APHC010440002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22862/2025 Between: 1. CHEGIREDDY LINGAREDDY INSTITUTE OF MANAGEMENT,,, KANDULAPURAM, CUMBUM, PRAKASAM DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE DONTHIREDDY RAJAGOPAL REDDY, S/O BALA KRISHNA REDDY, AGED ABOUT 57 YEARS, R/O D.NO.81 - A - 7 - 20, RAGHAVENDRA NAGAR COLLEGE ROAD, MARKAPUR, PRAKASAM DISTRIC ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, 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. 3. THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, REP BY ITS MEMBER SECRETARY, NEELADRI TOWERS, 6TH BATTALIAN ROAD, MANGALAGIRI, ANDHRA PRADESH, 522503. 2 SRK,J W.P.No.22862 of 2025 4. THE CONVENOR, APEAPCET 2025 ADMISSIONS, D NO 11307, GARUDADRI KK TOWERS. FLAT NO 501,5TH FLOOR, LAKSHMI NARASIMHA COLONY, BYPASS ROAD, NEAR DR YSR AAROGYASRI HEALTHCARE TRUST, MANGALAGIRI, GUNTUR DISTRICT, 522 503. ...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 topleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Andhra Pradesh Monitoring and Regulatory Commission (Respondent No.2) in not determining the fee structure for the block period 2025-26 for the MBA course 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 and the action of the Respondent Nos 3 and 4 in not permitting the Petitioner to participate in the counselling as being arbitrary illegal and violative of Articles 14 and 19 of the Constitution of India 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 2nd Respondent to determine the fee structure for the Petitioner institution and to direct the Respondent Nos.3 and 4 to permit the Petitioner to participate in the Counselling and issue Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION The Court made the following: 3 SRK,J W.P.No.22862 of 2025 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION No.22862 of 2025 ORDER: Heard arguments of Sri Varun Byreddy, learned Counsel for Writ Petitioner and learned Assistant Government Pleader appearing for Higher Education. 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 for the MBA course 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 and the action of the respondent Nos.3 and 4 in not permitting the petitioner to participate in the counselling 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 2nd Respondent to determine the fee structure for the Petitioner institution and to direct the respondent Nos.3 and 4 to permit the petitioner to participate in the counseling and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.” 3. 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 4 SRK,J W.P.No.22862 of 2025 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. 4. 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. 6. 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 along 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 5 SRK,J W.P.No.22862 of 2025 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 counselling in APEAPCET 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. 7. With the above directions, the present Writ Petition is disposed of. No costs. 6 SRK,J W.P.No.22862 of 2025 8. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ______________ ___ JUSTICE K.SREENIVASA REDDY 30th August, 2025. sj 7 SRK,J W.P.No.22862 of 2025 77 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22862 of 2025 Date: 30.08.2025 sj