Page No.# 1/6 GAHC040014842022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/259/2025 Himalayan University Age: 0 Occupation : Address:through its Assistant Registrar cum Public Relations Officer of Himalayan University Itanagar Arunachal Pradesh. VERSUS The State of AP and 3 Ors Age: 0 Occupation : Address:through Secretary Education 5th Floor Block IV Civil Secretariat Itanagar 791111 Arunachal Pradesh. 2:The State of AP Age: 0 Occupation : Address:through Secretary Law and Judicial Department Govt. of Arunachal Pradesh Civil Secretariat Itanagar Itanagar 791111 3:The Arunachal Pradesh Private Educational Institutions Regulatory Commission Age: 0 Occupation : Address:through Secretary APSCTE Building Page No.# 2/6 Directorate of Higher Education Campus ESS Sector Itanagar 791111 Arunachal Pradesh. 4:The Department of Education Age: 0 Occupation : Address:through Principal Secretary Govt. of Arunachal Pradesh Govt. of Arunachal Pradesh ESS Sector Papum Pare Near Civil Lines Itanagar 791111 Arunachal Pradesh. ------------ Advocate for : C Ering Advocate for : Tagum Jamoh 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 Page No.# 3/6 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) 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 Page No.# 4/6 23.10.2025 (Marli Vankung, J) Heard Mr. S.K. Sharma, learned counsel for the applicant, who has filed the instant application under Section 151 of the Code of Civil Procedure, praying for an interim order for the stay of the operation and effect of the impugned provision contained in Section 8(a) of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017 along with the impugned communication dated 22.09.2021 issued by the Secretary, Arunachal Pradesh Private Educational Institutions Regulatory Commission. The interlocutory application is also for the stay of the operation of the impugned Show-Cause Notice dated 03.01.2022 along with the summons dated 25.01.2022 and 28.03.2023 issued by the respondent authority and for a direction that the respondent No. 3 should not take any action of proceeding against the petitioner. 2. The learned counsel further submitted that the High Court of Himachal Pradesh in H-Private Universities Management Association (H-PUMA) Vs. State of H.P. and Ors. in C.W.P No. 10140 of 2012 dated 19.10.2013 had also set aside a similar provision which was incorporated in the Himachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2010, which is now pending before the apex court on appeal in Civil Appeal No.(S) 11290 of 2013. 3. 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. 4. The learned counsels for the opposite party/respondents submit that the Page No.# 5/6 instant interlocutory application is similar to the IA(C) No. 258(AP)/2023 arising out of WP(C) No. 476(AP)/2022 and a similar order may be passed. 5. This court, on considering the nature of the prayer made in the instant Interlocutory Application finds that the nature of the application is similar to the IA(C) No. 258(AP)/2025, wherein the IA(C) No. 258(AP)/2025 is arising out of WP(C) No. 476(AP)/2022 and the instant IA(C) No. 62(AP)/2023 is arising out of WP(C) No. 177(AP)/2023. Both WP(C) No. 476(AP)/2022 and WP(C) No. 177(AP)/2023 are both assailing the provisions of Section 8(1) of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017, wherein the Regulatory Commission is empowered to mandatorily charged 1% of the total fees from the Private Educational Institutions every year. 6. We therefore find that the nature of the instant Interlocutory Application has been covered/dealt with by the order of this court in IA(C) No. 258(AP)/2025, wherein this court had dismissed the IA(C) No. 258(AP)/2025, on finding that the prayer made for an interim order restraining the respondents from taking any action as per Section 8(a) of the Arunachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2017 had already been decided in this court’s order dated 09.02.2023 in WP(C) No. 476(AP)/2022. 7. We have also noted that in H-Private Universities Management Association (H-PUMA) (Supra), the High Court of Himachal Pradesh had held hat the provisions of Section 8 of the Act which also deals with establishment of a fund by collecting percentage of total fees, is beyond the Legislature competence of the State. However, we have also noted that on appeal the Apex Court vide its order dated 08.05.2014 had directed that status quo ante, as prevailed before the pronouncement of the impugned judgment is Page No.# 6/6 to be maintained. 8. In view of the above, we are of the considered view that on the dismissal of IA(C) No. 258(AP)/2025, the instant IA(C) No. 259(AP)/2025 being similar, also stands dismissed and disposed of. JUDGE JUDGE Comparing Assistant