OPUC] 6. The Registrar(Judie-lal), High Court of A.P. at Amaravati. 7. Two CC]s to GP for Higher Education, High Court ofA.P. at Amaravati[OUT] 8. The Section Officer, Posting Section, High Court ofA.P. at Amaravati. 9. The Section Officer, Writ(Non-Service), High Court ofA.P. at Amaravati. 10. Three CD Copies. ssb I.+I.ir;`.` I.fit:. i\ .` HIGH COURT DATED..03/07/2025 COMMON JUDGMENT WA Mos. 695 and 696 of 2025 C7 JUL 2O25 DISPOSING OF THE WRIT APPEALS WITHOUT COSTS