Page No.# 1/7 GAHC040014842022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/258/2025 Arunachal University of Studies Age: 0 Occupation : Address:through its Registrar Mr Divyanshu Goel NH-52 Knowledge City Namsai District Namsai Arunachal Pradesh 792103 VERSUS The State of AP and 2 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: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.# 2/7 Age: 0 Occupation : Address: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 ------------ Advocate for : Punung Borang Advocate for : GA (AP) appearing for The State of AP and 2 Ors: Advocate , , appearing for 2, 3, 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 Age: 0 Occupation : Represented by Chairman/Secretary Arunachal Pradesh Private Educational Institutions Regulatory Commission (APPEIRC) Page No.# 3/7 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. T. Taba, learned counsel for the applicant. 2. This is an application filed under Section 151 of the Code of Civil Procedure for the issuance of the order restraining the respondents from taking Page No.# 4/7 any action on the basis of the decision of the minutes of the meeting of the Commission dated 03.09.2025 held at the office chamber of Chairman AAPEIRC, demanding for deposit of 1% of the total fees charged from students for the session 2022-2023, 2023-2024 and 2024-2025 in the account of Arunachal Pradesh Private Educational Institution Regulatory Commission, Itanagar till the disposal of the pending Writ Petition No. 476(AP)/2022. 3. The learned counsel for the petitioner submitted that the instant interlocutory application is arising out of the connected Writ Petition No. 476(AP)/2022 which is a challenge to the constitutional validity of Section 8 of the Arunachal Pradesh Private Education Institutional Regulatory Commission Act, 2017 and the competence of the State Legislature to enact the impugned Act, which provides for levy and collection of 1% of the total fees received per year by the Private Educational Institutions. The learned counsel submitted that this court vide its order dated 09.02.2023 in WP(C) No. 476(AP)/2022, had issued show cause notice to the respondents, wherein the response of the respondents/counter-affidavits is still awaited. He further submitted that in the said order dated 09.02.2023, this court had ordered that since the validity of the Arunachal Pradesh Private Educational Institutions Regulatory Commission Act, 2017, is under challenge any action taken by the respondent authorities pursuant to the various Officer Orders, Show-Cause Notices and summons issued to the Vice-Chancellor of the petitioner-University, shall be subject to the final outcome of the present writ petition. 4. The learned counsel submitted that in spite of the order dated 09.02.2023, the meeting of the Regulatory Commission, dated 03.09.2025, decided that the respondents should demand the deposit of 1% of the total fees charged from Page No.# 5/7 the students for the session 2022-2023, 2023-2024 and 2024-2025 and hence, the instant Interlocutory Application for an interim stay restraining the respondents from taking any such action. 5. Mr. R.H. Nabam, learned Addl. Advocate General is present on behalf of the State respondent along with Mr. Marto Kato, learned ASGI and Mr. T. Jamoh, learned standing counsel for Education Department. 6. The learned counsels for the opposite parties/respondent have brought to the notice of this court the order dated 09.02.2023 passed in WP(C) No. 476(AP)/2022, wherein this court had also observed that:- “Since there is a presumption, in law, in favour of the validity of the ‘Act’ enacted by the Legislature; and, the Office Orders, Show- Cause Notices and summons to the Vice-Chancellor of the petitioner-University, having been issued in exercise of powers conferred under Sections 8 & 10 of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017; we are of the considered view that no restrain order, in the attending facts and circumstances of the case, at hand, can be passed against the respondent authorities restraining them from acting, in furtherance of Sections 8 & 10 of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017.” The learned counsel for the respondents submits that this court in the above order has already dealt with the instant interlocutory application. 7. We have considered the submissions made by the learned counsels for both the parties and we have also perused the order dated 09.02.2023 passed in WP(C) No. 476(AP)/2022. We find that this court in WP(C) No. 476(AP)/2022 Page No.# 6/7 was of the considered view that since there is a presumption, in law of the validity of the Act, no restraining order, in the attending facts and circumstances of the case can be passed against the respondent authorities, restraining them from acting in furtherance of Section 8 & 10 of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017 and that any action taken by the respondents in pursuance to the orders/notices issued by the Vice- Chancellor under Section 8 of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017 shall be subject to the outcome of the writ petition. 8. We therefore find that since this court in the connected WP(C) No. 476(AP)/2022 had observed that no restraining order can be passed against the responding authorities restraining from acting in furtherance of Sections 8 & 10 of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017 and wherein the instant IA is a prayer for restraining the respondents from passing an order in furtherance of Section 8 of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017, we find that the prayer in the interlocutory application has already been dealt with by this court in the said order dated 09.02.2023 passed in WP(C) No. 476(AP)/2022. 9. In view of the above, we are constrained to dismiss and dispose of the instant IA(C) 258 (AP) 2025 for the above reasons. JUDGE JUDGE Page No.# 7/7 Comparing Assistant