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2025 DAILYLAW 29381 (AP)

Sir C V Raman Institute of Technology and Sciences v. The State of Andhra Pradesh

WP/21438/2025 · 2025-08-12

K Sreenivasa Reddy

body2025

Judgment text

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'= APHC010420962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 21438 OF 2025 Between; Sir C. V. Raman Institute of Technology and Sciences, Rep by its Correspondent Sri. Bindela Vijaya Bhaskar Reddy Anantapuramu Road, Tadipatri, Anantapuramu District, Andhra Pradesh-515 411. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Department of Higher Education, Buildings Velagapudi, Guntur District. The Andhra Pradesh Higher Education Regulatory and Monitoring Commission, Government of Andhra Pradesh Secretary 3'"^ Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16, Tadepalli, Guntur District- 522501. Tulluru, Secretariat 2. Rep by its Member- ...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 Respondents in not determining and notifying the tuition fee to the Petitioner institution for the course of M.Tech for the block period 2025-26, despite granting of statutory permission from the competent authorities, 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 Respondents to determine the fee same. structure for the Petitioner institution and notify the lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to determine the fee Petitioner-Institution for the block period 2025-26, pending disposal of the Writ Petition, in the interest of justice. structure for the 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 VIVEKANANDA VIRUPAKSHA, SC FOR APHERMC The Court made the following order: 1 APHC010420962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 21438/2025 Between; 1. SIR C V RAMAN INSTITUTE OF TECHNOLOGY AND SCIENCES, REP BY ITS CORRESPONDENT BHASKAR REDDY SRI. BINDELA VIJAYA ANANTAPURAMU ROAD, TADIPATRI, ANANTAPURAMU DISTRICT, ANDHRA PRADESH-515 411. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, 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 BUILDINGS ...RESPONDENT(S): 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 topJeased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not determining and notifying the tuition fee to the Petitioner institution for the course of M.Tech for the block period 2025-26, despite granting of statutory permission from the competent authorities, 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 ^1! 2 ■'k 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 Respondents to determine the fee structure for the Petitioner institution and notify the same and issue such other writ or order or direction as deemed fit and proper in the circumstances of case lA NO: 1 OF 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 pleased to direct the Respondents to determine the fee structure for the Petitioner-Institution for the block period 2025-26, pending disposal of the Writ Petition, in the interest of justice Counsel for the Petitioner: 1 .SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION The Court made the following: 3 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 21438 of 2025 ORDER: - Heard arguments of Sri Mathukumilli Srivijay, Learned Counsel for Writ Petitioner, Sri Rama Chandra Rao Gurram. Learned Government Pleader for Higher Education and Sri Vivekananda Virupaksha, Learned Standing Counsel for Respondent No.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 Respondents in not determining and notifying the tuition fee to the petitioner institution for the course of M. Tech for the block period 2025-26, despite granting of statutory permission from the competent authorities, 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 Respondents to determine the fee structure for the Petitioner institution and notify the same and issue such other writ or order 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 ParagraphNo. 13 of its Order dated 21.06.2023 would serve the purpose and based on such directions, the present Writ Petition can be disposed of. Learned Counsel for Writ Petitioner also placed on record another similar Order passed by a Learned Single Bench of this Court in 2. or 3. 4. 4 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 regard to 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. Accordingly, 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 the 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 and the correct fee would be fixed by the Commission after due processing of the data submitted by the college. 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 5 f counselling in APEAMCET courses for the present Academic Year 2025-26. vi. The State Government, shall caution the students, taking admission into the 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. With the above directions, the present Writ Petition is disposed of. 7. No costs. Miscellaneous petitions, pending, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER To, 1. The Principal Secretary to Government Department of Higher Education, State of Andhra Pradesh, Tulluru, Secretariat Buildings Velagapudi, Guntur District. 2. The Member-Secretary, Andhra Pradesh Higher Education Regulatory and Monitoring Commission, Government of Andhra Pradesh Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16, Guntur District- 522501. 3. One CC to Sri Sri Vijay Mathukumilli, Advocate [OPUC] 4. Two CCs to GP for Higher Education, High Court of Andhra Pradesh [OUT] 5. One CC to Sri Vivekananda Virupaksha, SC for APHERMC (OPUC) 6. Two CD Copies Tadepalli, Cnr HIGH COURT DATED: 13/08/2025 ORDER WP NO. 21438 OF 2025 r\ (- ^ I, AUb LMa Current Secuon ^ DISPOSING OF THE W.P. WITHOUT COSTS