APHC010426312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 18th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23104 OF 2026 Between: 1. AKSHAY DEGREE COLLEGE, Rep by its President Sri. Sumalapu Vijaya Kumar S/o Subbanna D. No. 16-375-1, Devuni Kadapa, Kadapa Mandal, Cuddapah District, Andhra Pradesh- 516002. ...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.522238 2. The Andhra Pradesh Higher Education Fee Regulatory and Monitoring Committee, Government of Andhra Pradesh Rep by its Member-Secretary 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16, Tadepalli, Guntur District - 522501. 3. The Commissioner of Higher Education, O/o Commissionerate of Higher Education, Ground and Second Floors, Garudadri KK Towers, Sri Lakshmi Narasimha Colony, Mangalagiri - 522503 Guntur Dt., Andhra Pradesh. ...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 2 declaring the action of the Respondents in not determining and notifying the tuition fee to the Petitioner institution for the degree courses for the block period 2026- 27 to 2028-29, 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 1 and 3 to permit the Petitioner institution to participate in the online counselling for the academic year 2026-27 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. 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 degree courses for the block period 2026- 27 to 2028-29, 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 1 and 3 to permit the Petitioner institution to participate in the online counselling for the academic year 2026-27 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. and to pass IA NO: 1 OF 2026 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 and notify the fee structure for the Petitioner-Institution for the block period 2026-27 to 2028-29, pending disposal of the Writ Petition, in the interest of justice and pass such order or 3 orders as deemed fit and proper in the circumstances of case. pending disposal of the above writ petition and to pass Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI Counsel for the Respondents: GP FOR HIGHER EDUCATION Counsel for the Respondents: VIVEKANANDA VIRUPAKSHA The Court made the following Order: Heard Sri Vijay Mathukumilli, learned counsel for the petitioner, learned Assistant Government Pleader for Higher Education and Sri Vivekananda Virupaksha, learned Standing Counsel for the respondent No.2. 2. Aggrieved by the action of the respondents in not determining and notifying the fee structure to the petitioner institution for the Degree courses that are offered by it for the academic year 2026-27 to 2028-29, the instant Writ Petition is filed. The petitioner consequentially sought for a direction to the respondent Nos.1 & 3 to permit the petitioner institution to participate in the online counseling for the academic year 2026-27. 3. When the matter has been taken up for consideration today, learned Standing Counsel for the respondent No.2 has placed before the Court a copy of the proceedings issued by the respondent No.1 in G.O.Rt.No.183 dated 07- 08-2026, whereunder, pending further determination of the fee by the AP Higher Education Regulatory Monitoring Committee (APHERMC), the Government has issued a notification to be published in the official Gazette fixing the interim base (Floor Fee) for the courses of Under Graduate Degree Programmes namely B.A., B.Com, B.Sc., etc., run by private un-aided 4 institutions for the academic year 2026-27detailed under annexure-I appended to the G.O. 4. Learned counsel for the petitioner submits that the course(s) that has been offered by the petitioner are Sl.Nos.1 & 2 of the annexure appended to the said G.O and prays for a direction accordingly. 5. Having regard to the said G.O.Rt.No.183, the respondent Nos.1 & 2 are directed to pass appropriate orders in the case of the petitioner in terms of the said G.O.Rt.No.183 dated 07-08-2026, within a period of four (04) weeks from the date of receipt of this order. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 18-08-2026 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23104 OF 2026 Dated: 18-08-2026 MSI