Andhra Pradesh High Court - Amravati
C.S.I. Rayalaseema Diocese Institute ... vs The State Of Andhra Pradesh, on 6 September, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.23347 of 2023
ORDER:
1. This Writ Petition is filed to declare the action of the 1st and 2nd Respondents in eliminating the Petitioner PG College from participating in the online Web Counseling being conducted by the 3rd Respondent by not including the name of the Petitioner MBA College in G.O.Ms.No.49 A.P. Higher Education (RM) Department dated 17.08.2023 and eliminating Petitioner MBA College from participating in the Web Counselling by issuing G.O.Ms.No.49 Higher Education (RM) Department dated 17.08.2023 as illegal, arbitrary and violative of Principles of Natural Justice consequently to direct the Respondents to allow the Petitioner PG College to participate in the Web Counselling to be issued shortly by the 3rd Respondent for admission of students in MBA course offered by the Petitioner PG College in the interest of justice and to direct the 1st and 2nd Respondents to receive the relevant data of the Petitioner PG College and also the audited financial statements and other relevant information and to determine the fees structure.
2. The case of the petitioner is that, the petitioner/college is catering to the educational needs of the rural youth for the last several years and the petitioner college is having Recognition of the All India Council for Technical Education, New Delhi. The 1st Respondent issued G.O.Ms.No.49 Higher Education (RM) Department, dated 17.08.2023, eliminating the 2 NV, J W.P.No.23347 of 2023 petitioner-college by not including the petitioner/college in G.O.Ms.No.48 Higher Education (RM) Department, dated 17.08.2023, for fixation of fee structure for MBA and MCA programmes offered by the private un-aided professional higher education institutions in the State of Andhra Pradesh for the block period 2023-24 to 2025-26.
3. Learned counsel for the petitioner submits that as per the notification dated 30.06.2022, the managements of all the Private Un-aided and Aided Higher Educational Institutions are required to submit the relevant data from 01.07.2022 to 31.08.2022. He further submits that as per the notification last date for online submission of data without penalty was 31.08.2022. Thereafter, the APSCHE issued a circular dated 22.09.2022, extending the date for payment of processing fee without penalty till 10.10.2022 and closing date for payment of processing fee with penalty, was fixed as the last day of counselling by the concerned competent authority.
4. Learned counsel for the petitioner further submits that now the petitioner's institution is ready to furnish all the relevant data of the petitioner/college like audited financial statements and other relevant information, but the respondents are not allowing the petitioner to furnish the same. Hence, requested this Court to allow the petitioner's college to participate in the web counselling process for the academic years 2023-24 to 2025-26, on par with other institutions.
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5. Learned Standing Counsel for the Commission submits that the request of the petitioner can be considered on par with other applications for the Academic years 2023-24 to 2025-26, upon furnishing all relevant information. He further submits that in the instant case the petitioner has not submitted any data as required and not approached before the date of counselling, as such the order of Division Bench is not applicable.
6. Heard Sri S.S. Bhatt, learned counsel for the petitioner, Sri C. Sudesh Anand, learned Standing Counsel appearing for the 2nd Respondent and learned Government Pleader for Higher Education.
7. However, during hearing, learned counsel for the petitioner further submits that in similar facts and circumstances, Hon'ble Division Bench of this Court passed an order in Writ Appeal No.607 of 2023, dated 21.06.2023 and requested this Hon'ble Court to pass an order with similar directions in this Writ Petition also. The same is not disputed by learned Government Pleader for Higher Education and learned Standing Counsel for the respondents.
8. In view of the submissions made by learned counsel for the petitioner, concession given by learned Government Pleader for Higher Education and learned Standing Counsel for respondents, this Writ Petition is disposed of with the following directions:
i. The petitioner college is directed furnish all the data as required by the Commission for fixing the fee for the block period 2023-24 to 2025-26 within a period of one week.
4 NV, J W.P.No.23347 of 2023 ii. The 1st and 2nd Respondents 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, for the courses offered in its college, 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 two days.
iii. 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.
iv. 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 web counselling in MBA and MCA courses for the present Academic Year 2023-24. v. 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 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. vi. The Commission may also consider early fixation of the final fee that can be collected by the petitioner/college for the block period 2023- 24 to 2025-26.
There shall be no order as to costs. Miscellaneous petitions, if any, pending in this case, shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J Date: 06.09.2023 Note:-Issue CC by 08.09.2023 B/o SSN 5 NV, J W.P.No.23347 of 2023 49 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.23347 of 2023 Date: 06.09.2023 U Issue CC by 08.09.2023 SSN