IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVAT

TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

IA No. 1 OF 2022 INF WP NO: 8245 OF 2022

Between:

Hazarath Ameeruddin College of Education, Giddaluru (Village and Mandal), Prakasham Dist., Rep. by its Secretary and Correspondent

...Petitioner (Petitioner in WP 8245 OF 2022

on the file of High Court)

AND

• 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Higher Education Dept, A.P.Secretariat Velagapudi, Amaravathi, A.P.
• 2. The Member Secretary and CEO, Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), III Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501, A.P.
• 3. The Secretary, Andhra Pradesh State Counsel of Higher Education, Nilandri Towers, VI Battalian Road, Atmakur(V) Mangalagiri, Guntur District-522 503, $A.P.$
• 4. The Registrar, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur, Guntur District, A.P.
• 5. The Controller of Examinations, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur -522510.

$...$ Respondent(s) (Respondents in-do-)

Counsel for the Petitioner: SRI.G.N.V.PULLA RAO $\checkmark$ Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION / Counsel for the Respondent Nos.2 & 3: SRLSUDESH ANAND, STANDING COUNSEL

Counsel for the Respondent Nos.4 & 5: SRI.RAMBABU KOPPINEEDI, STANDING COUNSEL

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to accept the fee fixation processing fee for the sessions 2021-22 to 2022-23 and permit the petitioner B.Ed. college in admitting the students under Sport Admissions EDCET 2021-22 counseling pending leftover seats by ratifying the same with the 3rd respondent, pending disposal of the Writ Petition No. 8245 of 2022, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

Learned counsel for the petitioner submits that the respondent No. 2 is not accepting the fee fixation processing fee for the session 2021-2022 to 2022-2023 and not including the petitioner's college in website counseling list as illegal, arbitrary and discriminatory.

Learned Standing Counsel appearing for the 2^nd respondent submits that for want of affiliation from the 4^th respondent university, the request of the petitioner to fix fee is not considered for the year 2021-2022.

Learned Standing Counsel appearing for the 4^th respondent submits that the University granted affiliation to the petitioner's institution till the academic year 2019- 2020 and thereafter, no affiliation is granted to the petitioner's institution.

On careful perusal of the letter dated03.02.2021 of the 4^th respondent, wherein the 4^th respondent sent a list of institutions affiliated to the 4^th respondent to offer B.Ed course with approved intake for the academic year 2020-21 pertaining to A.P.Ed. CET (Admission)-2021, the names of the petitioner's institution is included in the list of refused B.Ed colleges for Ed. CET counselling for 2020- 2021. As such, it is clear that the contention of the learned Standing Counsel for the university is not correct.

In the prima facie opinion of the Court, the petitioner's institution is entitled for fee fixation processing fee to be taken by the 2nd respondent.

Accordingly, the 2^nd respondent is directed to accept the fee fixation processing fee for the session 2021-2022 and to permit the petitioner B.Ed collage for conduct spot admissions Ed. CET 2021-2022.

For the reasons stated above, the petitioner's institution is illegally detained by the respondents to participate in the counselling for the Ed.CET 2021-2022 and due to that reason, the petitioner's institution could not participate in the counseling.

In view of the above, the 3^rd respondent is directed to permit the petitioner's institution to make spot admissions for the left out seats in its institution by following the procedure.

SD/- K.J. RAJA BABU ASSISTANT REGISTRAR SECTION OFFICER

To,

1. The Principal Secretary, Higher Education Dept., State of Andhra Pradesh, A.P.Secretariat Velagapudi, Amaravathi, A.P.

ITRUE COPYII

2. The Member Secretary and CEO, Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), III Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501, A.P.

• 3. The Secretary, Andhra Pradesh State Counsel of Higher Education, Nilandri Towers, VI Battalian Road, Atmakur(V) Mangalagiri, Guntur District-522 503, A.P.
• 4. The Registrar, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur, Guntur District, A.P.
• 5. The Controller of Examinations, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur -522510.(1 to 5 By RPAD)
• 6. One CC to SRI.G.N.V.PULLA RAO Advocate [OPUC]
• 7. Two CCs to GP for Higher Education, High Court Of Andhra Pradesh. [OUT]

$\mathcal{I} \perp \mathcal{J}$

$\sim$

• 8. One CC to Sri.Sudesh Anand, Standing Counsel (OPUC) /
• 9. One CC to Sri.Rambabu Koppineedi, Standing Counsel (OPUC)

10. One spare copy

SRL

HIGH COURT

DEVJ

DATED:26/04/2022

ORDER

にの問題があ

I.A.No.1 OF 2022

IN

WP.No.8245 of 2022

DIRECTION