St. Stephen Educational Society, v. Government Of Andhra Pradesh,

HON'BLE SRI JUSTICE P NAVEEN RAO WRIT PETITION Nos. 38729, 38736, 38737 AND 38741 OF 2013 Date: 31.12.2013 WP No. 38729 of 2013 Between :

Veeravalli Vidhya Sundar, Petitioner And The Govt of A P Rep by its Principal Secretary, Higher Education Dept, hyd and others Respondents The Court made the following:

HON'BLE SRI JUSTICE P NAVEEN RAO WRIT PETITION Nos. 38729, 38736, 38737 AND 38741 OF 2013

COMMON ORDER:

Petitioners' colleges were established and running Bachelor of Education for the academic years 2013-14, 2014-15 and 2015-16. The issue of determination of fee chargeable by these petitioners' colleges and other colleges was considered by the Government and detailed order was issued by the Government vide G.O.Ms.No. 56 Education (S.E.GENL.II) Department, dated 27.9.2013. Based on responses given by the colleges, compliance of statutory mandate and the requirements of the Admission and Fee Regulatory Committee, classification of the institutions were made and included in Annexures I, II and III respectively appended to the said G.O. The petitioners' colleges did not respond and no particulars were furnished. However, vide the same Government order these colleges were permitted to charge adhoc fee of Rs.

11,475/- and were afforded further opportunity. Learned counsel for the petitioners submits that since petitioners' colleges have responded and submitted the requisite proposals within the time granted, these colleges should also be permitted to charge fee of Rs.13,500/- and special fee of Rs.3,000/-.

Learned standing counsel submits that the claim set up by the petitioners is premature. As per the orders in G.O.Ms.No. 56, these colleges have to respond and after obtaining the representations, the Admission and Fee Regulatory Committee will decide the fee chargeable by these institutions and such stage has not arisen so far. What is permitted is to charge adhoc fee. After the decision is made by the Administration and Fee Regulatory Committee, further orders will be issued by the Government regulating the fee chargeable. Thus, there is no cause of action as of now to the petitioners to invoke jurisdiction of this Court and as evident from the reading of G.O.Ms No.56, since petitioners are not satisfying the conditions in paras 3,4 and 5, they cannot claim the higher fee of Rs.13,500/-.

Having regard to the submissions made by the counsels, the writ petition is dismissed as premature since the issue of final determination of fee chargeable by the institutions, which are running B.Ed., courses, is yet to be decided and notified by the Administration and Fee Regulatory Committee.

is made by the Committee.

Miscellaneous petitions if any pending in these writ petitions shall stand dismissed. No costs.

_______________________ JUSTICE P.NAVEEN RAO DATE: 31.12.2013 KKM