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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U.DURGA PRASAD RAO, J
Chaitanya Educational Society – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.11327 of 2021
Decided On : 08-10-2021
APHERMC Rules, 2019 - Rule 8 - Teacher Education – Collage/University - Admission - Seeking permission to enter College - Seek writ of mandamus declaring - Right of management to establish and administer college including the right to fix fee has been upheld by Hon’ble Apex Court in a number of decisions such as State and Islamic Academy of Education State of While so respondent issued notification inviting proposals from private un-aided professional colleges to submit relevant for fixation of fee for block period - Petitioners have entered as per guidelines in previous year and they did not want to increase fee in block period and so petitioner did not enter - They made a representation seeking permission to enter college name present year’s list as per last year fee fixation.
Finding of the court :
In instant case no doubt petitioner institution has not responded to Notification issued by the APHERMC respondent while at same time petitioner uploaded data concerning to some of the professional colleges. Its explanation is that it did not wish to enhance the fee for B.Ed Courses which was fixed during the previous block period and therefore was not uploaded - Explanation no doubt is not a satisfactory one - Pertinent question is on that ground whether petitioner institution should be totally deprived of collecting fee - Sustenance of institution and future of students will then be jeopardized - Therefore in court considered petitioners case has to be considered by respondent authorities holistically of course by suitably penalizing for lapses - In block period year was already over and therefore remaining period only has to be considered.
Result : Petition is Disposed of
ORDER:
The petitioners seek writ of mandamus declaring the action of the 2nd respondent in not considering the representations dated 24.05.2021 and 25.05.2021 submitted by the petitioners to afford an opportunity of personal hearing to the petitioners for the purpose of fixation of fee for the block period 2021-21 to 2022-23 for B.Ed courses, as illegal, arbitrary, discriminatory and unconstitutional and consequently direct the 2nd respondent to forthwith afford an opportunity of personal hearing to the petitioners and to consider, process and notify the fee for the aforesaid block period.
2. Petitioners’ case succinctly is thus:
The 1st petitioner is an institution imparting training in B.Ed. Courses and it has got all the requisite approvals from AICTE, permissions from Government of Andhra Pradesh and affiliation from the University.
The right of management to establish and administer college including the right to fix the fee has been upheld by the Hon’ble Apex Court in a number of decisions such as TMA Pai v. State of Karnataka, (2002) 8 SCC 481 : MANU/SC/0905/2002 and Islamic Academy of Education v. State of Karnataka, (2002) 6 SCC 697. While so the 2nd respondent issued notification inviting proposals from the private un-aided professional colleges to submit the relevant data for fixation of fee for block period 2020-21 to 2022-23. The petitioners have entered the data as per guidelines in the previous year and they did not want to increase the fee in the block period and so the petitioner did not enter any data. They made a representation dated 25.05.2021 seeking permission to enter the college name for the present year’s list as per the last year fee fixation. The petitioners have registered themselves but not uploaded the proposal online and not freeze the data. The petitioners were not called for personal hearing. It is further submitted that when the Regional Director, Southern Regional Committee, National Council for Teacher Education (NCTE), Delhi issued proceedings withdrawing the recognition granted to the petitioners’ institution, they filed W.P.No.9841 of 2021 wherein this Court passed order dated 18.05.2021 and suspended the impugned proceedings and directed the respondent Nos.2 to 4 therein to consider the case of the petitioners for their inclusion in the EDCET-2020 counselling without reference to the orders of the withdrawal of the recognition. It was made clear that in the event the respondent Nos.2 to 4 grant permission to the petitioner to participate in EDCET-2020 counselling, it should be made clear to the students that their admission would be subject to the result of the writ petition. Thereafter the petitioners approached the Andhra Pradesh State Council for Higher Education (for short ‘APSCHE’) for fee fixation. However, the said Council directed the petitioner to approach Andhra Pradesh Higher Education and Monitoring Commission (APHERMC)/2nd respondent for fixation of fee saying that after fixation of fee by APHERMC, they will include the petitioners in EDCET-2020 counselling. The petitioners’ further case is that in some instances where managements failed to upload the data online and failed to freeze the data but paid the processing charges they were given an opportunity to upload the data by paying 50% of processing charges. Thus they were given chances. So far as petitioners are concerned, they have not uploaded the data within the stipulated period of time, not paid the requisite fee within the cut of date. If the petitioners are not allowed to attend personal hearing, no fee will be fixed in respect of the courses being run by the petitioners institutions and petitioners would not be entitled to claim any fee for the entire three academic years, therefore, writ petition to direct the 2nd respondent to consider the representations of the petitioners for fixation of fee for block period 2020-21 to 2022-23 for B.Ed. courses.
3. Respondent No.2 filed counter inter alia contending thus:
It is cont
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