IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3144 OF 2025 Between: Thandra Paparaya College of Education, Institution Code. TPIB Komatapalli Bobbin (M), Vizianagaram District. 535558. A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Higher Education Department, 1®* 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 3^^ Floor Sree Mahendra Enclave NR1 Block C-Block- NH16 - Tadepalli - Guntur District 522501 3. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Chairman Niladri Towers, 6'^ Battalion Road, Mangalagiri, Guntur District, Andhra Pradesh 4. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Secretary Niladri Towers, 6‘^ Battalion Road, Mangalagiri, Guntur District, Andhra Pradesh. 5. The Convenor, A.P. Ed CET-2024 Admissions, The Andhra Pradesh State Council of Higher Education (APSCHE), 3^^ 4‘^ 5*'^ floors. Neeladri Towers, Sri Ram Nagar, 6*^ Battalion Road, Atmakur Village, Mangalagiri Mandal, Guntur District. 6. Andhra University, Rep by its Registrar Andhra University South Campus Visakhapatnam Andhra Pradesh 530003. ...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 2 nd Respondent, Regulatory Commission in not determining the fee structure for the block period 2024- 25 to 2025-26 for B.Ed., course 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 2^^ Respondent despite the knowledge that affiliation has been granted only on 31-01-2025 and the representations made by the Petitioners on 03-01-2025 has not been considered, 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 A. 2"'^ Respondents to determine and notify the fee structure for the Petitioner institutions and B. 3'^'^ and 6‘^ Respondents to permit the Petitioners to submit the applications and upload the documents, physically, in terms of the order dated 27-01- 2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased maybe pleased to direct the 2 nd Respondent Regulatory Commission to determine the minimum fee structure for the Petitioner Institution for the block period 2024-25 to 2025-26, in the interest of justice. lA 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 V 9^ pleased to direct the 3"'^ and Respondent authorities to allow the Petitioner to submit the documents through off line mode, in accordance with the letter dated 27-01-2025 with regard to swapping the methodology of the students so as to save the academic year of the students and ensuring the viability of the Petitioner's instituted protected, in the interest of justice. Counsel for the Petitioner : SRI TAGORE YADAV YARAGORLA Counsel for the Respondent No.1 : GP FOR HIGHER EDUCATION Counsel for the Respondent No.2 : SRI C. SUDESH ANAND, SC FOR APSCRMC Counsel for the Respondent Nos.3 to 5 : Ms. S. PARINEETA, SC FOR APSCHE Counsel for the Respondent No.6 : NONE APPEARED The Court made the following: ORDER APHC010057362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WM THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3144/2025 Between; Thandra Paparaya College Of Education AND The State Of Andhra Pradesh and Others ...PETITIONER ...RESPONDENT(S) Counsel for the Petitioner: 1 .TAGORE YADAV YARAGORLA Counsel for the Respondent(S): 1.GP FOR EDUCATION f •' 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 2^'^ Respondent, Regulatory Commission in not determining the fee structure for the block period 2024-25 to 2025-26 for B.Ed. 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 2^^ Respondent despite the knowledge that affiliation has been granted only on 31- 01-2025 and the representations made by the Petitioners on 03-01-2025 has not been considered, 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 A. 2^^ Respondent to determine and notify the fee structure for the Petitioner institutions and B. 3f^ and 6'^ Respondents to permit the Petitioners to submit the applications and upload the documents, physically, in terms of the order dated 27-01-2025, and issue such other order or orders... ” course 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. During hearing, learned counsel for the petitioner and learned counsel appearing for the respondents would submit that in similar set of circumstances, this Court passed an order in W.P.No. 15088 of 2024 dated 22.07.2024 and requested this Court to issue similar directions in i this Writ Petition also. ^ 3 In view of the specific request made by learned counsel for the petitioner and learned counsel for the respondents, let there be a similar order passed in W.P.No.15088 of 2024 dated 22.07.2024 in this case also. 4. 5. Hence, the Writ Petition is disposed of with the following directions: i. The petitioner(s)/college(s) is/are directed to furnish all the data as required by the Commission for fixing the fee for the block period 2024-25 to 2025-26 along with representation (if 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(s,) immediately on or before commencement of the upcoming counseling, iii. The State and Commission are directed to receive the relevant data submitted by the petitioner(s)/college(s) notification and the Commission shall tentatively fix the fee that can be collected by the college(s), for the courses offered 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. not as per the on par 4 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(s)/college(s) in the list of colleges at official website for participating in the upcoming web counselling in various courses for the present Academic Year 2024-25. The State Government, shall caution the students, taking VI. 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 2024-25 to 2025-26. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// K. \ SECTION OFFICER To 1. The Principal Secretary, Higher Education Department, State of Andhra St Floor, IVth Block, A.P. Secretariat, Velagapudi, Amaravati, Pradesh, 1 Guntur District. 2. The Member Secretary, Andhra Pradesh Higher Education Regulatory and Monitoring Commission, Government of Andhra Pradesh, 3'"'^ Floor Sree Mahendra Enclave NR1 Block C-Block- NH16 -Tadepalli - Guntur District 522501. 3. The Chairman, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Niladri Towers, S**" Battalion Road,’ Mangalagiri, Guntur District, Andhra Pradesh. 4. The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Niladri Towers, 6*'^ Battalion Road,’ Mangalagiri, Guntur District, Andhra Pradesh. 5. The Convenor, A.P. Ed CET-2024 Admissions, The Andhra Pradesh State Council of Higher Education (APSCHE), 3'^ 4‘^ 5*^ floors. Neeladri Towers, Sri Ram Nagar, 6‘^ Battalion Road, Atmakur Village Mangalagiri Mandal, Guntur District. 6. The Registrar, Andhra University, Andhra University South Campus Visakhapatnam Andhra Pradesh 530003. 7. OneCCto Sri Tagore Yadav Yaragorla, Advocate [OPUC] 8. Two CCs to GP for Higher Education, High Court of Andhra Pradesh [OUT] 9. One CC to Sri C. Sudesh Anand, SC for APSCRMC (OPUC) 10.One CC to Ms. S. Parineeta, SC for APSCHE (OPUC) 11 .Three C.D. Copies. Cnr HIGH COURT DATED:06/02/2025 ORDER WP.No.3144 of 2025 f eB - if DESP^^t Secv‘0*' DISPOSING THE W.P. WITHOUT COSTS