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2025 DAILYLAW 27727 (GAU)

Himalayan University v. THE STATE OF AP and 3 Ors.

IA(C)/62/2023 · 2025-10-22

Kardak Ete, Marli Vankung

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC040014842022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/62/2023 Himalayan University Age: 0 Occupation : Address:Having its campus at Chimpu Near Arunachal Pradesh Forest Corporation Guest House Gohpur Tinali Itanagar Papum Pare Arunachal Pradesh Through its Assistant Registrar VERSUS THE STATE OF AP and 3 Ors. Age: 0 Occupation : Address:Represented by Commissioner/Secretary Education Itanagar Civil Secretariat Block IV 5th Floor Itanagar 791111 Arunachal Pradesh. 2:The State of Arunachal Pradesh Age: 0 Occupation : Address:Through Secretary Law and Judicial Department Govt. of Arunachal Pradesh Civil Secretariat Itanagar 791111 Arunachal Pradesh. 3:Arunachal Pradesh Private Educational Institutions Regulatory Commission Age: 0 Occupation : Address:Through Secretary APSCTE Building Directorate of Higher Secondary Campus ESS Sector Itanagar 791111 Page No.# 2/5 Arunachal Pradesh. 4:Department of Education Age: 0 Occupation : Address:Through Principal Secretary Govt. of Arunachal Pradesh ESS Sector Papumpare Near Civil Lines Itanagar 791111 Arunachal Pradesh. ------------ Advocate for : S K Sarma Advocate for : GA (AP) appearing for THE STATE OF AP and 3 Ors.: Advocate , , , appearing for 2, 3, 4, respectively. Linked Case : WP(C)/476/2022 Arunachal University of Studies (through its Registrar Mr. Divyanshu Goel, NH 52, Knowledge City, Namsai, District Namsai, Arunachal Pradesh 792103 VERSUS THE STATE OF AP and 4 Ors. Represented by Commissioner/Secretary Education, Itanagar Civil Secretariat, Block IV, 5th Floor, Itanagar 791111, Arunachal Pradesh. 2:THE STATE OF AP Age: 0 Occupation : Represented by Commissioner/Secretary Legal Affairs Department of Legal Affairs Ministry of Law and Justice Itanagar Civil Secretariat Itanagar 791111 Arunachal Pradesh. 3:The Arunachal Pradesh Private Educational Institutions Regulatory Commission Page No.# 3/5 Age: 0 Occupation : Represented by Chairman/Secretary Arunachal Pradesh Private Educational Institutions Regulatory Commission (APPEIRC) APSCTE Building Directorate of Higher Building Directorate of Higher Education Campus ESS Sector Itanagar Arunachal Pradesh 791111 4:The Secretary Age: 0 Occupation : Department of Income Tax Central Board of Direct Taxes (CBDT) Department of Revenue Ministry of Finance Govt. of India New Delhi. 5:The Secretary Age: 0 Occupation : Goods and Service Tax Council Department of Revenue Ministry of Finance Govt. of India New Delhi Advocate for the Petitioner : Teto Taba, C Ering,B Taba,P Siga Advocate for the Respondent : GA (AP), DSGI,Marto Kato,Tagum Jamoh,SC (Education) BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG HONOURABLE MR. JUSTICE KARDAK ETE ORDER 23.10.2025 (Marli Vankung, J) Heard Mr. S.K. Sharma, learned counsel for the applicant. Page No.# 4/5 It is seen that the instant Interlocutory Application is to be considered along with the connected WP(C) No. 177(AP)/2023, wherein the instant writ petition is a challenge to Section 8(a) of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017, which empowered the Regulatory Commission to mandatorily charged 1% of the total fees from the private educational institutions every year and the IA is a prayer for an interim order for the stay of the orders and Show-Cause Notices passed by the respondent authorities and exercise of their power under Section 8(a) of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017. It is also seen that there is an analogous matter registered as WP(C) No. 476(AP)/2023, which is also a challenge to Section 8(a) of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017 and this court vide its order dated 08.06.2023 in WP(C) No. 177(AP)/2023 held that WP(C) No. 476(AP)/2022 is to be tagged along with WP(C) No. 177(AP)/2023. Therefore, we find that both the WP(C)s being similar, the order dated 09.02.2023 passed in WP(C) No. 476(AP)/2023 is equally covered and applicable in WP(C) No. 177(AP)/2023 along with IA(C) No. 62(AP)/2023. For the above reason, we find that the IA(C) No. 62(AP)/2023 is also squarely covered by the order in IA(C) No. 258(AP)/2024, wherein the said IA(C) No. 258(AP)/2025 has been dismissed, on finding that the order of this court dated 09.02.2023 in WP(C) No. 476(AP)/2022 has already decided and covered the matter. Accordingly, IA(C) No. 62(AP)/2023 also stands dismissed and disposed of. Page No.# 5/5 On the dismissal of IA(C) No. 62(AP)/2023, the connected WP(C) No. 177(AP)/2023 being analogous with WP(C) No. 476(AP)/2023 are to be listed together after 2(two) weeks for further steps. JUDGE Comparing Assistant