IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26853 OF 2024 Between: SBVR Agricultural College, Rep by its Correspondent Sri. B Ramalakshmi Reddy Badvel, Kadapa District, Andhra Pradesh ...PETITIONER AND 1. The State Of Andhra Pradesh, Represented by its Special Chief Secretary Agriculture and Cooperation (Agri-Ill) Department Secretariat Tullur, 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 Mdhendra Enclave NRI Block (C-Block). NH- 16, Tadepalli, Guntur District - 522501 3. The Acharya N.G. Ranga Agriculture University, Rep by its Registrar, Administrative Office, Lam Village, Guntur District, Andhra Pradesh 522 034 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 1st Respondent in rejecting the case of the Petitioner, for review of the fee structure for the block period 2023- 24 to 2025-26 as notified through GO Ms No. 56, Aand C (Agri.lll) Department, dated 05-10-2023, without any personal hearing as directed by this Honourable Court in WP No. 27956 of 2023, as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of the provisions of the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act 2019 and Rules framed therd under and consequently set aside the GO vide GO Ms No. 56, A and C (Agri.lll) Department, dated 05-10-2023. lA NO: 1 OF 2024 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 1®‘ and 2"^^ Respondents to revise the fee structure of the Petitioner institution duly following the procedure contemplated under the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act 20 of 2019 and Rules framed thereunder, pending Writ Petition, in the interest of justice. Counsel for the Petitioner(s): SRI. Counsel for the Petitioner(s): SRI. SRI VIJAY MATHUKUMILLI Counsel for the Respondent No.1: GP FOR AGRICULTURE Counsel for the Respondent No.2: SRI C SUDESH ANAND Counsel for the Respondent No.3;— The Court made the following: ORDER APHC010516302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26853/2024 Between: Sbvr Agricultural College ...PETITIONER AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner: 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.C SUDESH ANAND 2.GP FOR AGRICULTURE 3.S PRANATHI The Court made the following order: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “ to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 1 Respondent in rejecting the case of the Petitioner, for review of the fee structure for the block period 2023-24 to 2025-2026 as notified through G.O. Ms.No.56, A and C (Agri.lll) Department, dated 05.10.2023, without any personal hearing as directed by this Hon’ble Court in W.P. No.27956 of 2023, as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of the provisions of the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act 2019 and Rules framed there under and consequently set aside the GO vide GO Ms No.56, A and C (Agri III) Department, dated 05.10.2023 and issue such other order or orders ....” St Heard learned counsel for the petitioner and learned 2. counsel for the respondents. The petitioner institution previously filed W.P. No; 27956 of 2023 impugning GO Ms No 56 Agriculture and Cooperation (Agri.lll) Department dated 05-10-2023 whereby and where under the tuition fee of the private unaided Agricultural colleges are notified by drastically decreasing the quantum of fee as per the of the 2nd Respondent Regulatory C^mmiss'iOii without following due procedure and not giving opportunity of personal hearing as being arbitrary illegal and 3. recommendations r 2 violative of Articles 14 and 19 of the Constitution of India and violative of the provisions of the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act 2019 and Rules (for short herein after called as act) framed there under and consequently prayed to set aside the impugned GO 4. Accordingly, review petition was filed before the 1®^ respondent and the 1®‘ respondent passed impugned order dated 25.10.2024 observing that the Government has once again reviewed the matter as per the Rules and Regulations of the Act and the Government have considered that there are no reasons or grounds for reviewing the fee already fixed in G.O.Ms.No.56, A&C (Agri.ll) dated 05.10.2023, for B.Sc(Hons) Agriculture programme, offered by SVBR Agriculture College, Badvel, Kadapa District. Examining the impugned order, dated 25-10-2024, that does not contain the reasons and without providing a chance for a hearing and there should be a full application of mind by the authorities before passing “the impugned order reveals that there are no grounds to review the order” as such, the same would be in violation of the principles of natural justice. Therefore the impugned order is liable to be set aside. 5. \ \ 3 Accordingly the impugned order is hereby set aside and it 6. is remanded back, to the 1st respondent with a direction to afford a reasonable opportunity, to the petitioner to submit the institution version, and then decide the same afresh, on merits, in accordance with the provisions of the Act. In the event that the 1st respondent is unable to resolve the matter and the act allows for a remand, then the 1st respondent may remand the issue to the Fee Regulatory Commission to decide the matter afresh if necessary or required. With the above directions, the Writ Petition is disposed of. 7. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR ^ SECTION OFFICER //TRUE COPY// To, The Special Chief Secretary Agriculture and Cooperation (Agri-Ill) Department Secretariat, Tullur, Velagapudi, Guntur District The Member-Secretary, Andhra Pradesh Higher Education Regulatory and Monitoring Commission, Government of Andhra Pradesh 3rd Floor, Sree Mahendra Enclave NRI Block (C-Block). NH-16, Tadepalli, Guntur District - 522501 1. 2. 3. The Acharya N.G. Ranga Agriculture University, Rep by its Registrar, Administrative Office, Lam Village, Guntur District, Andhra Pradesh 522 034 One CC to Sri Vijay Mathukumilli Advocate [OPUC] Two CCs to GP for Agriculture, High Court of Andhra Pradesh [OUT] One CC to Sri C Sudesh Anand, Advocate [OPUC] One CC to M/s S Pranathi, Advocate [OPUC] Three CD Copies 4. 5. 6. 7. 8. AL 'll HIGH COURT DATED:07/01/2025 ORDER WP.No.26853 of 2024 2 5 FEB 2025 ^ . Curretu Secuon ^ DISPOSING OF THE WP WITHOUT COSTS