APHC010340382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17081 OF 2025 Between: Audisankara College of Engineering and Technology, Rep. by its Correspondent Sri. Venki Penchalaiah Ramannapalem, North Rajupalem Village, Kodavaluru Mandal, Nellore District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Higher Education Buildings Velagapudi, Guntur District. 2. The Andhra Pradesh Higher Education Regulatory and Monitoring Commission, Government of Andhra Pradesh, Rep. by its Member- Secretary, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16, Tadepalli, Guntur District - 522501. Tulluru, Secretariat ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 2^^*^ Respondent, Regulatory Commission in not % determining the fee structure for the block period 2025-26 to 2026-27 for the various technical courses being offered by the Petitioner-Institution on the ground that the Petitioner did not pay the processing fee and submitted the data as notified by the 2nd Respondent, ignoring the fact the Petitioner institution got affiliation from the Apex body for the academic year 2025-26 being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A.P. Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fee) Act 1983 and the Andhra Pradesh Higher Education as Monitoring and Regulatory Commission Act and Rules, Regulations framed therein and consequently direct the 1 Respondents to determine the fee structure for the Petitioner institution and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. nd and 2 lA NO: 1 OF 2025 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 1®* and 2"^^ Respondents to determine the fee structure for the Petitioner-Institution for the block period 2025-26 to 2026- 27, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI Counsel for the Respondent No.1: SRI RAMA CHANDRA RAO GURRAM, GP FOR HIGHER EDUCATION Counsel for the Respondent No.2: SRI VEVEKANANDA VIRUPAKSHA, SC FOR APHERMC The Court made the following order: r 1 APHC010340382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] P.' THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17081/2025 Between: 1.AUDISANKARA COLLEGE OF ENGINEERING AND TECHNOLOGY, SRI. VENKI PENCHALAIAH KODAVALURU REP BY ITS CORRESPONDENT RAMANNAPALEM, NORTH RAJUPALEM VILLAGE MANDAL, NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEPARTMENT OF HIGHER SECRETARY TO GOVERNMENT EDUCATION, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI GUNTUR DISTRICT. 2.THE ANDHRA PRADESH HIGHER EDUCATION REGULATORY AND MONITORING COMMISSION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS MEMBER-SECRETARY 3RD FLOOR, SREE NRI BLOCK (C-BLOCK). NH-16, MAHENDRA ENCLAVE, TADEPALLI, GUNTUR DISTRICT - 522501. ...RESPONDENT(S): Counsel for the Petitioner: 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION 2 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17081/2025 ORAL ORDER: - Heard arguments of Sri Mathukumilli Srivijay, Ld. Counsel for Writ Petitioner, Sri Rama Chandra Rao Gurram, Ld. Government Pleader for Higher Education and Sri Vivekananda Virupaksha, Ld. Standing Counsel for Respondent No.2. 2. The present Writ Petition is filed seeking the following relief: - “It is prayed that this Hon'ble Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 2nd Respondent, Regulatory Commission in not determining the fee structure for the block period 2025-26 to 2026-27 for the various technical courses being offered by the Petitioner- Institution on the ground that the Petitioner did not pay the processing fee and submitted the data as notified by the 2nd Respondent, ignoring the fact the Petitioner institution got affiliation from the Apex body for the academic year 2025-26 as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of 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 Rules, Regulations framed therein and consequently direct the 1st and 2nd Respondent's to determine the fee structure for the Petitioner institution and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. ” Learned Counsel for Writ Petitioner and Learned Counsel for Respondents had drawn the attention of this Court to the Order passed by the Division Bench of this Court in W.A.No.607 of 2023, dated 21.06.2023. Learned Counsel for all the parties are unanimous that the directions given by the Division Bench of this Court in Paragraph No. 13 of its Order dated 21.06.2023 should serve the purpose and based on such directions, the present Writ Petition can be disposed of. 3. I- Learned Counsel for Writ Petitioner also placed on record another similar Order passed by a Learned Single Bench of this Court in W.P.No.15200 of 2025, dated 26.06.2025 wherein, it is noticed by this Court that the directions given by the Division Bench have been re-produced in verbatim. 5. Having considered the directions of the Division Bench, as followed by the Learned Single Judge, this Court deems it appropriate to dispose of this Writ Petition in terms of the directions rendered by the learned Single Bench in W.P.No.15200 of 2025 dated 26.06.2025. Hence, the Writ Petition is disposed of with the following directions: i. The petitioner/college is directed to furnish all the data as required by the Commission for fixing the fee for the block period 2025- 26 to 2026-27along with representation (if not submitted) by paying the processing fee with penalty as suggested in the notification within a period of one week from today, ii. On receipt of the same, the Commission is directed to process the representation of the petitioner, immediately on or before commencement of the upcoming counseling, iii. The State and Commission are directed to receive the relevant data submitted by the petitioner/college as per notification dated 30.06.2022 and the Commission shall tentatively fix the fee that can be collected by the college(s), for the courses offered, on par with the minimum fee that is being fixed in the colleges in the State and recommend the same to the State Government in five days, iv. The said minimum fee fixed, shall be treated as a tentative fee the correct fee would be fixed by the Commission after due processing of the data submitted by the college. 4. 6. and V. After receiving the request from the Commission, the State Government shall display the petitioner/college in the list of colleges at official website for participating in the upcoming web counselling in APEAMCET courses for the present Academic Year 2025-26. Vi. The State Government, shall caution the admission into the students, taking courses offered by the colleges, by informing the 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 Commission. vii. The Commission may also consider early fixation of the final fee that can be collected by the college for the block period 2025-26 to 2026-27. 7. With the above directions, the present Writ Petition is disposed of. No costs. Miscellaneous petitions, pending, if any, shall stand closed. Sd/- U.SRj DEVI ASSISTANT REGISTRAR //TRUE COPY// rcSECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Department of Higher Education, Tulluru, Secretariat Buildings, Velagapudi Guntur District. 2. The Member-Secretary, Andhra Pradesh Higher Education Regulatory and Monitoring Commission, Government of Andhra Pradesh, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16 Tadepalli Guntur District-522501. 3. One CC to SRI VIJAY MATHUKUMILLI Advocate [OPUC] 4. One CC to SRI VIVEKANANDA VIRUPAKSHA, STANDING FOR APHERMC [OPUC] 5. Two CCs to GP FOR HIGHER EDUCATION, High Court of Andhra Pradesh [OUT] 6. Two CD Copies To, COUNSEL sree HIGH COURT DATED: 10/07/2025 ORDER WP NO. 17081 OF 2025 and«^ I 11 ji'i m ^.Current ii«cti&n ^ m DISPOSING OF THE W.P. WITHOUT COSTS