Shams Ul Uloom College Of Education (B.Ed.,), Markapur, v. The Acharya Nagarjuna University,

IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 26631 of 2015 BETWEEN Shams Ul Uloom College of Education (B.Ed), Markapur, Prakasam District, rep. by its President & Correspondkent Sri Mirza Shamsheer Ali Baig

...Petitioner

And The Acharya Nagarjuna University Rep. by its Registrar, Nagarjuna Nagar, Guntur District.

...Respondent

DATE OF JUDGMENT PRONOUNCED: 21.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers may be allowed to see the judgments? YES

2. Whether the copies of judgments may be marked to Law Reporters/Journals. NO

3. Whether Their Ladyship/Lordship wish to

see the fair copy of the Judgment ? NO. HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26631 of 2015 ORDER:

This Writ Petition is filed challenging the proceedings of the Acharya Nagarjuna University demanding the petitioner to pay University Services Fee for the students even after collecting affiliation fee in addition to the fee fixed by the Committee for Fixation of fee Structure in Private Un-aided Professional Colleges constituted by the Government of A.P prescribed under the Andhra Pradesh Private Minority (Aided/Unaided) Colleges of Education (Regulation of Admissions into B.Ed Course through Common Entrance Test) Rules, 2005, made under Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983.

It is represented by the learned Standing Counsel for the Nagarjuna University that the clause imposing payment of the fee itself was deleted subsequently and in view of the same, the cause of action in the Writ Petitions does not survive. Learned Counsel for the petitioner submits that the issue raised in this Writ Petition was already decided by this Court in a batch of Writ Petitions in W.P.No.27195 of 2007 and batch dated 08.02.2010.

In view of the above, this Writ Petition is allowed in

accordance with and in terms of the aforesaid order. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. There shall be no order as to costs.

--------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 21st August, 2015.

Msnrx