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2025 DAILYLAW 57197 (AP)

NAIK COLLEGE OF EDUCATION v. THE STATE OF AP

WP/27543/2025 · 2025-10-08

K Sreenivasa Reddy

body2025

Judgment text

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APHC010528832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 27543 OF 2025 Between: 1. NAIK COLLEGE OF EDUCATION, Institution Code NAIK NH- 7, Dupadu Village, Kurnool District. 518 218, Andhra Pradesh, Rep by its Correspondent, Sri. M.Abdul Mannan, S/o. M.Mohmad Pasha, Aged about 38 years. ...Petitioner AND 1. THE STATE OF AP, Rep by its Principal Secretary, Higher Education Department, 1st Floor, IVth Block, A.P. Secretariat, Velagapudi, Amaravati, Guntur District 2. The Andhra Pradesh Higher Education Regulatory and Monitoring Commission, Government of Andhra Pradesh, Rep by its.. Member Secretary, 3rdFloor, Sree Mahendra Enclave, NRI Block, C-Block- NH16 -Tadepalli - Guntur District - 522501. 3. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep., by its Secretary, Niladri Towers, 6th Battalion Road, Mangalagiri, Guntur District, Andhra Pradesh. 4. The Convenor, APEDCET2025 Admissions 1st floor Directorate of Admissions Building Acharya Nagarjuna University Nagarjuna Nagar 522 510 Guntur District Andhra Pradesh, 5. The Rayalaseema University, Rep by its.. Registrar, Nandyala Road, Kurnool-518360, Kurnool District. ...Respondents SRK, J W.P.No.27543 of 2025 2 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 order or more particularly one in the nature of WRIT OF MANDAMUS (A), declaring the action of the 2nd Respondent, Regulatory Commission in not determining the fee structure for the block period 2025-26 to 2026-27 for B.Ed, courses being offered by the Petitioner Institution on the ground that the Petitioner did not pay the on time processing fee and submitted the data as notified by the 2nd Respondent 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 Regulatory and Monitoring Commission Act and Rules Regulations framed therein and consequently direct the (B). 2nd Respondents to determine and notify the fee structure for the Petitioner institution and (C). 3rd and 5th Respondents to permit the Petitioner to submit the applications and upload the documents physically. Counsel for the Petitioner: THOMMANDURU V SARADHI Counsel for the Respondents: GP FOR EDUCATION SRK, J W.P.No.27543 of 2025 3 The Court made the following ORDER: Heard arguments of Sri T. Vijaya Saradhi, learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Higher Education, Sri Vivekananda Virupaksha, learned Standing Counsel for Respondent No.2, Ms. K. Radhika learned Standing Counsel for respondent No.3, Sri M. Chalapathi, learned Standing Counsel for respondent No.4 and Ms. N. Vijaya Santhi, learned Standing Counsel for respondent No.5. 2. The present Writ Petition is filed seeking the following relief:- “to issue an appropriate writ order or more particularly one in the nature of WRIT OF MANDAMUS (A) declaring the action of 2nd respondent - Regulatory Commission in not determining the fee structure for the block period 2025-26 to 2026-27 for B.Ed., Courses being offered by the petitioner Institution on the ground that the petitioner did not pay the on time processing fee and submitted the data as notified by 2nd respondent as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of the AP Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fee) Act, 1983, and the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act and Rules and SRK, J W.P.No.27543 of 2025 4 Regulations framed therein and (B) consequently direct 2nd respondent to determine and notify the fee structure for the petitioner institution and (C) direct 3rd and 5th Respondents to permit the petitioner institution to submit the applications and upload the documents physically.” 3. Learned counsel for the Writ Petitioner and learned counsel for the 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. 4. Learned counsel for the 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. 5. Having regard to the directions of the Division Bench, as followed by the learned Single Judge, this Court deems it appropriate to dispose 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, SRK, J W.P.No.27543 of 2025 5 i. The petitioner/college is directed to furnish all the data as required by the Commission for fixing the fee for the block period 2025-26 to 2026-27 along with representation (if not submitted) by paying the processing fee with penalty as suggested in the notification within a period of one week from today. ii. On receipt of the same, the Commission is directed to process the representation of the petitioner, immediately on or before commencement of the upcoming counseling. iii. The State and the Commission are directed to receive the relevant data submitted by the petitioner/college as per notification dated 30.06.2022 and the Commission shall tentatively fix the fee that can be collected by the college(s), for the 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 as a tentative fee and the correct fee would be fixed by the Commission after due processing of the data submitted by the college. v. After receiving the request from the Commission, the State Government shall display the petitioner/college in the list of colleges at official website for participating in the upcoming web counselling in Degree courses for the present Academic Year 2025-26. vi. The State Government shall caution the students, taking admission into the courses offered by the college, by informing the students that the fee shown in the admission SRK, J W.P.No.27543 of 2025 6 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. 6. With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:09.10.2025 Nsr SRK, J W.P.No.27543 of 2025 7 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.27543 of 2025 Date:09.10.2025 Nsr