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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI
Andhra Pradesh Higher Education Regulatory And Monitoring Commission – Appellant
Versus
Andhra Pradesh Private Engineering Colleges Managements Association – Respondent
JUDGMENT :
DHIRAJ SINGH THAKUR, CJ.
The present writ appeals have been preferred against the judgment and order, dated 05.12.2023, passed in a batch of writ petitions bearing Nos.32909, 32967, 35109 of 2022; 20878 and 22945 of 2023. Since the issues of fact and law in this set of cases are same, we propose to deal with them by way of a common judgment and order.
A batch of writ petitions came to be filed by private unaided engineering colleges established in the State of Andhra Pradesh as also by the Associations representing some of the Engineering colleges. The petitions are filed challenging the notification, dated 30.06.2022, issued by the Andhra Pradesh Higher Education Regulatory and Monitoring Commission requiring data to be furnished as prescribed in 31 Schedules described in the guidelines with a view to fix the fee which the colleges would be permitted to charge.
The petitioners' case in brief was that some of the information sought by the Commission was unnecessary and irrelevant besides being cumbersome.
Be that as it may, we deem it appropriate to briefly state the facts as under :
2. There is in force in the State of Andhra Pradesh an Act called the Andhra Pradesh Higher Ed
Courts will uphold regulatory authorities' mandates for data submission from educational institutions to facilitate fee determination, balancing regulatory needs against institutional autonomy in edu....
Point of law : The proviso to Rule 8(3) provides that the Commission shall give the Institution an opportunity of being heard before fixing any fee or fees.
Point of law: The proviso to Rule 8(3) provides that the Commission shall give the Institution an opportunity of being heard before fixing any fee or fees.
The impugned Government order was illegal and arbitrary as it was issued in exercise of power under Section 7 of the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitati....
Private educational institutions can set their own fee structures, provided they do not engage in profiteering or capitation fees, adhering to principles established in precedential Supreme Court cas....
Once the fee is determined under Section 10(3) of the Act of 2007, the same is to remain intact for the period of three years and the students who have taken admission on the basis of such fees deter....
Point of law: Rule 3(viii) vests power in the AFRC to require private unaided professional educational institutions to furnish information by a prescribed date.
The determination of fees for private medical colleges must be conducted by the Fee Regulatory Committee as per the Act of 2006, and the State Government cannot unilaterally extend previous fee struc....
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