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2025 DAILYLAW 31281 (AP)

Mahatma Gandhi Degree College v. The State of Andhra Pradesh

WP/23000/2025 · 2025-09-02

K Sreenivasa Reddy

body2025

Judgment text

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APHC010453012025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: Between: 1. MAHATMA GANDHI DEGREE COLLEGE, REP BY ITS CORRESPONDENT SRI. PERURI SOMARAJU ATREYAPURAM MANDAL KONASEEMA DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH HIGHER EDUCATION REGULATORY AND MONITORING COMMISSION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS MEMBER MAHENDRAENCLAVE, NRI BLOCK (C GUNTUR DISTRICT - Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court ma 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 block period 2025 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23000/2025 MAHATMA GANDHI DEGREE COLLEGE, REP BY ITS CORRESPONDENT SRI. PERURI SOMARAJU ATREYAPURAM MANDAL KONASEEMA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, THE ANDHRA PRADESH HIGHER EDUCATION REGULATORY AND MONITORING COMMISSION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS MEMBER-SECRETARY 3RD FLOOR, S MAHENDRAENCLAVE, NRI BLOCK (C-BLOCK). NH-16, TADEPALLI, - 522501 ...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 ma 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 block period 2025- tutory 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 IN THE HIGH COURT OF ANDHRA PRADESH [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY MAHATMA GANDHI DEGREE COLLEGE, REP BY ITS CORRESPONDENT SRI. PERURI SOMARAJU ATREYAPURAM ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, THE ANDHRA PRADESH HIGHER EDUCATION REGULATORY AND MONITORING COMMISSION, GOVERNMENT OF ANDHRA SECRETARY 3RD FLOOR, SREE 16, TADEPALLI, ...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 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 -26, despite tutory 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 2 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 IA 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 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 and pas IA NO: 2 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 to suspend the impugned GO vide GO Ms No. 24 Dated 14-07-2023, pending Writ Petition, in the interest of justice and pass Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. VIVEKANANDA VIRUPAKSHA 3 The Court made the following order: Sri Mathukumilli Srivijay, learned counsel for the petitioner, seeks permission to withdraw the Writ Petition with a liberty to file a fresh Writ Petition. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn, granting liberty to the petitioner to file a fresh Writ Petition. There shall be no order as to costs. As a sequel, Miscellaneous Petitions, if any pending in the Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 10.09.2025 MP 4 54 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23000/2025 Dated:10.09.2025 MP