'I' APHC010531802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction),/ TUESDAY, THE SEVENTH DAY OF OCTOBER^^ TWO THOUSAND AND TWENTY FIVE v PRESENT / THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 27492 OF 2025 / Between: Sri Gopalaswamy College of Physical Education, Rep by its Correspondent Sri Shaik Subfian Basha, Siddavalam, Kadapa, Andhra Pradesh - 516237. ...Petitioner AND 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- Secretary 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH- 16, Tadepalli, Guntur District - 522501. ...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 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 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 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: SRI SRI VIJAY MATHUKUMILLI Counsel for the Respondents No.1, 2: GP FOR HIGHER EDUCATION The Court made the following order: APHC010531802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 27492/2025 Between; 1 SRI GOPALASWAMY COLLEGE OF PHYSICAL EDUCATION, REP BY ITS CORRESPONDENT SRI. SHAIK SUBHAN BASHA SIDDAVATAM, KADAPA, ANDHRA PRADESH - 516237. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER BUILDINGS TULLURU, SECRETARIAT 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. ...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 tuition fee to the Petitioner institution for the block period 2025-26, despite granting of statutory permission from the competent authorities, as being arbitrary, illegal and violative of Articles of the Constitution of India and violative of A.P. Educational (Regulations of Admissions and Prohibition of Capitation Fee) Andhra Pradesh Higher Education Monitoring and 14 and 19 Institutions Act 1983 and the 2 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. Counsel for the Petitioner: 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent{S): 1.GP FOR HIGHER EDUCATION The Court made the following: 3 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; - 2. “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 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 or 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 Paragraph No.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. 3. 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. 4. 5. Having regard to the directions of the Division by the Learned Single Judge, this Court deems f 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, Bench, as followed it appropriate to dispose i. The petitioner/college is directed to furnish all the data required by the Commission for fixing the fee for the block 2025-26 to 2026-27 along with representation (if paying the processing fee with penalty notification within a period of one week from as period not submitted) by as suggested in the today. li. On receipt of the same, the Commission is directed to process the representation of the petitioner, immediateiy on or before commencement of the upcoming counseling. iir The State and the Commission are directed to receive the relevant data submitted by the petitioner/college dated 30.06.2022 and the Commission shall that can be collected by the college(s), for the as per notification tentatively fix the fee 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 fee and the correct fee would be fixed by the Commission processing of the data submitted by the college. V. After receiving the request from the Commission, the State Government shall display the petitioner/college colleges at official website for counselling in APEAMCET 2025-26. as a tentative after due in the list of participating in the upcoming web courses for the present Academic Year 5 f 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. 6. No costs. Miscellaneous petitions, pending, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT^^GISTRAR //TRUE COPY// » ■ ■ SECTION OFFICER To, 1. The Principal Secretary, Sta^ of Andhra Pradesh, Department of Higher Education, Tulluru, Secretariat Buildings, Velagapudi, Guntur District. 2. 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. 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. Two CD Copies gsg HIGH COURT DATED:07/10/2025 ORDER WP NO. 27492 OF 2025 AI % O' s fl7 OCT 2025 m Co.* . Currerii aeciion fe^SPATCW®? * ^ DISPOSING THE WP WITHOUT COSTS