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2025 DAILYLAW 5878 (AP)

DR ANJIREDDY COLLEGE OF PHYSIOTHERAPY v. THE STATE OF ANDHRA PRADESH

WP/2832/2025 · 2025-02-04

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2832 OF 2025 Between: Dr. Anjireddy College Of Physiotherapy, Piduguralla, Guntur District, AP. Rep by its correspondent Jagurothula Bhaskara about 44 years, Occ Correspondent, 20C-4-9, Ramalam Street Nagar, Eluru. rao, S/o Ratnam, Aged Gandhi ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the PrI. Secretary Medical and Family Welfare Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHER and MC), Rep by its Member-Secretary 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District - 522501. 3. Dr. NTR University of Heaith Science, Rep by its Registrar, Vijayawada, NTR District. Health ...RESPONDENTS Petition under Articie 226 of the Constitution of india is fiied praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pleased to issue any writ, order or direction more particularly in the nature of WRiT OF MANDAMUS declaring the action of the 2 one nd respondent in refusing to receive the processing charge to fix the fee for the block period 2024-25 to 2025-26 as illegal and violative of Articles 14 and 19(l)(g) of the Constitution of India and consequently direct the 2nd respondent to receive the processing fee from the petitioner, fix fee and forward its recommendations to the 3rd respondent to issue a government order fixing the fee for the block period 2024-25 to 2025- 26 on par with the other institutions mentioned in G.O.Ms.No.141 dated 31.8.2023 and allow the petitioner institution to spot admissions. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"'^ respondent to receive the processing fee and forward its recommendations to the 3'^'^ respondent for fixing the fee for the block period 2024-25 to 2025- 26, and allow the petitioner institution to spot admissions and pending disposed of the writ petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No.1: GP FOR MEDICAL, HEALTH AND FAMILY WELFARE Counsel for the Respondent No.2: SRI SURESH ANAND, SC FOR APHERMC Counsel for the Respondent No.3: M/s. T.V. SRIDEVI, SC FOR DR. NTR UNIVERSITY OF HEALTH SCIENCE The Court made the following: ORDER THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2832/2025 APHC010052232025 IN [3330] ■■■ THE Between; Dr Anjireddy College Of Physiotherapy ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .SIVAPRASAD REDDY VENATl Counsel for the Respondent{S): 1.GP FOR MED HEALTH AND FAMILY WELFARE 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s;- ,pleased to issue any writ, order or direction more the nature of WRIT OF of the 2' particularly MANDAMUS declaring the action respondent in refusing to receive the processing charge to fix the fee for the block period 2024-25 to 2025-26 as illegal and violative of Articles 14 and 19(^)(9) 0^ Constitution of India and consequently direct the 2"^^ respondent to receive the processing fee from the petitioner, fix fee and forward its recommendations to the respondent to issue a government order fixing the fee for the block period 2024-25 to 2025-26 on par with the other institutions mentioned in G.O.Ms.No.141 dated 31.8.2023 and allow the petitioner institution to spot admissions and pass such other order or orders....” one in nd learned counsel for the petitioner and learned counsel for 2. Heard the respondents. learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 09.01.2025 passed by this Court in W.P.No.696 of 2025. learned counsel for the respondents did not refute the said 3. The 4. The submission. alike in the aforesaid order, of the Writ Petition in terms of In view of the same, for the reasons 5. this Court is inclined to dispose W.P.No.696 of 2025, dated 09.01.2025. 3 P 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 7. Registry is directed to attach a copy of the order dated 09.01.2025 passed in W.P.No.696 of 2025 to this order. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- B.CHITTI JOSEPH ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Member-Secretary, Andhra Pradesh Higher Education, Regulatory ahd Monitoring Commission (APHER and MC), 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District - 522501. 3. The Registrar, Dr. NTR University of Health Science, Vijayawada, NTR District. 4. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 5. One CC to Sri Suresh Anand, SC for APHERMC[OPUC] 6. One CC to M/s. T.V. Sridevi, SC for Dr. NTR University of Health Science[OPUC] 7. Two CCs to GP for Medical, Health & Family Welfare, High Court of Andhra Pradesh. [OUT 8. Three CD Copies. (Along with a copy of the order dated 09.01.2025 in W.P.No.696 of 2025 to this order) ssb r/ HIGH COURT DATED:04/02/2025 ORDER WP.No.2832 of 2025 X 0 7 FEB 2025 } ^ Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS 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 Counsel for the Petitioner: 1.SRICHARAN TELAPROLU Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION ...RESPONDENT(S) The Court made the following order: 2 P THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.696 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 2"'^ 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 3''^ Respondent in not forwarding the Petitioner Institution to the 4‘^ 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 5^^ Respondent, as illegal, arbitrary and in violation of Article 14 and 30(1) of the Constitution of India and consequently direct the 7®^ and 2 respondents to notify the minimum fee for the Academic years 2024-25 and 2025-26 and the 3^^ Respondent to forward the intake of 100 seats in B.Ed., Programme of the Petitioner Institution to the 4'^ 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. ” nd Learned counsel for the petitioner would submit that the present 2. writ petition is covered by the judgment and guidelines ordered by the 3 in W.A.No.607 of 2023, wherein writ appeal vide its order, Bench of this Hon’ble Court in has disposed the said Division this Hon’ble Court 06.2023 with the following directions dated 21. the fee that can be offered by the appellant shall tentatively, fix respondent, for the courses “1) The collected by the 1 with the minimum fee that is respondent in its college, on par in me co/feges in the State, and recommend the 1 being fixed in same to the 2 respondent State in two days. nd fee fixed shall be treated as a tentative fixed by the appellant after due submitted by the 1st respondent. 2) The said minimum and the correct fee would be fee processing of the data nd the appellant, the 2 in the list of the request from 3) After receiving respondent shall display the f respondenl-cotlege m co/teges at official website for participating UG courses for the present Academic Year OAMDC. in the counseling m 2023-24 through shall caution the offered by the respondent State Government, into the courses nd 4) The 2 students taking admission said students that the fee shown in collected initially, is a further change depending respondent by informing the the admission process, which is being fee and shall be subject to would be fixed by the appellant. tentative upon the final fee that ina for the respondents also not refuted Learned counsel appearing 3. learned counsel for the petitioner the submission of the disposed of in terms of the 4. Therefore, the present Writ Petition is order, dated 21.06.2023 passed by the Division ion Bench of this Hon’ble Court directs the 2023, additionally this Court in W.A.No.607 of respondents may collect by the petitioner of the final fee that can also consider early fixation block period 2023-24 to -institution for the 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 shall stand closed. There shall be no order as to costs. if any, JUSTICE TARLADA RAJASEKHAR RAO Date ; 09.01.2025 SPP