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2025 DAILYLAW 3203 (AP)

ST MARYS B.Ed COLLEGE v. THE STATE OF AP

WP/696/2025 · 2025-01-09

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010013262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 696/2025 Between: St Marys B.Ed College ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRICHARAN TELAPROLU Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.696 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the i. action of the 2nd Respondent in not allowing the Petitioner to submit the fee proposal for fixation of fee to B.Ed Programme for the remaining years of the block period (2023-24 to 2025-26) i.e., 2024-25 and 2025-26; ii. action of the 3rd Respondent in not forwarding the Petitioner Institution to the 4th Respondent enabling the Petitioner Institution for making admissions into B.Ed. Programme for 100 seats for the Academic Year 2024-25 on the premise that the Respondents has not fixed the tuition fee, despite the affiliation granted by the 5th Respondent, as illegal, arbitrary and in violation of Article 14 and 30(1) of the Constitution of India and consequently direct the 1st and 2nd respondents to notify the minimum fee for the Academic years 2024-25 and 2025-26 and the 3rd Respondent to forward the intake of 100 seats in B.Ed., Programme of the Petitioner Institution to the 4th Respondent enabling the Petitioner institution to make admissions for the Academic Year 2024-25 by conducting special round of counseling and/or to permit the Petitioner to admit the students into B.Ed. course for the academic year through spot admission, duly considering the representations dt.29-12-2024 submitted on 30-12-2024 and pass such other order or orders as are deemed fit and proper in the circumstances of the case.” 2. Learned counsel for the petitioner would submit that the present writ petition is covered by the judgment and guidelines ordered by the 3 Division Bench of this Hon’ble Court in W.A.No.607 of 2023, wherein this Hon’ble Court has disposed the said writ appeal vide its order, dated 21.06.2023 with the following directions: “1) The appellant shall tentatively, fix the fee that can be collected by the 1st respondent, for the courses offered by the 1st respondent in its college, on par with the minimum fee that is being fixed in the colleges in the State, and recommend the same to the 2nd respondent State in two days. 2) The said minimum fee fixed shall be treated as a tentative fee and the correct fee would be fixed by the appellant after due processing of the data submitted by the 1st respondent. 3) After receiving the request from the appellant, the 2nd respondent shall display the 1st respondent-college in the list of colleges at official website for participating in the counseling in UG courses for the present Academic Year 2023-24 through OAMDC. 4) The 2nd respondent State Government, shall caution the students taking admission into the courses offered by the 1st respondent by informing the said 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 appellant.” 3. Learned counsel appearing for the respondents also not refuted the submission of the learned counsel for the petitioner. 4. Therefore, the present Writ Petition is disposed of in terms of the order, dated 21.06.2023 passed by the Division Bench of this Hon’ble Court in W.A.No.607 of 2023, additionally this Court directs the respondents may also consider early fixation of the final fee that can collect by the petitioner-institution for the block period 2023-24 to 4 2025-2026 and this Court further directs the respondents to allow the petitioner institution for spot admissions. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 09.01.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 696 of 2025 Date : 09.01.2025 SPP