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2021 Supreme(AP) 991

U.DURGA PRASAD RAO
East Godavari Private Schools Association (Regd. 576/2020), Represented by its President Sri Dasari Durga Srinivasarao – Appellant
Versus
State of Andhra Pradesh Rep. by its Principal Secretary, School Education (IE) Department, Secretariat – Respondent


Advocates Appeared:
For the Appellant : Sri Vedula Venkataramana, representing Sri M. Sri Vijay
For the Respondents: Sri B.S.N. Naidu, Ms. Elipe Santha Sree, adv

ORDER :

The petitioners in this batch of writ petitions are different Private Unaided School Associations, Junior College Management Associations, Junior Colleges and High Schools. In these writ petitions they are challenging the propriety and legality of G.O.Ms.No.53, School Education (PS) Department, dated 24.08.2021 and G.O.Ms.No.54, School Education (IE.A2) Department, dated 24.08.2021.

2. Briefly stating, G.O.Ms.No.53 spells out that the Andhra Pradesh School Education Regulatory and Monitoring Commission (for short, ‘the APSERMC) in its meeting held on 24.04.2021 reviewed and determined the fee structure for Nursery to 10th class in private unaided schools in the State of A.P. for the block period 20212022 to 2023-2024 in terms of Section 9(ii) of the Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019 (for short, ‘the Act 21 of 2019’) by considering the plight of common man/parents and also keeping in view the judgment of the Hon’ble Apex Court in the case of TMA Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, Islamic Academy of Education v. State of Karnataka, MANU/SC/0580/2003 and Modern School v. Union of India, MANU/SC/042/2004 = AIR 2004

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