APHC010484652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24604/2025 Between: 1. MAHATMA GANDHI DEGREE COLLEGE, REP BY ITS CORRESPONDENT SRI. PERURI SOMARAJU ATREYAPURAM MANDAL KONASEEMA DISTRICT, ANDHRA PRADESH. ...PETITIONER A N D 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. ...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 on the ground that the tuition fee towards the Petitioner institution is not recommended for the block period 2023-24 to 2025-26 as the Petitioner institution is having less intake capacity i.e. 25 percent and the same is notified by the 1st Respondent vide GO Ms No. 24, Higher Education (RM) Department dated 14-07-2023 (serial No 149), despite ignoring the fact that the 2 Petitioner institution did not run for the previous block period till 2024- 25, 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 set aside the same and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. 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 suspend the impugned GO vide GO Ms No. 24, dated: 14-07-2023 (serial no 149) to the extent of the Petitioner, pending disposal of the Writ Petition, in the interest of justice and pass 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 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 pass Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. VIVEKANANDA VIRUPAKSHA The Court made the following: 3 O R D E R This Writ Petition has been filed seeking the following relief: “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 on the ground that the tuition fee towards the petitioner-Institution is not recommended for the block period 2023-24 to 2025-26 as the petitioner-Institution is having less intake capacity i.e. 25% and the same is notified by 1st respondent vide G.O.Ms.No.24, Higher Education (RM) Department, dated 14.07.2023 (Serial No.149), despite ignoring the fact that the petitioner-Institution did not run for the previous block period till 2024-25, as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of the Andhra Pradesh 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 set-aside the same and issue such other writ or order or direction…” 2. When the matter is taken up for hearing, Sri Mathukumilli Sri Vijay, learned counsel for the petitioner-Institution would submit that pursuant to the Order, dated 11.09.2025 passed by this Court, the Government has issued the Government Order and in view of the same, no orders are required to be passed in the present Writ Petition. 4 3. Recording the said submission, the Writ Petition is closed. There shall be no order as to costs. 4. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ______________ ___ JUSTICE K. SREENIVASA REDDY 9th October, 2025. DNB