IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

WRIT PETITION NO: 9871 of 2020

ALONG WITH

W.P. Nos.5696 and 5699 of 2022; W.P.Nos.9750, 9812,

9814, 9874, 9875, 9876, 9877, 10159, 10195, 10229,

10290, 10292, 10300, 10345 & 10371 of 2020 and

W.P.(PIL) NO: 150 of 2020

WRIT PETITION NO: 9871 OF 2020

Between:

• 1. Mother Theressa Educational Society, A Society Registered under AP Registration of Societies Acr, 2001, Having its registered office at Vydya Nagar, Near Red Bridge, NH-214, Amalapuram, East Godavari District, Andhra Pradesh -533201 Rep.by its Secretary Kalidindi Veera Venkata Satyanarayana Raju
• 2. Konaseema Institute of Medical Science and Research Foundation, Rep.by its Managing Director, K. Ravi Kiran Varma Age 41 Address NH-216, Chaitanya Health City, Amalapuram, Andhra Pradesh Rep.by its Managing Director, K. Ravi Kiran Varma
• 3. Konaseema Dental College and Hospital, College Road, Amalapuram-533201 Rep by its Managing Director, K. Ravi Kiran Varma

...Petitioners

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Health and Medical and Family Welfare, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

• 2. Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), Rep. by its Secretary, 3^rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-15, Tadepalli, Guntur District.
• 3. N.T.R. University of Health Sciences, Vijayawada, Krishna District, Rep by its Registrar.
• 4. Singamsetty Sushma, Daughter of Singamsetty Seshubabu, Occupation: Student, aged about 24 years, Resident of 20-6-1, Near Chekkavari Petrol Bunk, Main Road, Narsipatnam, Visakhapatnam-531116. Aadhar No.460245211786.
• 5. Jaladi Syam Priya, Daughter of Jaladi. Babu, Occupation: Student, aged about 25 years, Resident of D. No.26-27-245/A, A.T. Agraharam, Fathimanagar, Guntur-522004. Aadhar No.682761417808.
• 6. Harika Bai Banavathu, Daughter of Banavathu Srinivasa Rao Naik, Occupation: Student, aged about 25 years, Resident of F.No-209, Ocean Green Apartments, Kurmannapalem Simon Nagar, Vuda Phase-2, Duvvada, Visakhapatnam, Andhra Pradesh-530046. Aadhar No.389896449096
• 7. Syamala Viswanadha Reddy, Son of Syamala Koti Reddy, Occupation: Student, aged about 25 years, Resident of 5-15/3, Sivalayan Veedhi, Kaza, Mangalagiri (Mandal) Guntur District -522503. Aadhar No.432002458361.
• 8. G. P. N. Alekhya, Daughter of G. Murali Krishna, Occupation: Student, aged about 24 years, Resident of Sivalayam Street, rusthumbada, Narsapur, West Godavari District- 534275. Aadhar No.359009717755.
• 9. Suma Chollangi, Daughter of G. Murali Krishna, Occupation: Student, aged about 24 years, Resident of 3-402/21, Vasanthanagar, Kakinada, East Godavari, Andhra Pradesh. Aadhar No 829679589158.

Respondent No 4 to 9 were impleaded as per C.O.dt 12.09.2024 vide IA.No 3 of 2020 in W.P. No 9871 of 2020.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus,

A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated 29/05/2020 issued by the $1^{st}$ Respondent fixing fees structure for the block period 2020-21 to 2022-23 on the recommendations of the $2^{nd}$ Respondent dated 24/05/2020 fixing differential tuition fee structure for different categories and common fee for all colleges as arbitrary, illegal and unconstitutional, apart from being violative of principles laid down by the Hon'ble Apex Court and

B. Consequently quash the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated 29/05/2020 and

C. Consequently to direct the Respondent Nos.1 and 2 to fix uniform fee for the students joining under the category of competent authority and management quota who will be admitted into $1^{st}$ year Post Graduate Degree and Diploma courses offered by the Petitioners and fix differential fee based on their accounts and after taking all the relevant factors for consideration as laid down by the Hon'ble Apex Court from the academic year 2020-21 to onwards.

IA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to take any coercive actions/steps against the petitioners herein, pending disposal of the above writ petition.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of G.O.Ms.No. 56, health, Medical and Family welfare department dated 29-05-2020, issued by the first respondent pending disposal of the above writ petition.

Counsel for the Petitioner: SRI S.V.S.S.SIVA RAM

FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondent No.3: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

Counsel for the Respondents No.4 to 9: SRI ZEESHAN ADNAN MAHMMOOD

WRIT PETITION NO: 5696 OF 2022

Between:

Great Eastern Medical School and Hospital, Promoted by Aditya Educational Society. Having its office at. D-No.3-351, Ragolu, Srikakulam Dist, Andhra Pradesh- 532484 rep by auhorized signatory aged about 55 years, R/o. Hyderabad Telangana, Dr D Lakshmi Lalitha W/o Dr D Chiranjeevi

...Petitioner

AND

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• 1. The State of Andhra Pradesh, Department of Health, Medical and Family Welfare Represented by its Principal Secretary Velagapudi. Amaravathi, A.P.
• 2. The Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), 3^rd Floor, Sree Mahendra Enclave NRI Block C-Block NH15, Tadepalli, Guntur District, A.P Rep by its Secretary
• 3. Dr.NTR University of Health Sciences, NH16 Service Road Gunadala, Vijayawada Krishna District, Andhra Pradesh- 520008 Rep by its Registrar
• 4. National Medical Commission, Pocket- 14, Sector 8, Dwarka Phase 1 New Delhi 110077, India, Rep.by it's President.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order more particular one in the nature of Writ of Certiorari calling for records in relation to G.O.Ms.No.56 dated 29.05.2020 issued by 1^st respondent in pursuance to recommendations of 2^nd respondent fixing the fee for post graduate courses for the block period

2020-21 to 2022-23 and quash the unconstitutional and in violation of Article 14 and 19 of Constitution of India respondent to consider the objections filed by the Petitioner by speaking order and aivi same by declaring as arbitrary, illegal petitioner's rights guaranteed under and consequently direct the 2 nd passing a giving reasons for rejecting the objections strictly following the Regulations.

5

lA NO: 2 OF 2n?9

Petition under Section ¹⁵¹ CPC stated in the affidavit filed ⁱ pleased to suspend the 29.05.2020 issued by ¹ courses of the petitioner college for the block praying that in the circumstances in support of the petition, the High Court may be operation of the impugned G.O.Ms.No.56 dated respondent fixing the fee for post graduate period 2020-21 to 2022-23.

Counsel for the Petitioner: SRI S.V.S.S.SIVA RAM

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondent No.3: SMT. T. V. SRIDEVI

Counsel for the Respondents: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

WRIT PETITION NO: 5fi99 OF 20??

Between:

S/o.V.V Rarrrana Mart Aged ⁶² YelrTsn-f Medical College and Hosnital liHTr Quarters, GSL Rajahrriundry-533296 ^ ^ Rajanagaram,

...Petitioner AND

• The Andhra Pradesh Higher Education Regulatory and Monitoring<br>Commission (APHERMC), 3^rd Floor, Sree Mahendra Enclave NRI Block<br>C-Block NH15, Tadepalli, Guntur District, A.P Rep by its Secretary
• 3. Dr.NTR University of Health Sciences, NH16 Service Road Gunadala, Vijayawada Krishna District, Andhra Pradesh- 520008 Rep by its Registrar
• 4. National Medical Commission, Pocket- 14, Sector 8, Dwarka Phase -1 New Delhi -110077, India Rep by its President

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to may issue writ or order more particular one in the nature of Writ of Certiorari calling for records in relation to G.O.Ms.No.56 dated 29.05.2020 issued by is respondent in pursuance to recommendations of 2nd respondent fixing the fee for post graduate courses for the block period 2020-21 to 2022-23 and quash the same by declaring as arbitrary, illegal, unconstitutional and in violation of petitioner's rights guaranteed under Article 14 and 19 of Constitution of India and consequently direct the 2nd respondent to consider the objections filed by the Petitioner by passing a speaking order and giving reasons for rejecting the objections strictly following the Regulations.

IA NO: 2 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned G.O.Ms.No.56 dated 29.05.2020 issued by 1^st respondent fixing the fee for post graduate courses of the petitioner college for the block period 2020-21 to 2022-23.

Counsel for the Petitioner: SRI S.V.S.S.SIVA RAM

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondent No.3: SMT. T. V. SRIDEVI

Counsel for the Respondents: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

WRIT PETITION NO: 9750 OF 2020

Between:

Vemavarapu Mahesh, Son of Sri Siva Prasad, Occupation: Student, aged about 24 years, Resident of 13-19-8, Ponekallu, Guntur, Andhra

AND

...Petitioner

• 1. Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110011.
• 2. Directorate General of Health Services, Represented By Medical Counselling Committee- P.G Medical/Dental Counselling-NEET Ministry of Health and Family Welfare, Government of India, Room No. 348. A Wing, Nirman Bhavan, New Delhi-110011
• 3. THE STATE OF ANDHRA PRADESH, Represented by its Spl. Chief Secretary to Government, Health, Medical and Family Welfare Department, Secretariat, Vijayawada - 522238.
• 4. Dr. N.T.R UNIVERSITY of HEALTH and SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.
• 5. Andhra Pradesh Higher Education Regulatory And Monitoring Commission (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.
• 6. Medical Council of India, Pocket-14, Sector- 8, Dwaraka Phase -1, New Delhi-110077. Represented by its Secretary General
• 7. Dental Council of India, Aiwan-E-Galib Marg, Kotla Road, Temple Lane, Opp. Mata Sundari College for Women, New Delhi - 110002. Represented by its President.
• 8. Alluri Seetharamaraju Academy of Medical Sciences (ASRA), at Eluru, West Godavari District, Andhra Pradesh-534005. Represented by its Principal.

...Respondents

Cause title amended orders passed in I.A.No.2 of ²⁰²⁰ in WP.No.9750 of 2020 vide Court Order dated 09-07-2020.

under Article ²²⁶ of the Constitution of India praying that in Petition the circumstances stated in the affidavit filed therewith, the High Court may Direction more particularly be pleased to issue an appropriate Writ, Order or one in the nature of Writ of Mandamus, declaring the action of the Respondent No.8 herein in not permitting the Petitioner to Report and Pay for the Admission into P.G Medical/Dental Courses for the Academic Fee under Competent Authority Quota (Phase-1) vide Web dated 29.05.2020 to 31.05.2020 conducted by the Respondent Year 2020-21 Counselling No.4 University and also the inaction of the Respondent Nos.1 to ⁷ herein in not taking any action on the Respondent No.8 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive violative of the regulations and guidelines of the Respondent No.1 powers, to ⁷ herein and Article 14, and ¹⁹ of the Constitution of India and consequently direct the Respondent No.8 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota before the deadline i.e.,10.06.2020 which is set by (Phase-1) on or Respondent No.4.

lA NO: ¹ OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.8 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (Genera! Medicine) for the Academic Year 2020-21 under Competent Authority Quota before the deadline i.e.,10.06.2020 which is set by (Phase-1) on or Respondent No.4 pending disposal of the above writ petition.

lA NO: 3 OF 2020

Petition under Section 151 CPC stated in the affidavit filed ⁱ pleased to consider this Writ Petition Petition along with batch of cases, wherein the P in the State of Andhra Pradesh secured admission under praying that in the circumstances in support of the petition, the High Court may be as an Urgent matter and hear this Writ G Medical/Dental Colleges are not permitting the Petitioner who competent Authority Quota (Phase-I) into the Respondent No.8 College to Report and Pay Fee for the admission Medical/Dental Courses for the Academic Year 2020-21. into P.G

lA NO: 4 OF 2020

Petition under Section 151 CPC stated in the affidavit filed ⁱ praying that in the circumstances in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption "For Being Mention' for correcting the typographical error in Order dated 09.07.2020 in lA.No. ¹ of 2020 in WP.No. 9750 of 2020 that " STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION". OF RS. 45,000/-

Counsel for the Petitioner: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: SRI PASALA PONNA RAO

Counsel for the Respondent No.2: SRI C SUDESH ANAND

Counsel for the Respondent No.3: GP FOR MEDICAL HEALTH AND F.W.

Counsel for the Respondents No.4, 6, 7: SMT. T. V. SRIDEVI

WRIT PETITION NO: 9812 OF 2n?n

Between:

1. SANAPALA PRAVEEN, Son of S. Simhachalam, Aged about 25 years Occupation Student, Resident of D.no.8. Police Quarters, opposite AaX; NT9261546398ir'' '''"hakapatnam-530017.

• 2. B. NAYVA, Daughter of Late B. Madhusudan, Aged about 26 years, Occupation Student, Resident of 32-10-70, Sri Venkateshwara Colony, Sheelanagar, Vishakapatnam-530012. Aadhar No.997081451087.
• 3. KADIRI SRAVANI, Daughter of K. Yella Rao, agaed about 26 years, Occupation Student, D.No.14-36-2/1, K.L.Rao nagar, opposite Sai Baba Temple, B.0 Road, Gajuwaka, Vishakapatnam-5300026. Aadhar No.506851827055.
• 4. KANAPARTHY PRIYADARSHINI, Daughter of K. Benhar Babu, aged about 27 years, Occupation Student, Resident of H.No.11-235C, Ambedkar Colony, Kollipara (post) mandal, Guntur district-522304. Aadhar No.966426865791.
• 5. GOMPA GOWRI SANDHYA, Daughter of Gompa Satya Rao, Aged Resident of $6 - 79 - 5$ . Student. Occupation years, 25 about Gajuwaka Chinnagantayda. $Old$ Colony. Kunchumambha Visakhapatnam-530026. Aadhar No. 480670190051.
• 6. MALLIPUDI SPANDANA, Daughter of M.Venkanna Babu, ageed about 24yrs, Occupation Student, Resident of 6- 41/A, Chinna Veedhi, East God Dist. Aadhar No. Mandal. Ravavaram Venturu. 853565642472.
• 7. VUPPALURU GOWTAMI, Daughter of V Gopal Reddy, Aged about 26 years, Occupation Student, Resident of D. No 1-2-103 Chinnanna Street Pulivendula Kadapa Andhra Pradesh. Aadhar No. 4224 8015 8452.
• 8. KALE GURU RAVI TEJ, Son of K Sreenivasulu, aged about 25 years, Occupation Student, Resident of H.No.4/511, Opp To Hp Petrol Bunk, Piler, Pin-517214, Chittoor Distrct. Aadhar No. 447225945773.
• 9. DEVI NAGA PRIYANKA, Daughter of Gundala Satyanarayana, aged about 25 years, Occupation Student, Resident of Door no. 10-47, R.K. Peta, Someswaram, East Godavari district-533261. Aadhar No. 628116709428.

• SNEHA GUJJIDI, Daughter of Byragi.G, Aged about 25 years, 10. Occupation Student, Resident of Sf-1, Sai Castle, Visalakshi Nagar, Visakhapatnam-530043. Aadhar No. 5539 4152 1047.

• AVULA SUSHMA, Daughter of Vijaya Bhaskar Reddy, aged $11.$ about 25 years, Occupation Student, Resident of Door no. 26/1/357, Kannelur Road, Jammalamadugu, Ysr Kadapa District-516434. Aadhar No. 990034924900.

• VEMPADAPU RAJESWARI, Daughter of V. Sanyasinaidu, aged 12. about 26 years, Occupation Student, Residing at D.no. 19-166, Aadhar Cheepurupalli, Vizianagaram. Vangapalli Peta. No.261367358949.

• SHINY POTHUMUDI, Daughter of Pothumudi Samuel Raju, aged 13. about 25 years, Occupation Student, Resident of Door No. i-137/39, Gokul Gardens, Atchampeta Junction, Kakinada. Aadhar no.9027 6174 7224

• MOHAMMED ROSHAN ZAMEER, Son of Late Abdul Rahiman, $14$ aged about 25 years, Occupation Student, Resident of 42-38-18, Block No. 38, Rajula Bazar, Azit Singh Nagar, Vijayawada, Krishna (Dt), Andhra Pradesh-520015. Aadhar No.482995126114.

• C. LIPIKA, Daughter of Channa Sudhakar, aged about 24 years, 15. Occupation Student, Resident of Flat no 104, Gajanana Apartment, Santhinagar, Nad Kotharoad, Opposite Nstl, Near Gongura Hotel. Aadhar no- 798444795849.

• AYESHA FATHIMA, Daughter of Mahammad Yahya, aged about 16. 24 years, Occupation: Student, D. No. -5-28-D/2, Bantumilli road, Gudiwada. Aadhar no.399791797611.

• KANNA GOPI VARMA, Son of Kanna Narasimha Rao, aged $17$ about 28 years, Occupation Student, Resident of 11-1, Near Santhabazar, Nizampatnam Post And Mandal, Guntur District-522314. Aadhar No. 614276203129.

• TATA VENKATA PAVAN KUMAR GUPTA, Son of Bandari 18. Narayana, aged about 25 years, Occupation Student, Resident of 301 Opp Chadalawada Gupta Celestia, Vip Road 5^th Cross, Ongole. AADHAR NO. 261739734430.

• PRASANTH PASUMARTHI, Son of Moose Pasumarthi, aged 19. about 26 years, Occupation Student, Resident of Door No8- 302, Aruna Colony, Singarayakonda (Mandal), Prakasam District, Andhra Pradesh. Aadhar no.6379 6829 3707.

• KAKUMANU CHANDANA, Daughter of K.Srinivasa Rao, aged 20. about 25 years, Occupation Student, Resident of 59A-21/4-3, Gayatri Nilaya, R.R Gardens, Patamata, Vijayawada -520008. Aadhar number -274328038165.

• $21.$ B. MEGHALA, Daughter of B Venkateshwara Rao, aged about 25 years, Occupation Student, Resident of 3-111, sitarama nilayam, nagayalanka, Krishna st. Aadhar No.634228468524.

• RONGALI LOCHANA, Daughter of R Gnaneshwar Rao, aged $22.$ about 26 years, Occupation Student, Resident Of 30-4-10, Vadlapudi, Rh Colony, Visakhapatnam, 530046. Aadhar no .304680958097.

• JELDI BLANDINA DEEPTHI, Daughter of J Muneiah, aged about $23.$ 25 years, Occupation Student, Resident Of 1331/1 House Near Ganesh Temple, Kothapeta, Vinukonda, Guntur District. 522647. Aadhar no.215545372008.

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SARAGADAM SURESH, Son of Saragadam Ramu, aged about $24.$ 27 years, Occupation Student, Resident of 85-155, Chodapalli Illage, Atchutapuram Mandal, Visakhapatnam-531011. Aadhar No.7968 8791 2713

...Petitioners

AND

• 1. UNION OF INDIA, Represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110011.
• 2. DIRECTORATE GENERAL OF HEALTH SERVICES REPRESENTED BY MEDICAL COUNSELLING COMMITTEE-, P. G MEDICAL/ DENTAL COUNSELLING-NEET Ministry of Health and Family Welfare, Government of India, Room No. 348, 'A' Wing, Nirman Bhavan, New Delhi-110011
• 3. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Department of Higher Education, Secretariat, Vijayawada-522238.
• 4. Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.
• 5. ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION, (APHERMC) 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.
• 6. MEDICAL COUNCIL OF INDIA, Pocket-14, Sector 8, Dwaraka Phase - 1, New Delhi-110077. Represented by its Secretary General
• 7. DENTAL COUNCIL OF INDIA, Aiwan-E-Galib Marg, Kotla Road, Temple Lane, Opp. Mata Sundari College for Women, New Delhi -110002. Represented by its President.
• 8. GSL MEDICAL COLLEGE AND GENERAL HOSPITAL, at Rajamundry NH-16, Lakshmi Puram, Raj ahmundry, Andhra Pradesh-533296. Represented by its Principal.
• 9. PES INSTITUTE OF MEDICAL SCIENCES and RESEARCH, at Kuppam NH-219, Kuppam, Andhra Pradesh-517425. Represented by its Pricipal.
• KATURI MEDICAL COLLEGE AND HOSPITAL, Katuri Nahar, $10.$ Guntur, Andhra Pradesh 500019. Represented by its Pricipal.

Dr. PINNAMANENI SIDHARTHA INSTITUTE MEDICAL SCIENCES AND RESEARCH FOUNDATION, Chinna Autapalli, Vijayawada-521286.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of $\text{Writ}_{\underline{\imath}}$ of Mandamus, declaring the action of the Respondent No.8 to 11 Colleges herein in not permitting the Petitioners to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) selected vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.4 University and also the inaction of the Respondent Nos.1 to 7 herein in not taking any action on the Respondent No.8 to 11 Colleges for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 7 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent Colleges herein to permit the Petitioners to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) on or before the deadline i.e., 10.06.2020 which is set by Respondent No.4.

IA NO: 1 OF 2020

$11$

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.8 to 11 Colleges herein to permit the Petitioners to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) on or before the deadline i.e., 10.06.2020 which is set by Respondent No.4 pending disposal of the above writ petition.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting the typographical error in Order dated 09-07-2020 in IA.No.1 of 2020 in WP.No.9812 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION.

Counsel for the Petitioners: SRI J SUDHEER

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondents: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

WRIT PETITION NO: 9814 OF 2020

Between:

• 1. P SAITHEJA, S/o P.V.Vasantha Kumar Age. 26, H.No.4/67B, Chandbada Street, near Fathima High School, Nandyal, Kurnool District, Andhra Pradesh, 518501
• 2. KARICHERLA VISHNU HARIKA, Daughter of K.Sankar Prasad, Occupation. Student, Aged about 25 years, Resident of H.No.4/95/2, New postal colony, Balaji Nagar, Kurnool District, Andhra Pradesh, Aadhar Card No. 900786273111
• 3. R. SAI SRINIVAS, Son of R. Muniraj, Occupation. Student, Aged about 26 Years, Resident of H.No.27-359, Janakarapalli, Chittoor, Chittoor District, 517001, Aadhar Card No. 245539677797
• 4. GUDIPALLI KEERTHI, Daughter of Gudipalli Krishna Prasad, Occupation. Student, Aged about 23 Years, Resident of H.No.10-36(a), Beside Kothapeta Post office, Near by panchayath office, Kothapeta, Chirala, Prakasam District, Andhra Pradesh, Aadhar Card No. 253631962218
• 5. B. DEEPTHILAHARI, Daughter of B.V.R.Naik, Occupation. Student, Aged about 24 Years, Resident of H.No.17-11- 9 / 6, Doctors Arcade,

Maharanipeta, Visakhapatnam District, Andhra Pradesh, Aadhar Card No. 379669113582

• 6. GOLAGANA VENKATA SAI KAUSHIK, Son of Golagana Parvathi Rao, Occupation. Student, Aged about 25 Years, Resident of H.No.5-29-45/4, Thokada, Tonagar, Near Bhpv (Post), Gajuwaka, Visakhapatnam District, Andhra Pradesh, 530012, Aadhar Card No. 505412395153
• 7. ROMPILLI JOSHUA, Son of Rompilli Prasada Rao, Occupation. Student, Aged about 26 Years, Resident of H .No.4-3-53, Kotthagraharam, 2nd Lane, Vizianagaram District, Andhra Pradesh, 535002, Aadhar Card No. 743413070494
• 8. MEGHAVATH MEGHANA, Daughter of M.P.V.Naik, Occupation. Student, Aged about 25 Years, Resident of 6-12-12/2, F 1 MK's Siddhi Nivas, Madhura Veedhi, Opp lane of SFS church, Chinna Waltair, Visakhapatnam District, Andhra Pradesh, 530017, Aadhar Card No. 699710200406
• 9. RAHARAJU BALA SUBRAHMANYAM, Son of P.V.Chalapathi Rao, Occupation. Student, Aged about 24 Years, Resident of H.No.-54-16-8/ 15, S4, Sowmya Apartments, Venkateswara Nagar, Vijayawada, Krishna District, Andhra Pradesh, 535002, Aadhar Card No. 901022451607

• KARRI SUSMITHA, Daughter of Karri Sriman Narayana, 10. Occupation. Student, Aged about 24 Years, H.No. 9-42-5, Krishna Nursing Home and Diabetic Centre, Nehru Bomma Centre, Kothapeta, Vijayawada, Krishna District, Andhra Pradesh, 520001, Aadhar Card No. 777021795156

• TEERUPATI SIVA KUMAR YADAV, Son of Teerupati Prathap $11.$ Narayana. Occupation. Student, Aged about 24 Years, Resident of H.No.3/71, F2, GVP Colony, Tadipatri, Ananthapur District, Andhra Pradesh, 51541, Aadhar Card No. 5604 2357 0152

• $12.$ GAMPALA SANDHYA DEVI, Daughter of Gampala Chittibabu, Occupation. Student, Aged about 24 Years, Resident of H.No.8-198, Weavers Colony, Uppada, East Godavari, Andhra Pradesh, 533448, Aadhar Card No.2544 1302 7322

• $13.$ PONDURU GOURI ABHISHEK, Son of P. Rajeswara Rao, Occupation. Student, Aged about 25 Years, Address. Resident of H.No.38-39-19, Bapuji Nagar (Lane 4), 104 Area, Marripalem, Visakhaptnam District, Andhra Pradesh- 530007, Aadhar Card No.

• KOMANAPALLI RAJA RAM MOHANA RAO, Son of Komanapalli $14.$ Rajeswara Rao, Occupation. Student, Aged about 25 Years, Resident of H.No.1-115, Tamminaidupeta, Main Street, Srikakulam District, Andhra Pradesh, 532410, Aadhar Card No. 248607399926

• KODURU MEENA KUMARI, Daughter of K. Sangeetha Rao, $15.$ Occupation. Student, Aged about 26 Years, Resident of H.No.14-8/A, Main Road, Chebrolu, Guntur District, Andhra Pradesh 522212, Aadhar Card No. 676583482451

• 16. GONNABATHULA HARIKA, Daughter of Gonnabathula Nagaraju, Occupation. Student, Aged about 25 Years, Resident of H.No.27 A/2, Courtpeta, Yellamanchili, Visakhapatnam District, Andhra Pradesh, 530012, Aadhar Card No. 593116751927

• YENNE ANVITHA, Daughter of Y.V. Ramana Rao, Occupation. 17. Student, Aged about 24 Years, Resident of Door.No.14, Sai Nivas, Near VCR Degree College, Mittoor, Chittoor District, Andhra Pradesh, 517001, Aadhar Card No. 766881718696

• MITTAKOLA PRATHYUSHA, Daughter of Mittakola 18. Ravi. Occupation. Student, Aged about 31 Years, Resident of H. No.13-10/1, Beside Varshini Beauty Parlour Thorrur, Mandal Thorrur, Mahabubabad District, Telangana, Aadhar Card No. 533874367008

• MEDA DOLANANDA PRIYANKA, Daughter of Meda Chandra 19. Sekhar, Occupation. Student, Aged about 25 Years, Resident of H. No.11-305,5/5, Telecom Nagar, Nagaralu, Amaravathi Road, Guntur District, Andhra Pradesh, 522034, Aadhar Card No.507709201486

• MUTTINDE PAVAN TEJA, Son of M. Srinivasa Rao, Occupation. 20. Student, Aged about 24 Years, Resident of H. No. 1/55, Ratnagiri nagar, Palakluru Road, Guntur District, Andhra Pradesh, Aadhar Card No.232620653093

• $21.$ BANALA PRAFFULLA, Son of Banala Subrahmanyam, Occupation. Student, Aged about 24 Years, Resident of H. No.402, Buddha vertex classic block 2, Near Srila Park Pride, Calvary Temple, Hydernagar, Medchal Mandal, Hyderabad, Telangana, 500049, Aadhar Card No. 222163421901

• 22. BHOGAVALLI LAKSHMI HARSHITA, Daughter of B. T. Lakshmana Rao, Occupation. Student, Aged about 23 Years, Resident of Flat No. 804, Vasudeva Bloomfield Elation, Khazaguda, Hyderabad, Telangana, Aadhar Card No. 810110636312

• BADUGU AISHWARYA, Daughter of Badugu Raja Sekhar, 23. Occupation. Student, Aged about 24 Years, Resident of H. No.1-28, Near CSI Church, Nehru Peta, Nuzvid, Krishna District, Andhra Pradesh, Aadhar Card No. 592492194999

• ANUSHA GUNTAMUKKALA, Daughter of G. Taraka Ram, $24.$ Occupation. Student, Aged about 28 Years, Resident of H. No.59a-20-1/24, Plot No.16, Gurunanak Road, Vasavi nagar, Vijayawada, Krishna District, Andhra Pradesh, 520008, Aadhar Card No. 653172872645

• 25. V.N.D.SASI REKHA, Daughter of V.Satyanarayana Murthy, Occupation. Student, Aged about 23 Years, Resident of H.No.20-4-3. Bodavari street, Mandapeta, East Godavari District, Andhra Pradesh, Aadhar Card No.368825300709
• 26. MOUNIK REDDY TIPPIREDDY, Daughter of T.Prasad Reddy. Occupation. Student, Aged about 25 Years, Resident of H.No.60-5-6, F 11, Rupa Apartment, 2^nd Lane, Siddhartha Nagar, Vijayawada, Krishna District, Andhra Pradesh, 520010, Aadhar Card No. 9707 1097 0290
• 27. CHALLA BEAULAH RANI, Daughter of Halla Kiran Kishore Babu, Occupation. Student, Aged about 26 Years, Resident of H.No.17-26-8, Kopelavari street, Near Ram School, Pezzonipeta, Vijayawada, Krishna District, Andhra Pradesh, Aadhar Card No. 779374622851

• B. PRUDHVI SAI, Son of B. Kesavarao, Occupation. Student, 28. Aged about 26 Years, Resident of H.No. 9/89, Gowrisankarpuram, Gudivada Krishna District, Andhra Pradesh, Aadhar Card No. 640777561573

...Petitioners

AND

• 1. THE STATE OF ANDHRA PRADESH, Represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110011
• 2. DIRECTORATE GENERAL OF HEALTH SERVICES, REPRESENTED BY MEDICAL COUNSELLING COMMITTEE- P. G MEDICAL/ DENTAL COUNSELLING-NEET, Ministry of Health and Family Welfare, Government of India, Room No. 348, 'A' Wing, Nirman Bhavan, New Delhi-110011
• 3. The State of Andhra Pradesh, Represented by its Spl. Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada - 522238.
• 4. Dr. N.T.R UNIVERSITY OF HEALTH 86 SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.
• 5. ANDHRA PRADESH HIGHER EDUCATION, REGULATORY and MONITORING COMMISSION (APHERMC) 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.
• 6. MEDICAL COUNCIL OF INDIA, Pocket-14, Sector 8, Dwaraka Phase - 1, New Delhi-110077. Represented by its Secretary General

• ⁷ DENTAL COUNCIL OF INDIA, Aiwan-E-Galib Marg, Kotia Road ' Temple Lane, 0pp. Mata Sundari College for Women, New Delhi - 110002. Represented by its President.

• ⁸ SANTHiRAM iviEDICAL COLLEGE & GENERAL HOSPITAL, NH-lB- Nandyal, Kurnool District, Andhra Pradesh-518501. Represented by its Principal

• ⁹ nRI ACADEMY OF SCIENCES, Chinnakakani-MangalagiriMandal, Guntur District, Andhra Pradesh, 522503 Represented by its Principal

• GREAT EASTERN MEDICAL SCHOOL AND HOSPITAL, Door No.3-51, Rajolu, Srikakulam District, Andhra Pradesh, ⁵³²⁴⁸⁴ Represented by its Principal 10.

• NRI INSTITUTE OF SCIENCES, Sangivalasa, Bheemunipatnam Taluq, Vishakapatnam, 531162 Represented by its Principal 11.

...Respondents

Cause title amended orders passed in I.A.No.2 of ²⁰²⁰ in WP.No.9814 of 2020 vide Court Order dated 09-07-2020.

under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly Writ of Mandamus, declaring the action of the Petition in the nature of Respondent No.8 to ¹¹ Colleges herein in not permitting the Petitioners to Report and Pay the Academic one Fee for the Admission into P.G Medical/Dental Courses for Year 2020-21 under Competent Authority Quota (Phase-1) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted selected by the Respondent No.4 University and also the inaction of the Respondent Nos.1 to ⁷ herein in not taking any action on the Respondent No.8 to ¹¹ Colleges herein for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to ⁷ herein and Article Constitution of India and consequently direct the 14, and 19 of the Respondent No.8 to ¹¹ Colleges herein to permit the Petitioners to Report Fee for the Admission into P.G Medical Course for the Academic and Pay

Year 2020-21 under Competent Authority Quota (Phase-I) on or before the deadline i.e., 10.06.2020 which is set by Respondent No.4.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.8 to 11 Colleges herein to permit the Petitioners to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) on or before the deadline i.e., 10.06.2020 which is set by Respondent No.4 pending disposal of the above writ petition.

IA NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting the typographical error in Order dated 09-07-2020 in IA.No.1 of 2020 in WP.No.9814 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION.

Counsel for the Petitioner: SRI J C FRANCIS

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondents: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

WRIT PETITION NO: 9874 OF 2020

Between:

• 1. Vignan Educational Foundation, A Registered Trust under the Indian Trust Act, 1882, Having its Registered office at No 37 T.Chowdaiah Road, Bangalore-560003 Rep.by its Director, K. Ramaiah
• 2. Katuri Medical College and Hospital, Katuri Nagar, Chinakondrupadu, Guntur District, Andhra Pradesh, Rep. by its Dean, Dr. K. Vara Prasad

...Petitioners

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Health and Medical and Family Welfare Secretariat Buildings, Velagapudi, Amaravati, Guntur District
• 2. Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), Rep. by its Secretary, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-15, Tadepalli, Guntur District.
• 3. N.T.R. University of Health Sciences, N.T.R. University of Health Sciences, Vijayawada, Krishna District, Rep by its Registrar.
• 4. Sneha Gujjidi, daughter of Byragi G. Aged about 25 years, Occupation: Student, Resident of Sf-1, Sai Castle, Visalakshi Nagar, Visakhapatnam-530043. Aadhar No.5539 4152 1047.
• 5. Avula Sushma, daughter of Vijaya Bhaskar Reddy, aged about 25 years, Occupation: Student, Resident of Door no:26/1/357, Kannelur Road, Jammalamadugu, Ysr Kadapa District-516434. Aadhar No.990034924900.
• 6. Vempadapu Rajeswari, daughter of V.Sanyasinaidu, aged about 26 years. Occupation: Student, Residing at D.no: 19-166, Vangapalli Peta. Cheepurupalli, Vizianagaram. Aadhar No.261367358949.
• 7. Shiny Pothumudi, daughter of Pothumudi Samuel Raju, aged about 25 years, Occupation: Student, Resident of Door No. 1-137/39, Gokul Gardens, Atchampeta Junction, Kakinada. Aadhar no: 9027 6174 7224.
• 8. Mohammed Roshan Zameer, Son of Late Abdul Rahiman, aged about 25 years, Occupation: Student, Resident of 42-38-18, Block No. 38, Rajula Bazar, Azit Singh Nagar, Vijayawada, Krishna (Dt), Andhra Pradesh-520015. Aadhar No.482995126114.
• 9. C.Lipika, daughter of Channa Sudhakar, aged about 24 years, Occupation: Student, Resident of Flat no: 104, Gajanana Apartment,

Santhinagar, Nad Kotharoad, Opposite Nsti, Near Gongura Hotel. Aadhar no: 798444795849.

• 10. Ayesha Fathima, daughter of Mahammad Yahya, aged about 24 years, Occupation Student, D. No:-5-28-D/2. Bantumilli road, Gudiwada. Aadhar no.399791797611.
• 11. Kanna Gopi Varma, Son of Kanna Narasimha Rao, aged about 28 years, Occupation: Student, Resident of 11-1, Near Santhabazar, Nizampatnam Post And Mandal, Guntur District-522314. Aadhar No. 614276203129
• 12. Tata Venkata Pavan Kumar Gupta, Son of Bandari Narayana, aged about 25 years, Occupation Student, Resident of 301 Opp Chadalawada Gupta Celestia, Vip Road 5th Cross, Ongole. Aadhar No: 261739734430
• 13. Prasanth Pasumarthi, Son of Moose Pasumarthi, aged about 26 years, Occupation Student, Resident of Door No8-302, Aruna Colony, Singarayakonda (Mandal), Prakasam District, Andhra Pradesh. Aadhar no:637968293707.

Respondent Nos. 4 to 13 were impleaded as per C.O. dt 12.09.2024 vide IA.No 3 of 2020 in W.P. No 9874 of 2020.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus, A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated 29/05/2020 issued by the 1st Respondent fixing fees structure for the block period 2020-21 to 2022-23 on the recommendations of the 2nd Respondent dated 24.05.2020 fixing differential tuition fee structure for different categories and common fee for all colleges as arbitrary, illegal and unconstitutional, apart from being violative of principles laid down by the Hon'ble Apex Court and B. Consequently quash the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated 29.05.2020 and C. Consequently to direct the Respondent Nos. 1 and 2 to fix uniform fee for the students joining under the category of competent authority and management quota who will be admitted into 1st

year Post Graduate Degree and Diploma courses offered by the Petitioners and fix differential fee based on their accounts and after taking ail the relevant factors for consideration as laid down by the Honble Apex Court from the academic year 2020-21 to onwards.

lA NO: ¹ OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of G.O.Ms. No. 56, Health Medical and Family welfare department dated 29-05-2020, issued by the first respondent pending disposal of the above writ petition.

lA NO: 2 OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to take any coercive actions/steps against the petitioners herein, pending disposal of the above writ petition.

Counsel for the Petitioners: SRI S.V.S.S.SIVA RAM

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondent No.3: SMT. T. V. SRIDEVI

Counsel for the Respondents No.4 to 13: SRI ZEESHAN ADNAN MAHMOOD

WRIT PETITION NO: 9875 OF 2020

Between:

1. Sri Alluri Sitarama Raju Educational Society, A Society Registered under AP Registration of Societies Act,2001 Having its registered office

N'layam Ramachandrarao 534002 Rep.by its Chairman Mr.Gokaraju Ganga Raj pet, Eluru -

2. Alluri Sitarama Raju Academy of Medical Sciences. Eluru West Devrcokaraji^' P^desh- 534005, Rep. by its Director, Rathi

...Petitioners

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Health apd Medical and Family Welfare, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
• 2. Andhra Pradesh Higher Education Regulatory and Monitoring Commission, (APHERMC), Rep. by its Secretary, 3rd Floor Sree Dist'rict'^'^ NH-15, Tadepalli,'Guntur
• 3. N.T.R. University of Health Sciences, Vijayawada by its Registrar Krishna District, Rep
• 4, D. Pratyusha, Daughter of D. Sreenivasa rao. Occupation: Student aged about ²⁶ years. Resident of Flat no ³⁰² pranathi heavens, Vuda Phase 1, Kurmannapalem, Visakhapatnam. Aadhar No .480914006884.
• 5. Data Manojroy, Son of DARA NR. SUDHAKAR, Occupation: Student aged about ²⁵ years. Resident of D.No-1-1/4, HIG-55, Housing board colony, Rajahmundry, East Godavari District Aadhar No.349725560286.
• 6. PHIa Jyothirmai, Son of Pilla Eswara Rao, Occupation: Student abou 25 years, Resident of D-no: 6-28, Sri ranga nagar colony. No 758344o"l'72« mandal, Visakhapatnam-531019. Aadhar aged
• 7. Venkata Durga Sai Vikas Mahankali, Son of Ramu Mahankali Occupation: Student, aged about 24 years. Resident of 8-5-10 81^83^2163060^^' Eluru-534001. Aadhar No.
• 8. Vutukuri.Sudha Priyanka. Daughter of VUTUKURI SUBBARAO - ²⁴ years. Resident of Door no 5-48 LTar^r?S7S3S9"' '
• 9. Gujjala krishnamurthy. Son of Gujjala Anjineyulu, Occupation- Student aged about 27 years. Resident of 5-64, Muddalapuram(V), Kannepalli'

Bramhasamudram (M), Anantapur (Dist), Andhra Pradesh-515763. Aadhar No. 351954458394.

• 10. Sunkara nagarjuna reddy, Son of Sunkara Thripura Reddy, Occupation: Student, aged about 24 years, Resident of 4-25A, Marella, Mundlamuru Mandal, Prakasam District 523201. Aadhar No. 548532101251.
• 11. Penke Prudhvi, Son of P.V.V. Satyanarayana, Occupation: Student, aged about 25 years, Resident of 1-112, vakada, karapa mandal, East Godavari dist, Andhra Pradesh. Aadhar No. 352383407782.
• 12. Veesam Venkat Sai, Son of Veesam Durga Rao, Occupation: Student, aged about 24 years, Resident of Flat No. 105, B block, Survey nilayam, gorantla, guntur-522034. Aadhar No. 775398768330.
• 13. Kilaparti Kavya, Daughter of Kilaparthi Venkata rao, Occupation: Student, aged about 25 years. Resident of 4/148, near ramalayam velampeta, Pentapadu(M), West Godavari- 534166. Aadhar No. 330915506069.
• 14. Lavanya Lakshmi Kornepati, Daughter of Shanmukha Sai Baba Kornepati, Occupation: Student, aged about 24 years, Resident of 10-3-12/1, beside Veera Raghava Swami Temple, Mutte vari Street, Perala, Chirala, Prakasam district. Aadhar No. 340265563846.
• 15. Kastala Snigdha Sri, Daughter of kastala kantha rao, Occupation: Student, aged about 26 years, Resident of Nagavarappadu, gudivada. AadharNo. 900087383533.
• 16.D. Tejaswi, Daughter of D. Vidyasagar, Occupation: Student, aged about 24 years, Resident of c/o D. Vidyasagar Drawing teacher, Near parivarthana school, Sattenapalli, Aadhar No.841732774589.
• 17. Mohammed Naseema Sulthana, Daughter of Mohammed Ruhulla, Occupation: Student, aged about 24 years, Resident of D.no 17/104, kanuru, Vijayawada. Aadhar No.891468476193.
• 18. Nazia Sultana, Daughter of Gulam Ahamed, Occupation: Student, aged about 25 years, Resident of 30-27-20/3, Ghalib khan manzil, 2nd floor, Near ambedkar statue, Appaya nagar, Madhavadhara, Vishakapatnam, 530007. Aadhar No.822586616702.
• 19. Shaik. Nazeema, Daughter of Shaik. Saidulu bude, Occupation: Student, aged about 23 years, Resident of Door no: 25-17-401, 11th Lane, srinivasrao pet, near peerla chavdi, Guntur, 522004. Aadhar No. 715657038340.
• 20. Vemavarapu Mahesh, Son of Sri Siva Prasad, Occupation: Student, aged about 24 years, Resident of 13-19-8, Ponekallu, Guntur, Andhra Pradesh-522018.

Respondent No 4 to 20 were impleaded as per C.O.dt 12.09.2024 vide IA.No 3 of 2020 in W.P. No 9875 of 2020.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order $\sp{^\iota}$ or direction or Writ more particularly one in the nature of Writ of Mandamus,

• A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated. 29.05.2020 issued by the 1^st Respondent fixing fees structure for the block period 2020-21 to 2022-23 on the recommendations of the $2^{nd}$ Respondent dated 24.05.2020 fixing differential tuition fee structure for different categories and common fee for all colleges as arbitrary, illegal and unconstitutional, apart from being violative of principles laid down by the Hon'ble Apex Court and
• B. Consequently quash the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated. 29.05.2020 and
• C. Consequently to direct the Respondent Nos. 1 and 2 to fix uniform fee for the students joining under the category of competent authority and management quota who will be admitted into 1st year Post Graduate Degree and Diploma courses offered by the Petitioners and fix differential fee based on their accounts and after taking all the relevant factors for consideration as laid down by the Hon'ble Apex Court from the academic year 2020-21 to onwards.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of G.O.Ms.No.56 Health, Medical & Family Welfare Department Dated: 29.05.2020 issued by the Respondent, pending disposal of the above Writ Petition. $1^st$

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to take any coercive actions/ steps against the Petitioners herein, pending disposal of the above Writ Petition.

Counsel for the Petitioners: SRI S.V.S.S.SIVA RAM

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondent No.3: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

Counsel for the Respondents No.4 to 20: SRI ZEESHAN ADNAN MAHMOOD

WRIT PETITION NO: 9876 OF 2020

Between:

• 1. The NRI Academy of Sciences, A Society Registered under AP Registration of Societies Act 2001 Having its Registered office at 60-3-1/4, YK Buildings, Route No 5, Ramachandra Nagar, Vijayawada Rep.by its Secretary, Mr.Appa Rao Mukkamala
• 2. NRI Medical College and General Hospital, Rep. by its Principal, Dr.N.Lakshmi. Mangalagiri Road, Chinakakani-522503 Guntur District, Andhra Pradesh

...Petitioners

AND

1. The State of Andhra Pradesh, Department of Health and Medical and Family Welfare Department of Health and Medical and Family Welfare, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

• 2. Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), Rep. by its Secretary 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-15, Tadepalli, Guntur
• 3. N.T.R. University of Health Sciences, Rep by its Registrar Vijayawada,
• 4. Gudipalli Keerthi, Daughter of Gudipalli Krishna Prasad, Occupation: Student, Aged about 23 Years, Resident of H.No. 10-36(a), Beside Kothapeta Post office, Near by panchayath office, Kothapeta, Chirala, Prakasam District, Andhra Pradesh, Aadhar Card No. 253631962218.
• 5. B. Deepthi Lahari, Daughter of B.V.R. Naik, Occupation: Student, Aged about 24 Years, Resident of H.No.17-11-9/6, Doctors Arcade, Maharanipeta, Visakhapatnam District, Andhra Pradesh, Aadhar Card No. 379669113582.
• 6. Golagana Venkata Sal Kaushik, Son of Golagana Parvathi Rao, Occupation: Student, Aged about 25 Years, Resident of H.No.5-29-45/4, Thokada, Tonagar, Near Bhpv (Post), Gajuwaka, Visakhapatnam District, Andhra Pradesh, 530012, Aadhar Card No. 505412395153.
• 7. Rompilli Joshua, Son of Rompilli Prasada Rao, Occupation: Student, Aged about 26 Years, Resident of H.No.4-3-53, Kotthagraharam, 2nd Lane, Vizianagaram District, Andhra Pradesh, 535002, Aadhar Card No. 743413070494.
• 8. Meghavath Meghana, Daughter of M.P.V.Naik, Occupation: Student, Aged about 25 Years, Resident of 6-12-12/2, F1 MK's Siddhi Nivas, Madhura Veedhi, Opp lane of SFS church, Chinna Waltair, Visakhapatnam District, Andhra Pradesh, 530017, Aadhar Card No. 699710200406.
• 9. Raharaju Bala Subramanyam, Son of P.V. Chalapathi Rao, Occupation: Student, Aged about 24 Years, Resident of H.No-54-16-8/15, S4, Sowmya Apartments, Venkateswara Nagar, Vijayawada, Krishna District, Andhra Pradesh, 535002, Aadhar Card No. 901022451607.
• 10. Anusha Guntamukkala, Daughter of G. Taraka Ram, Occupation: Student, Aged about 28 Years, Resident of H. No.59a-20-1/24, Plot No: 16, Gurunanak Road, Vasavi nagar, Vijayawada, Krishna District, Andhra Pradesh, 520008, Aadhar Card No. 653172872645.
• $11.$ V.N.D.Sasi Rekha, Daughter of V.Satyanarayana Murthy, Occupation: Student, Aged about 23 Years, Resident of H.No.20-4-3, Bodavari street, Mandapeta, East Godavari District, Andhra Pradesh, Aadhar Card No.368825300709.

Respondent No ⁴ to ¹¹ were impleaded as per C.O.dt 12.09.2024 vide lA.No ³ of 2020 in W.P. No 9876 of 2020.

...Respondents

226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may order or direction or Writ more particularly one in the Petition under Article the circumstances stated in be pleased to issue an nature of Writ of Mandamus,

• A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated 29/05/2020 issued by the ¹ Respondent fixing fees structure the recommendations of for the block period 2020-21 to 2022-23 on 24/05/2020 fixing differential tuition fee the 2'"'^ Respondent dated different categories and common fee for all colleges as unconstitutional, apart from being violative of structure for arbitrary, illegal and principles laid down by the Hon'ble Apex Court and
• G.O.Ms.No.56 Health, Medical and Family B. Consequently quash the Welfare Dept Dated 29/05/2020 and
• C. Consequently to direct the Respondent Nos. ¹ and ² to fix uniform fee for the students joining under the category of competent authority and who will be admitted into f year Post Graduate management quota Degree and Diploma courses differential fee based on relevant factors for consideration as laid down by the Hon'ble Apex Court from the academic year 2020-21 to onwards. offered by the Petitioners and fix their accounts and after taking all the

lA NO: ¹ OF 2020

under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of G,O.Ms.No,56, Health, medical and family welfare department dated 29-05-2020, issued by the first respondent pending disposal of the above writ petition. Petition

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to take any coercive actions/step against the petitioners herein, pending disposal of the above writ petition.

Counsel for the Petitioners: SRI S.V.S.S.SIVA RAM

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondents: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

Counsel for the Respondents: SRI ZEESHAN ADNAN MAHMOOD

WRIT PETITION NO: 9877 OF 2020

Between:

• 1. Siddhartha Academy of General and Technical Education, A Society Registered under AP Registration of Societies Act, 2001 Having its registered office at Siddhartha Nagar, Vijayawada, Andhra Pradesh -520 010 Rep.by its Secretary Paladugu Lakshmana Rao
• 2. Dr.Pinnamaneni Siddhartha Institute of Medical Sciences and Research Foundation, Chinna Avutapalli, Gannavaram Mandal Krishna District, Andhra Pradesh- 521286, Rep. by its Principal, Dr. P. Satyanarayana

AND

...Petitioners

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Health and Medical and Family Welfare, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

• 2. Andhra Pradesh Higher Education Regulatory and Monitoring Commission, (APHERMC), Rep. by its Secretary, 3^rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-15, Tadepalli, Guntur District.
• 3. N.T.R. University of Health Sciences, Vijayawada, Krishna District, Rep. by its Registrar.
• 4. Kakumanu Chandana, Daughter of K.Srinivasa Rao, aged about 25 years, Occupation Student, Resident of 59A-21/4-3, gayatri nilaya, R.R. aardens, patamata, vijayawada-520008. Aadhar number 274328038165.
• 5. B. Meghala, Daughter of B Venkateshwara Rao, aged about 25 years, Occupation Student, Resident of 3-111, sitarama nilayam, nagayalanka, Krishna Dt. Aadhar No.634228468524.
• 6. Rongali Lochana, Daughter of R Gnaneshwar Rao, aged about 26 years, Occupation Student, Resident Of 30-4-10, Vadlapudi, Rh Colony, Visakhapatnam, 530046. Aadhar no:304680958097.
• 7. Jeldi Blandina Deepthi, Daughter of J Munelah, aged about 25 years, Occupation Student, Resident of 1331/1, House Near Ganesh Temple. Kothapeta, Vinukonda, Guntur District.522647, Aadhar no:215545372008.

Respondent No 4 to 7 were impleaded as per C.O.dt 12.09.2024 vide IA.No 3 of 2020 in W.P. No 9877 of 2020.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus.

A. Declaring the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated. 29.05.2020 issued by the 1^st Respondent fixing fees structure for the block period 2020-21 to 2022-23 on the recommendations of the 2^nd Respondent dated 24.05.2020 fixing differential tuition fee structure for different categories and common fee for all colleges as arbitrary, illegal and unconstitutional, apart from being violative of principles laid down by the Hon'ble Apex Court and

• B. Consequently quash the G.O.Ms.No.56 Health, Medical and Family Welfare Dept Dated. 29.05.2020 and
• C. Consequently to direct the Respondent Nos. 1 and 2 to fix uniform fee for the students joining under the category of competent authority and management quota who will be admitted into 1^st year Post Graduate Degree and Diploma courses offered by the Petitioners and fix differential fee based on their accounts and after taking all the relevant factors for consideration as laid down by the Hon'ble Apex Court from the academic year 2020-21 to onwards.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of G.O.Ms.No.56 Health, Medical & Family Welfare Department Dated: 29.05.2020 issued by the Respondent, pending disposal of the above Writ Petition. $1^st$

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to take any coercive actions/ steps against the Petitioners herein, pending disposal of the above Writ Petition.

Counsel for the Petitioners: SRI S.V.S.S.SIVA RAM

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.2: SRI C.SUDESH ANAND

Counsel for the Respondents: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

Counsel for the Respondents: SRI ZEESHAN ADNAN MAHMOOD

WRIT PETITION NO: 10159 OF 2020

Between:

• 1. AYESHA ANJUM, Daughter of Md Dilawar Ali, Occupation Student, aged about 24 years, Resident of 301, Monica castle apartment, Upperpally, Hyderabad - 500048. Aadhar No.687891132749
• 2. Dr.POLLURU LAHARI, Daughter of POLLURU ANANDA RAO, Occupation Student, aged about 24 years, Resident of plot no.6, L.B.S colony, Padmavathi nagar extension, srikakulam 532001. Aadhar No.368421904311
• 3. Dr.DONEPUDI ROJA AISHWARYA, Daughter of Donepudi Srinivasa Babu, Occupation Student, aged about 24 years, Resident of 7-77,2nd lane, sunflower colony, challapalli, Krishna dt. Aadhar No.427159311470 srinivas.
• 4. Dr.YELLA SITARA GEETANJALI, Daughter of yella Occupation Student, aged about 25 years, Resident of flat no.cdream homes-1,k k raju green road, eluru, west godavari dt, 534001. Aadhar No.997929757949
• 5. Dr.SWETHA POGIRI, Daughter of mukhalingam pogiri, Occupation Student, aged about 25 years, Resident of 4-05, prashanthi nagar, rajam, srikakulam. Aadhar No.267851485365

...Petitioners

AND

• 1. THE STATE OF ANDHRA PRADESH Represented by Special Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada-522238.
• 2. Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES NH16, service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.
• 3. ANDHRA PRADESH HIGHER EDUCATION REGULATORY 8s MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.
• 4. MEDICAL COUNCIL OF INDIA, Pocket-14, Sector 8, Dwaraka Phase - 1, New Delhi-110077. Represented by its Secretary General

5. MAHARAJA INSTITUTE OF MEDICAL SCIENCE, at Vizianagaram, 31-15, Nellimarla, near MDO Office, Vizianagaram, Andhra Pradesh -

...Respondents

Cause title amended orders passed in I.A.No.2 of 2020 in WP.No.10159 of 2020 vide Court order dated 09-07-2020.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/ Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I).

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) pending disposal of the above writ petition.

lA NO: ³ OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances ^f the petition, the High Court may be matter under the caption For error in Order dated 09-07- STUDENTS AGREED RS.45,000/- FOR THREE 5i3l0u in the camidavit filed in support pleased to direct the Registry to list the above Being Mention for correcting the typographical 2020 in IA.No.1 of 2020 in WP.No.10159 of 2020 that FOR PAYMENT OF ADDITIONAL AMOUNT OF YEARS. SUBSEQUENT TO THE ADMISSION.

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.3: SRI C.SUDESH ANAND

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

Counsel for the Respondent No.4: SRI VIVEK CHANDRA SEKHAR

WRIT PETITION NO: 10195 OF 2070

Between;

• 1. MADIREDDI NAGA SIRISHA, Daughter of Madireddi Sanyasi Rao Occupation Student, Aged about 26 years, Resident of H.no.2-14 Mandal, Vizainagaram District Andhra Pradesh-535240, Aadhar Card No.206938720549
• T^MANASA, Daughter of T. V. Narasimhulu, Occupation Student Aaed about ³⁴ years. Resident of Aishwarya Heritage, Flat 405, Lingarnpallv Hyderabad, Telangana State, Aadhar Card No.759230226278

...Petitioners

AND

^ PRADESH Represented by Special SIrtTri n'' Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada-522238. ^

• 2. Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.
• ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501 Represented by its Secretary. 3.
• MEDICAL COUNCIL OF INDIA, Pocket-14, Sector 8, Dwaraka Phase -1, New Delhi-110077. Represented by its Secretary General 4.
• NRI INSTITUTE OF SCIENCES, Sangivalasa, Bheemunipatnam Taluq Vishakapatnam, 531162 Represented by its Principal 5.

...Respondents

Cause title amended orders passed in I.A.No.2 of 2020 in WP.No.10159 of 2020 vide Court order dated 09-07-2020.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/ Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

lA NO: ¹ OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) pending disposal of the above writ petition.

lA NO: 3 OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting the typographical error in Order dated 09-07- 2020 in IA.No.1 of 2020 in WP.No.10195 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS. SUBSEQUENT TO THE ADMISSION.

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.3: SRI C. SUDESH ANAND

Counsel for the Respondents: SRI VIVEK CHANDRA SEKHAR

Counsel for the Respondent No.2: SMT. T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

WRIT PETITION NO: 1Q229 OF 2020

Between:

1. BHAVISHYA VANGA, Father Name. Sudhakara Reddy Vanga Age. 25 Kesident of 89-4-737. Ward No 26, HIG 77. APHB Colony. Guntur.

• ^ Seetha Ramaiah Aqe. 26 kurmannapaiem°visafha%?n?my^AnShraPra^^ sriramnagar.
• A.satyanarayana Age 25 Resident of Dno.5-45, Ihota vari veedi, jaggampeta ma^dalam
• Jaggampeta, East Godavari District, Andhra Pradesh ⁵³³⁴³⁵ %'a^Ar25Tet"e"nfo7Dnor;02/^^^^^^^^v'aTharaL^nr^Tdt:

...Petitioners

AND

• ' PRADESH Represented by Special Chief Secretary to Government, Health, Medical and Family elfare (C1) Department, Secretariat, Vijayawada-522238. ^
• I "i;' OF HEALTH AND SCIENCES NH16 service by etReg^^ha^r ' Pradesh-520008. Represented
• 3. ANDHRA PRADESH HIGHER EDUCATION REGULATORY AMn monitoring commission (APHERMC), 3rd floor Sree Mahendra Enc^ve, NRI Block (C Block). NH-16. Tadepalli. GuntufDfstdc^^'^^ 522501. Represented by its Secretary.
• 4. COUNCIL OF INDIA, Pocket-14, Sector 8 Dwaraka Phase -1. New Delhi-110077. Represented by its Secretary General
• COLLEGE AND HOSPITAL, KaturiNahar Guntur Andhra Pradesh 500019, Represented by its Principal.

...Respondents

909^0 ® passed in I.A.No.1 of ²⁰²⁰ in WP No ¹⁰²²⁹ of ²⁰²⁰ vide Court order dated 09-07-2020. vvh.no.1 ⁰²²⁹ of

Petition under Article 226 of the Constitution the circumstances stated ⁱ be pleased to issue of India praying that in in the affidavit filed therewith, the High Court may more particularly declaring the action of the an appropriate Writ, Order or Direction in the nature of Writ of Mandamus one

Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.3: SRI C. SUDESH ANAND

Counsel for the Respondent No.4: SRI VIVEK CHANDRA SEKHAR

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

WRIT PETITION NO: 10290 OF 2020

Between:

• 1. Dr.GUGULOTH SHEKHAR, Son of Guguloth Bhav singh, Occupation Student, aged about ²⁷ years. Resident of H.No.3-153. Bhagya Nagar Thanda, singareni, khammam 507123. Aadhar No.873580842637
• 2. Dr.K.INDIRA PRIYA, Daughter of K.Satyannarayana Murty, Occupation Student, aged about 24 years. Resident of - Door no/3-68, Naidu street, siripuram village, Srikakulam district. Aadhar No.903698277568
• 3. Dr.BALlJE SWETHA, Daughter of Balije Thippanna, Occupation Student, aged about 26 years. Resident of D .No. 16-11-424, harinadhpuram, Nellore, 524003. Aadhar No.346114184793
• 4. Dr.PANEM ROHINI PRIYA, Daughter of Panem Rammohan, Occupation Student, aged about 23 years, Resident of Door No.17-21-42, Pezzonipetta, Zakaraiah Street, Vijayawada, Krishna district-520003. Aadhar No.671756461244
• 5. Dr.P. SURYA PRASANNA, Son of P. Tataji, Occupation Student, aged about 25 years, Resident of door no .219 MIG 2 phase 3 Vuda Colony Cantonment Vizianagaram. Aadhar No.361192567030
• 6. Dr.NIKHAT AFSHAN, Daughter of Md Munimuddin imran, Occupation Student, Resident of FF3, soumya enclave LIC colony 3rd road jayaprakash nagar, Vijayawada-520008.Aadhar No.503119746341
• 7. Dr.METTU ANISHA, Daughter of M Rajasekhara Rao, Occupation Student, aged about 24 years, Resident of flat no 302, srinivasa towers, 3/1 ashok nagar, Guntur - 522002. Aadhar No.274592159550
• 8. Dr.SHAIK BABY HASEENA, Daughter of Shaik meeravali, Occupation Student, aged about 24 years, Resident of brahmana kodur(post), Ponnur Mandal, Guntur District, A.P.-522212. Aadhar No.956246766357

...Petitioners

AND

1. THE STATE OF ANDHRA PRADESH Represented by Special Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada-522238.

• 2. Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented
• 3. ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.
• 4. MEDICAL COUNCIL OF INDIA, Pocket-14, Sector 8, Dwaraka Phase - 1, New Delhi-110077. Represented by its Secretary General
• 5. Dr. PINNAMANENI SIDHARTHA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH FOUNDATION, Chinna Autapallu, Vijayawada-

...Respondents

Cause title amended orders passed in I.A.No.1 of 2020 in WP.No.10290 of

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

lA NO: ¹ OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavyit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) pending disposal of the above writ petition.

lA NO: 3 OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting* the typographical error in Order dated 09-07- 2020 in IA.No.1 of 2020 in WP.No.10290 of 2020 that STUDENTS AGREED

40

FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION.

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.3: SRI C. SUDESH ANAND

Counsel for the Respondent No.4: SRI VIVEK CHANDRA SEKHAR

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

WRIT PETITION NO: 10292 OF 2020

Between:

• 1. DASARI BENJIMAN, Son of Prakasa Rao, Occupation Student, Aged about 25 Years, Resident of H.No.3-65A, Thikkireddy palem, Prathipadu. Guntur, Andhra Pradesh-522019, Aadhar Card No.392112381510
• 2. KATRU GAYATHREE, Daughter of Katru Srinivasa Rao, Occupation Student Aged about 29 Years, Resident $of$ H.No.1-90. Khandrikagudem center, Thangellamudi Mandal, Eluru, West Godavari District, Andhra Pradesh -534005, Aadhar Card No 775618618673
• 3. PANDI RAMYA, Daughter of Pandi Seetaram, Occupation Student Aged about 26 Years, Resident of Flat No.302, SSV Lotus, Near Cooperative Bank, Visalakshinagar, Visakhapatnam, Andhra Pradesh-530043, Aadhar Card No 307675739907

...Petitioners

AND

• 1. THE STATE OF ANDHRA PRADESH Represented by Special Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada-522238.
• 2. Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.

• ³ ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.

• 4, MEDICAL COUNCIL Of" INDIA, Pocket-14, Sector 8, Dwaraka Phase - 1, New Delhi-110077. Represented by its Secretary

• 5. NRI ACADEMY OF SCIENCES, Chinnakakani-Mangalagiri Mandal, Guntur District, Andhra Pradesh, 522503 Represented by its Principal

...Respondents

Cause title amended orders passed in l.A.No.1 of ²⁰²⁰ in WP.No.10292 of 2020 vide Court order dated 09-07-2020.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/ Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-1) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to ⁴ herein m not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive violative of the regulations and guidelines of the Respondent No.1 powers, ⁴ herein and Article 14, and ¹⁹ of the Constitution of India and to consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-1).

lA NO: ¹ OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to

Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority (Phase-I) pending disposal of the above writ petition. Quota

lA NO: 3 OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting he typographical error in Order dated 09-07- 2020 in IA.No.1 of 2020 in WP.No.10292 of 2020 that STUDENTS FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION. AGREED

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.3: SRI C SUDESH ANAND

Counsel for the Respondents: SRI VIVEK CHANDRA SEKHAR

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

WRIT PETITION NO: 10300 OF 2020

Between:

• 1. PITHANA MONICA ANEESHA, Daughter of Pithana Apparao Age 25 H.No.24 -167, opposite to Chandana Giri Towers, Simhapuri Colony road, Gosala down, Gayatri Nagar, Vepaguntapost,
• 2. MOUNIKA MODALAVALASA, Daughter of M. Venkata Ramana Age 24. H.NO.404/B, Samaikya Apartments, Thokada, Autonagar Visakhapatnam, Andhra Pradesh. D block.
• 3. BAND! SIRISHA, Daughter of B. Venkateswarlu, Age 26, H.No.Mig-2- 144, Vikasnagar. New Gajuwaka, Visakhapatnam, Andhra Pradesh.
• 4. T. SAHAY SAJEEV, Son of T.S.K. NIRANJAN, Age. 29, H.No.21-4-4, Sudershan street, Bhimavaram, West Godavari District, Andhra Pradesh
• 5. MOUNICA PEDAPALLI, Daughter of KOTESWARA RAO, Age. 25, H.No.4-16-104/A, Bharatpet, 2^nd Lance, 1st Cross Road, Guntur, Andhra Pradesh.
• 6. CH. SIDDHAVALI, Son of Siddhaiah, Age. 33, H.No.FF-1, VALA Heights Apartment, Beside water tank road, Perantallamma temple, Beside My Mart, Ballem Vari Veedhi Prasadhampadu, Vijayawada Krishna District, Andhra Pradesh
• 7. NANDIPATI SIRIL, Son of Nandipati Sadasiva Rao, Age. 25, Arundelpet, 13/2, Door no.1173, Guntur, Andhra Pradesh-522002
• 8. BENDI RESHMA, Daughter of Bendi Chiranjeeva Rao, Age. 24, R/O. MIG-134, Phase 4, Vuda Colony, Contonment, Vizianagaram, Andhra Pradesh.

...Petitioners

AND

• 1. THE STATE OF ANDHRA PRADESH Represented by Special Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada-522238.
• 2. Dr. N.T.R UNIVERSITY OF HEALTH AND SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.
• 3. ANDHRA PRADESH HIGHER EDUCATION REGULATORY AND MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.
• 4. MEDICAL COUNCIL OF INDIA, Pocket-14, Sector 8, Dwaraka Phase - 1, New Delhi-110077. Represented by its Secretary General.
• 5. ALLURI SEETHARAMARAJU ACADEMY OF MEDICAL SCIENCES (ASRA), Eluru, West Godavari District, Andhra Pradesh-534005. Represented by its Principal.

$\mathcal{L}{\mathcal{L}} \subset \mathcal{L}{\mathcal{M}}$

...Respondents

Cause title amended orders passed in I.A.No.1 of 2020 in WP.No.10300 of 2020 vide Court order dated 09-07-2020.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) vide Web Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I).

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) pending disposal of the above writ petition.

IA NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to lit the above matter under the caption For

Being Mention for correcting the typographical error in Order dated 09-07-2020 in IA.No.1 of 2020 in WP.No.10300 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS SUBSEQUENT TO THE ADMISSION.

Counsel for the Petitioners: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.3: SRI C SUDESH ANAND

Counsel for the Respondents: SRI S VIVEK CHANDRA SEKHAR

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

WRIT PETITION NO: 10345 OF 2020

Between:

• 1. GUDE MANJU BHARGAVI, Daughter of Srinivasa Rao, Occupation Student, Aged about 27 Years, Resident of main road, Dondapadu Agraharam, satuluru, Guntur District, Andhra Pradesh-52254, Aadhar card No.948899411316
• 2. REENA PARVEEN, REENA PARVEEN Daughter of Maqbool Noor Mohieddin, Occupation Student Aged about 27 Years, Resident of H.No.14-43, Sri Shiridi Sai Nilayam, Tulsi Nagar, 3rd lane, Kanuru, Penamaluru Mandal, Krishna District, Andhra Pradesh-520007, Aadhar Card No.745255827163
• 3. CH. CHANDU TEJA, Son of Ch. Venkateswara Rao, Occupation Student Aged about 24 Years, Resident of Tenali, Guntur District, Andhra Pradesh, Aadhar Card No.836033670866
• 4. K. SARANYA, Daughter of K.Chakranatha Reddy, Occupation Student, Aged about 25 Years, Resident of H.No.2-73/ 1, Road No.2, MK Naidu Colony, Tirupathi, Chittoor District-Andhra Pradesh-517501, Aadhar Card No.443649318935
• 5. YASMIN, Daughter of Ayub Basha Mohammad, Occupation Student, Aged about 27 Years, Resident of H.No.49-42-32, Sinkavanipalem, Akkayyapalem, Visakhapatnam District, Andhra Pradesh-530016, Aadhar Card No. 707717019759
• 6. TIRLANGI ANAND PRATAP, Son of Tirlangi Vasudeva Rao, Occupation Student, Aged about 25 Years, Resident of H.No.2-102, Old Bank Street, Tolapi, Srikakulam District, Andhra Pradesh-532402, Aadhar Card No. 644376708508
• 7. DASARI ANUSHA, Daughter of Dasari Jayaprakash rao, Occupation Student, Aged about 26 Years, Resident of A.T Agraharam, 5th lane, Guntur, Guntur District. Andhra Pradesh-Aadhar Card No 717044011019

...Petitioners

AND

1. THE STATE OF ANDHRA PRADESH Represented by Special Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, Secretariat, Vijayawada-522238.

• 2. Dr. N.T.R UNIVERSITY OF HEALTH and SCIENCES, NH16 service Road, Gunadala, Vijayawada, Andhra Pradesh-520008. Represented by its Registrar.
• 3. ANDHRA PRADESH HIGHER EDUCATION REGULATORY and MONITORING COMMISSION (APHERMC), 3rd floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501. Represented by its Secretary.
• 4. MEDICAL COUNCIL OF INDIA, Pocket-14, Sector 8, Dwaraka Phase - 1, New Delhi-110077. Represented by its Secretary General
• 5. GREAT EASTERN MEDICAL SCHOOL and HOSPITAL, Door No.3-51, Rajolu, Srikakulam District, Andhra Pradesh, 532484 Represented by its Principal

...Respondents

Cause title amended orders passed in I.A.No.1 of 2020 in WP.No.10345 of 2020 vide Court order dated 09-07-2020.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.5 herein in not permitting the Petitioner to Report and Pay Fee for the Admission into P.G Medical/Dental Courses for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) vide Web

Counselling dated 29.05.2020 to 31.05.2020 conducted by the Respondent No.2 University and also the inaction of the Respondent Nos.1 to 4 herein in not taking any action on the Respondent No.5 for the said illegal action of closing down the institution abruptly as illegal, arbitrary, abuse of executive powers, violative of the regulations and guidelines of the Respondent No.1 to 4 herein and Article 14, and 19 of the Constitution of India and consequently direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course for the Academic Year 2020-21 under Competent Authority Quota (Phase-I).

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 herein to permit the Petitioner to Report and Pay Fee for the Admission into P.G Medical Course (General Medicine) for the Academic Year 2020-21 under Competent Authority Quota (Phase-I) pending disposal of the above writ petition.

IA NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry to list the above matter under the caption For Being Mention for correcting the typographical error in Order dated 09-07-2020 in IA.No.1 of 2020 in WP.No.10345 of 2020 that STUDENTS AGREED FOR PAYMENT OF ADDITIONAL AMOUNT OF RS.45,000/- FOR THREE YEARS, SUBSEQUENT TO THE ADMISSION.

Counsel for the Petitioner: SRI DHARMESH D.K.JAISWAL

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.3: SRI C.SUDESH ANAND

Counsel for the Respondents: SRI S VIVEK CHANDRA SEKHAR

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

WRIT PETITION NO: 10371 OF 2020

Between:

Rowthula. B.V.D. Sesha Sai Kondala Rao, S/o Satyanarayana Murthy, Aged about ²⁶ years, Student, R/o D.No. 16-4-3/5, Sri Ramnagar, Sai Baba Gudi Veedhi, Rajamahendravaram, East Godavari District.

...Petitioner

AND

• 1. The State of Andhra Pradesh, represented by its Principal Secretary, (Medical) Health and Family Welfare, Department, Secretariat, Velagapudi, Guntur District.
• Dr. N.T.R. University of Health and Sciences, Rep by its Registrar, Gundala, Vijayawada. 2.
• Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), Rep by its Secretary, 3rd floor, Sree Mahendra Enclave, NRI Block, Tadeapalli, Guntur District. 3.
• The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi. 4.
• Directorate General of Health Services Rep by its Medical Counselling Committee, , P.G Medical/Dental Counselling (NEET), Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi. 5.
• The Medical Council of India, Rep by its Secretary, Pocket-14, Sector 8, Dwaraka Phase I, New Delhi. 6.
• Katuri Medical College and Hospital (KATR), Rep by its Principle, Guntur, Andhra Pradesh. 7.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue ^a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents Particularly

Respondent No.7 herein in not permitting the petitioner to admit/report and pay the fee for admission into P.G Medical course (GS-MS(General Surgery) for the Academic year 2020-21 under Competent .Authority Quota (Phase-1) Vide Web counselling dt 29-5-2020 to 31-5-2020 conducted by the 2nd respondent herein and inaction of the respondents no ¹ to 6 herein in not taking any action against the respondent no ⁷ herein for not admitting the petitioner into the college as per the allotment letter, dt 31-5-2020, is Illegal, arbitrary, violative of Principles of Natural Justice, abuse of Executive power vested in the authorities, violation of Regulations and guidelines issued by the respondent no ¹ to 6 herein from time to time Medical Council of India Act, 1956, The NTR University Health Science Act, 1986 and Arts 14, 19 of the Constitution of India and contrary to the consequentially direct the respondents not ¹ to 6 to see that the respondent no 7 admit the petitioner and pay the fee for admission into P.G Medical course (GS-MS(General Surgery) for the Academic year 2020-21 under Competent line, as per the 2nd Authority Quota (Phase-1) (CQ) before the dead respondent University.

lA NO: ¹ OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 7**^ respondent herein admit/report and pay the fee for admission MS(General Surgery) for the Academic Authority Quota (Phase-1) time stipulation of the 2"^^ respondent University, pending d above Writ Petition. to permit the petitioner to into P.G Medical course GSyear 2020-21 under Competent per the allotment letter, dt. 30-5-2020 and as isposal of the

Counsel for the Petitioner: SRI ^T V JAGGI REDDY

Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH FAMILY WELFARE &

Counsel for the Respondent No.3: SRI C.SUDESH ANAND

Counsel for the Respondent No.4: SRI S VIVEK CHANDRA SEKHAR

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY Counsel for the Respondents No.4 and 5: SRI POSALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

WP(PIL) NO: 150 OF 2020

Between:

Thota Suresh Babu, S/o Rama Rao, aged 38 years, Occ- Journalist / Social Worker, R/o 26-44-165, 7^th Line, NGO Colony, Guntur City, Guntur District

...Petitioner

AND

• 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, 5th block, Ground Floor, Room No.157, A.P Secretariat, Velagapudi, Guntur District.
• 2. NTR Health University, Rep. by Registrar, NTR University of Health Sciences, Ring Road, Vijayawada-520 008, Andhra Pradesh.
• 3. The Principal Secretary, Department of Higher Education, Government of Andhra Pradesh, 4^th Block, 1^st Floor, Room No.267, A.P. Secretariat Office, Velagapudi, Guntur District.
• 4. The Secretary, AP Higher Education Regulatory and Monitoring Commission (APHER and MC) Higher Education Department, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501, Andhra Pradesh.
• 5. The Medical Council of India, Rep. by its Secretary, Ministry of Health and Family Welfare, Government of India, Picket-14, Sector - 8, Dwarka Phase -1, New Delhi - 110077,
• 6. The Dental Council of India, Rep. by Secretary, Government of India, Aiwan-E-Galib Marg, Kotla Road, Temple lane, Opp. Mata Sundari College for Women, New Delhi-110002.
• 7. The Andhra Pradesh Private Medical and Dental Colleges Management's Association, Rep. by its Secretary, Door No.60-1-2/2, Siddhartha Nagar, Vijayawada Urban, Krishna District, Andhra Pradesh.

$\mathcal{L}_{\mathcal{L}}$

...Respondents

Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue ^a Writ Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Association in not implementing the G.O.Ms No.56 dated 29.05.2020 issued by the Government of Andhra Pradesh, Medical, Health Department to reduce the fee structure throughout the Andhra more particularly P.G. Medical Seats for all specialties is highly illegal arbitrary, improper, unjust, principles of natural justice praying that in 7th respondent and Family Welfare Pradesh violation of Article 14 and MC, Act respondent Association to 29.05.2020 issued by the Medical, Health and Family Welfare Department to reduce the fee structure throughout the Andhra Pradesh more particularly P.G, Medical Seats for all specialties. and ¹⁶ of the Constitution of India contrary to Act ⁵ of APHER and Rules, 1983 and consequently direct the 7' implementing the G.O.Ms.No.56 dated Government of Andhra Pradesh

lA NO: ¹ OF 2070

Petition under Section ¹⁵¹ CPC stated in the affidavit filed ⁱ pleased to direct by way of interim direction praying that in the circumstances in support of the petition, the High Court may be to the respondents to implement the G.O.Ms.No.56 dated 29.05.2020 issued by the Government of Andhra Pradesh, Medical, Health and Family Welfare Department Structure throughout the Andhra Pradesh to reduce the fee more particularly P.G. Medical and Dental Seats for all specialties pending disposal of the Writ Petition (PIL).

lA NO: 2 OF 2090

Petition under Section ¹⁵¹ CPC stated in the affidavit filed ⁱ praying that in the circumstances in support of the petition, the High Court may be ^j to take stringent action by filing respondent Association and its member ^I colleges management for violating the pleased to direct the respondents No.1 to 6 Criminal cases against the 7*^ colleges of PG Medical and Denta

Act No.5 of 1983 and G.O.Ms.No. 56 issued by Respondent pending disposal of the Writ Petition (PIL).

lA NO: 3 OF 2020

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.1 to 6 to take steps for cancellation of recognition of PG Medical and Dental colleges in failing to implement the free structure vide G.O.Ms.No.56 dated 29.05.2020, who violating the Act No.5 of 1983 pending disposal of the Writ Petition (PIL).

j

Counsel for the Petitioners: SRI SRINIVASA RAO NARRA

Counsel for the Respondent No.1 and 3: GP FOR MEDICAL HEALTH & FAMILY WELFARE

Counsel for the Respondent No.4: SRI C.SUDESH ANAND

Counsel for the Respondents: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

Counsel for the Respondent No.2: SMT T.V.SRIDEVI, SC for Dr. NTR UNIVERSITY

Counsel for the Respondent No.5: SRI ^S VIVEK CHANDRA SEKHAR

The Court made the following common order:

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Bench Sr.Nos:-SL-1 to 19 [3446]

APHC010158802020

WRIT PETITION NO: 9871 of 2020 ALONG WITH W.P. Nos.5696 and 5699 of 2022; W.P.Nos.9750, 9812, 9814, 9874, 9875, 9876, 9877, 10159, 10195, 10229, 10290, 10292, 10300, 10345 & 10371 of 2020 and W.P.(PIL) NO: 150 of 2020

WRIT PETITION NO: 9871 of 2020

Mother Theressa Educational Society and Others

$...$ Petitioner(s)

Vs.

The State Of Ap and Others

$...$ Respondent(s)

Advocate for Petitioner:

Mr. Srinivasa Rao Narra, Mr. Challa Gunaranjan, Mr. Dharmesh D K Jaiswal, Mr. S.V.S.S.Sivaram

Advocates for Respondents:

Learned Advocate General, Learned Deputy Solicitor General of India, Mr. C Sudesh Anand

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO

**********

: 12^th December, 2024. DATE

PER DHIRAJ SINGH THAKUR, CJ:

There are two sets of petitioners before us. One set of petitioners are the various private unaided minority and non-minority medical colleges and their associations, who challenge Government Order No. 56, dated 29.05.2020, issued by the Government of Andhra Pradesh, Medical, Health

and Family Welfare Department, which fixes medical courses for the block period 2020-21 to 2022-23. the fee for postgraduate

2. Second set of petitioners are the candidates who seek the enforcement of Government Order No. 56, fixing the fee for the PG courses in various medical colleges. WP(PIL) No. 150 of 2020 ⁱ similar relief. filed seeking a IS

LEGAL FRAMEWORK:

3. There is in force in the State of Andhra Pradesh an Act called the Andhra Pradesh Higher Education Reguiatory and Monitoring Commission Act, ²⁰¹⁹ (hereinafter referred to as, "the Act of 2019"). The said Act, according to the preamble, was enacted "to establish the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Standards of education, regulation of fee safeguard the interest of students and to excellence, financial stability and probity along with good for matters connected therewith or incidental thereto." to maintain service condition of teachers and ensure public spiritedness, equity. governance and

4. The Act is meant to apply to all higher educational including medical, dental, agriculture, horticulture in the State of Andhra Pradesh. institutions and veterinary institutions

2

The Commission is headed by ^a Chairperson, who is to be ^a retired Judge of the High Court and other members, in terms of Section ⁴ of the said Act.

5. Chapter III deals with Powers and Functions of the Commission. Section 9(ii), in particular, provides that the Commission shall have the to monitor and regulate fee in higher educational institutions in accordance with the rules, guidelines and procedures prescribed for that power purpose.

6. In exercise of the powers conferred under sub-section ¹ of Section 23 of the Act of 2019, the rules called as the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Rules, 2019 (for short, "the Rules") have been framed.

Rule ⁸ of the said Rules deals with the power of the Commission to call from each institution its proposed fee structure well in advance along with the relevant documents and books of account for scrutiny.

The Commission in terms of Rule 8(2) has the power to decide whether the fee proposed by the institutions is justified and does not amount to profiteering or charging of capitation fee.

Rule 8(3) vests in the Commission the liberty to approve or alter the proposed fee for each course to be charged by the institution. The proviso.

however, envisages that it shall give the institution an opportunity of being heard before fixing any fee or fees. Rule 8(4) requires the Commission to take into consideration the following factors while prescribing the fee.

"(a) The location of the Higher Educational Institution,

(b) The nature of the course,

(c) The cost of available infrastructure,

(d) The expenditure on administration and maintenance,

(e) A reasonable surplus required for growth and development of the Higher Educational Institutions,

(f) The revenue foregone on account of waiver of fee, if any, in respect of students belonging to the Scheduled Caste, Scheduled Tribes and wherever applicable to the Socially and Educationally Backward Classes and other Economically Weaker Sections of the Society, to such extent as shall be notified by the Government from time to time,

(g) Any other relevant factor."

7. The Rules further envisage that the Commission shall communicate the fee structure as determined by it to the Government for notification under Act 5 of 1983.

8. It has been further envisaged that the fee determined by the Commission shall be valid for a period of three years. Rule 8(7) envisages further that the fee so determined shall be applicable to a candidate who is admitted to an institution in that academic year and shall not be altered till the completion of his/her course in the institution in which he/she was originally admitted.

9. Section ²² of the Act provides that the Commission may make regulations to carry out the provisions of this Act, with prior approval of the Government. In exercise of the powers conferred by sub-section ¹ of Section 22 of the Act of 2019, the Government approved the Regulations called as the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Regulations, 2020 (for short, "the Regulations ).

10. The said Regulations were notified in the Andhra Pradesh Gazette ' of March 2020. Regulation 4 (4) inter alia envisages that the Commission shall have the power to request a higher educational institution to furnish information as may be necessary for enabling the Commission to regulate the conduct of admissions and/or to fix the fee in respect of each course offered in the institution. on 5'

11. Regulation 5(5) envisages that the Commission shall decide whether the fees collected or proposed to be collected by the institutions, whatsoever under all heads including hostel and mess charges is justified and does not amount to profiteering or charging of capitation fee.

It further provides that the decision of the Commission shall be final provided that such decision shall be taken only after giving ^a reasonable opportunity to the institution to represent its case.

For facility of reference, the relevant sub-regulations in Regulation ⁵ are reproduced hereunder:

"(6) For furnishing the fee proposal by the Institution, the Institutions shall submit audited statements of income and expenditure, balance sheets and particulars of expenditure including salaries, infrastructure, hostel & mess facilities and such other information as the Commission may prescribe along with the necessary supporting documents, ledgers and Bank statements in PDF files.

(7) The fee proposals furnished by the Institutions have to be evaluated based on the income and expenditure of the Institutions as well as the societies/trusts under whose umbrella the said Institutions are established.

(8) The Institutions shall submit all the required financial information as per the mercantile (accrual) system of accounting only.

(9) The Institution shall submit the required information such as the details of the fee collections, income and expenditure statements, teaching and non-teaching staff salaries of all kinds, administrative and other expenses, statement of revenue grants received, utilization of amounts collected under the NRI quota, details of Term Deposits of the Institutions, details of the loans received from the Societies, Banks/Financial Institutions and loans received from other non-banking Financial Institutions, statements of corpus / capital fund, capital grants received and utilised, grants/funds received from any source on account of research projects and their utilization details, legal expenditures, student result particulars and other information.

(10) In order to consider the expenditure on teaching and non-teaching staff, the cadre strength fixed by the respective regulatory authorities and accreditation bodies needs to be adopted.

(12) In case of any infrastructure and/or services of any staff utilized for more than one programme, the expenditure on such infrastructure and/or staff shall be apportioned appropriately, based on students strength, among the different programmes.

(19) The Institutions shall maintain details of student fee collection and utilization, salaries of teaching and nonteaching staff, faculty details subject wise, particulars of infrastructure and other expenditure and furnish the same online to the Commission.

(20) If the details required under these guidelines are not furnished or the financial statements furnished are found inaccurate, the financial statements shall not be considered for the fee proposals.

(34) The fee approved by the Commission at any point in time shall be valid for a period of three years next; and subsequent change in fees, if any, shall be applicable only in respect of new admissions.

(35) The Commission may recommend the fee in Private Aided or Unaided Higher Educational Institution for different professional programmes of study and different categories of students, having due regard to the guidelines, if any, notified by Regulatory Authorities from time to time.

(36) (a). The principle of determining uniform fee structure for all students of Higher Education Institutions shall not come in the way of determining differential fee structure to benefit the more meritorious sections of students admitted under the convener quota from that of the Management and NRI quota;

(b) The institution shall be at liberty to collect the fee for the Management quota seats up to two (2) times of the fee notified for the Convener quota of seats in order to maintain quality of education by providing proper infrastructural and instructional facilities and amenities;"

12. The case of the petitioner colleges is that the Andhra Pradesh Higher Education Regulatory and Monitoring Commission (for short, "Commission - APHERMC") invited private, unaided medical and dental institutions to submit their proposals for fee structure for the block period 2020-21 to 2022-23 vide notification dated 09.01.2020.

13. The petitioner colleges responding to the said notification submitted the requisite material and data in support of the proposals for fee structures in respect of the fee structures proposed by them. The Commission, it is stated, sent its recommendations to the Government vide

letter dated 24.05.2020 and the Government subsequently notified the said recommendations vide the Government Order No.56, dated 29.05.2020, which is impugned in the present petitions.

14. The fee which has been fixed in the order impugned for postgraduate medical courses as also dental courses is as under:

SI.No	Name of the<br>Course	Category-A<br><b>Convener Quota</b>	Category-B<br>Management Quota	Category-C<br><b>NRI/Institutional Quota</b>
	Clinical degree	$Rs.4,32,000/-$	$Rs.8,64,000/-$	$Rs.50,00,000/-$
	Para clinical degree<br>and diploma	$Rs.1,35,000/-$	$Rs.2,70,000/-$	$Rs.15,00,000/-$
$\parallel$ 3	Pre clinical degree	$Rs.61,200/-$	Rs.1,22,400/-	$Rs.8,00,000/-$

For Post Graduate Medical Courses:

For Post Graduate Dental Courses:

SI.No	Name of the<br>Course	Category-A<br>Convener Quota	Category-B<br><b>Management Quota</b>	Category-C<br><b>NRI/Institutional Quota</b>
	Clinical degree	$Rs.2,97,000/-$ .	$Rs.5,94,000/-$	$Rs.12,00,000/-$
$\parallel_2$	Para clinical degree <br>and diploma	$Rs.2,67,300/-$	$Rs.4,34,600/-$	$\frac{1}{8}$ Rs.7,00,000/-

15. The petitioners who are running the medical colleges are aggrieved of the Government Order impugned, inasmuch as they state that the data and material which was furnished by them to the Commission was not at all considered and was ignored. It was urged that fee had to be fixed

college/institution and that uniform fee could never have been envisaged by the Act, the Rules and the qua every fixed as the same was never Regulations. It was urged that the fee for ^a 'Category-A Convener Quota seat for the block period of three years from 2020-21 to 2022-23 which was less than the fee fixed for ^a 'Category-A fixed at Rs.4,32,000/-, was even Convener Quota' seat for the previous block period from 2017-18 to 2019-20 which was Rs.6,90,000/-;

16. Learned counsel for the petitioner Colleges, Mr. Challa Gunaranjan, would submit that by fixing ^a uniform fee structure for all the medical colleges across the board, the Commission has not only violated the provisions of the Act, the Rules and the Regulations framed under the Act, but also acted in gross violation of the Apex Court judgment rendered in the case of T.M.A. Pai Foundation v. State of Karnataka,^ wherein the majority judgment observed that fixation of ^a rigid fee structure would be an unacceptable restriction.

17. It is stated that as per the said judgment, the decision to fix the fee ought to have necessarily been left to ^a private education institution which was not seeking any aid from the Government.

18. It was urged that if the right to fix the fee was taken away from the the colleges, it would grossly affect the petitioners who are running standards of their institutions inasmuch as lowering of the fee chargeable

(2002) 8 see 481

from the candidates would result in payment of lesser scales of fee to the faculty, which would have the effect of ^a brain drain from the institutions by the petitioners. run

19. It was stated that while the right to propose the fee the petitioners, the official proposed, in case, it ©lement in the fee structure profiteering. was vested in respondents clearly could question the was found on the basis of data that there proposed by them, which would fee was any amount to

20. Learned Advocate General outset stated that the legal position appearing for the State at the very as propounded by the learned counsel for the petitioner colleges is unquestionable and that the fee had to be fixed on the basis of the data provided by the colleges. Yet an effort was made by the Learned Advocate General to suggest that perhaps the fixation of fee, ⁱ accordance with the ratio of the Apex Court judgments of T.M.A. Pai Foundation (supra) Maharashtra, ^ as also the Act, the Rules and the inrendered in the case and P.A. Inamdar v. State of Regulations framed next block period 2023 to 2026, and are either undergoing the courses could agree to paying some extra thereunder could be followed for the that perhaps if the candidates who have already finished the courses or amount in addition to the one which was fixed by the Commission, the matter could perhaps be settled without going into the evaluation of the data individually produced by the colleges.

² (2005) 6 see 537

21. Learned counsel for the candidates, Mr. Dharmesh D K Jaiswal, submitted that he would have to take time to seek instructions from the candidates on the suggestion made by the Learned Advocate General. however

22. We, however, feel that it may not be absolutely necessary to proceed on the suggestion made by the Learned Advocate General, inasmuch as we have to consider whether the procedure adopted by APHERMC was in accordance with the Act, the Rules and the Regulations framed.

23. We have heard learned counsel for the parties at length.

24. It is not denied by any of the respondents that the Commission in fixing ^a uniform rate of fee across the board for all institutions has in fact violated not only the directions of the Apex Court but also the entire scheme which was framed under the Act and the Rules and the Regulations. The scheme as it is applicable in the State of Andhra Pradesh by virtue of the application of the Rules and the Regulations supra would clearly show that the Commission was required to, based upon the data produced by each of those institutions, determine whether there was any element of profiteering in the fee structure so proposed by them.

25. It is not understandable that even when the Commission had invited from all the institutions, the requisite data with regard to various aspects pertaining to fee regulation in the form of Schedules ¹ to ³¹ and the

said information was provided by the institutions, yet nothing is put forth for our perusal as to how the said data was treated by the Commission, It appears that the Commission had adopted some sort of a thumb rule even when each of the individual institutions had put forth for the perusal of the Commission the material justifying their fee proposals.

26. In fact, the uniform fee fixed by the Commission - APHERMC, may also be contrary to the interest of some students who may be forced to pay more fee to certain colleges, which did not even justify charging the fee that was fixed by Commission. There may still be colleges who may still be profiteering from the fee fixed by the Commission, as we do not know whether the uniform fee fixed by the Commission and applicable to such category of colleges actually deserve to charge that fee on account of lack of infrastructure, lack of good faculty, etc.

27. On the other hand, there may be colleges, which may justify charging a higher fee on account of better infrastructure, better faculty, equipment, etc. Unfortunately, these issues appeared never to have been gone into by the Commission - APHERMC.

28. It would be worthwhile to reproduce the observations made by the Apex Court in T.M.A. Pai Foundation (supra), wherein at paragraphs 54 and 56, it was held;

"54. The right to establish an educational institution can be regulated; but such regulatory measures must,

12

in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration by those in charge of management. The fixing of a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions.

56. An educational institution is established for the purpose of imparting education of the type made available by the institution. Different courses of study are usually taught by teachers who have to be recruited as per qualifications that may be prescribed. It is no secret that better working conditions will attract better teachers. More amenities will ensure that better students seek admission to that institution. One cannot lose sight of the fact that providing good amenities to the students in the form of competent teaching faculty and other infrastructure costs money. It has, therefore, to be left to the institution, if it chooses not to seek any aid from the Government, to determine the scale of fee that it can charge from the students. One also cannot lose sight of the fact that we live in a competitive world today, where professional education is in demand. We have been given to understand that a large number of professional and other institutions have been started by private parties who do not seek any governmental aid. In a sense, a prospective student has various options open to him/her where, therefore, normally economic forces have a role to play. The decision on the fee to be charged must necessarily be left to the private educational institution that does not seek or is not dependent upon any funds from the Government."

57. While holding so, the Apex Court further went on to hold that since education was regarded as a charitable occupation, education institutions could not be permitted to charge a fee which amounts to profiteering. It was held:

HCJ & RRRJ WP 9871 2020 & batch

"57. ...Since the object of setting up an educational" institution is by definition "charitable", it is clear that an educational institution cannot charge such a fee as is not required for the purpose of fulfilling that object. To put it differently, in the establishment of an educational institution, the object should not be to make a profit, inasmuch as education is essentially charitable in nature. There can. however, be a reasonable revenue surplus, which may be generated by the educational institution for the purpose of development of education and expansion of the institution."

30. The Apex Court in P.A. Inamdar (supra) sounded a note of caution to the Committees, which were directed to be constituted in terms of the judgment of the Apex Court in Islamic Academy of Education v. State of Karnataka,³ in the following manner:

"149. However, we would like to sound a note of caution to such Committees. The learned counsel appearing for the petitioners have severely criticised the functioning of some of the Committees so constituted. It was pointed out by citing concrete examples that some of the Committees have indulged in assuming such powers and performing such functions as were never given or intended to be given to them by Islamic Academy [(2003) 6 SCC 697]. Certain decisions of some of the Committees were subjected to serious criticism by pointing out that the fee structure approved by them was abysmally low which has rendered the functioning of the institutions almost impossible or made the institutions run into losses. In some of the institutions, the teachers have left their jobs and migrated to other institutions as it was not possible for the management to retain talented and highly qualified teachers against the salary permitted by the Committees. Retired High Court Judges heading the Committees are assisted by experts in accounts and management. They also have the benefit of hearing the contending parties. We expect the Committees, so long as they remain

3 (2003) 6 SCC 697

functional, to be more sensitive and to act rationally and reasonably with due regard for realities. They should refrain from generalising fee structures and, where needed, should go into accounts, schemes, plans and budgets of an individual institution for the purpose of finding out what would be an ideal and reasonable fee structure for that institution. "

31. To our mind, the responsibility which lies upon the Commission to consider the fee proposals, with a view to remove any element of profiteering is an onerous responsibility. A balance has to be maintained to ensure that the fee structure which is proposed by the institutions is not interfered with on general considerations of compassion for the students, inasmuch as an unqualified compassion for students may result in greater harm to the institutions, which might be affected in terms of quality, efficiency and productivity. An abysmally low fee structure or a fee structure tinkered by the Commission, which is unrealistic, will only ensure that the institutions involved in specialized professional courses would face closure sooner than later.

32. In fact, there is no justification for the Commission not to go into all the elements of the proposed fee structure and test them on the basis of the criteria which has been fixed according to the Rules and Regulations as they have the wherewithal and assistance of the requisite professional chartered accountants to guide them on that aspect.

33. We need to mention here that after the Commission had fixed the uniform fee, which was made applicable to all institutions across the board,

HCJ & RRRJ WP_9871_2020 & batch

any admissions to the PG courses the institutions had decided to not make run by them. It then appears that there an out-of-court arrangement between the institutions as also the candidates, whereby it was decided that was each candidate would pay approximately 45,000 per year during the block period in addition to the fee which had been fixed by the Commission. Not only this, it also appears that the candidates had undertaken that they would abide by the decision of the Court in the batch of petitions, which were pending. The aforementioned agreement was also recorded by this Court in its order, dated 9'^ of July, 2020.

34. Be that as it may, we hold that G.O.Ms.No.56, dated 29.05.2020 issued by the Health Medical and Family Welfare (C1) Department i; unsustainable in law. The same is accordingly set aside. The commission ⁱ directed to undertake the IS IS exercise of fee fixation to examine the proposed fee structures individually in all the cases and pass orders thereupon within ^a period of two (2) months. In case the Commission wishes to disagree with the fee proposed in regard to any head, an opportunity would be given to the concerned institution to seek its view on the same before final orders passed, which should be reasoned. are

35. We make it clear that in case the Commission increases the fee structure of any of the colleges, the same would entitle such of the petitioner colleges to claim the balance fee from the undergoing the course or have even completed the candidates who are either courses, as per the

\

16

undertakings submitted by them. However, we leave the colleges free to

decide whether they would proceed to claim such additional fee.

36. The petitions are disposed of accordingly. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR $\mathscr{L}$ SECTION OFFICER

To,

1. The Special Chief Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, 5^th block, Ground Floor, Room No.157, A.P Secretariat, Velagapudi, Guntur District.

//TRUE COPY//

• 2. The Special Chief Secretary to Government, Health, Medical and Family Welfare (C1) Department, State of Andhra Pradesh Secretariat, Vijayawada - 522238.
• 3. The Registrar, NTR Health University, NTR University of Health Sciences, Ring Road, Vijayawada-520 008, Andhra Pradesh.
• 4. The Principal Secretary, Department of Higher Education, Government of Andhra Pradesh, 4^th Block, 1^st Floor, Room No.267, A.P. Secretariat Office, Velagapudi, Guntur District.
• 5. The Principal Secretary, (Medical) Health and Family Welfare, Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
• 6. The Secretary, AP Higher Education Regulatory and Monitoring Commission (APHER and MC) Higher Education Department, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District-522501, Andhra Pradesh.
• 7. The Secretary, Medical Council of India, Ministry of Health and Family Welfare, Government of India, Picket-14, Sector - 8, Dwarka Phase -1, New Delhi - 110077,
• 8. The Secretary, Dental Council of India, Government of India, Aiwan-E-Galib Marg, Kotla Road, Temple lane, Opp. Mata Sundari College for Women, New Delhi-110002.
• 9. The Secretary, Andhra Pradesh Private Medical and Dental Colleges Management's Association, Door No.60-1-2/2, Siddhartha Nagar, Vijayawada Urban, Krishna District, Andhra Pradesh.
• 10. The Secretary, Union of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

• The Medical Counselling Committee, Directorate General of Health Services, P.G Medical/Denta! Counselling (MEET), Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi. 11.

• The General Secretary, Medical Council of India, Pocket-14 Sector 8, Dwaraka Phase I, New Delhi. 12.

• The President, National Medical Commission, Pocket- 14 Sector - 8, Dwarka Phase -1 New Delhi -110077, India. 13.

• The Principal, Katuri Medical College and Hospital (KATR) Guntur, Andhra Pradesh. 14.

• The Principal, SANTHIRAM MEDICAL COLLEGE & GENERAL HOSPITAL, NH-18, Nandyal, Kurnoot District, Andhra Pradesh-518501. 15.

• The Principal, GSL MEDICAL COLLEGE AND GENERAL HOSPITAL, at Rajamundry NH-16, Lakshmi Puram, Raiahmundry Andhra Pradesh-533296. 16.

• The Principal, PES INSTITUTE OF MEDICAL SCIENCES and RESEARCH, at Kuppam NH-219, Kuppam, Andhra Pradesh-517425. 17.

• Dr. PINNAMANENI SIDHARTHA INSTITUTE MEDICAL SCIENCES AND RESEARCH FOUNDATION, Chinna Autapalli Vijayawada-521286. 18.

• The Principal, ALLURI SEETHARAMARAJU ACADEMY OF MEDICAL SCIENCES (ASRA), at Eluru, West Godavari District Andhra Pradesh-534005. 19.

• The Principal, GREAT EASTERN MEDICAL SCHOOL and No.3-51, Rajolu, Srikakulam District, Andhra Pradesh, 532484. ' 20.

• The Principal, NRI ACADEMY of SCIENCES, Chinnakakani- Mangalagiri Mandal, Guntur District, Andhra Pradesh, 522503. 21.

• The Principal, NRI INSTITUTE OF SCIENCES, Sangivalasa Bheemunipatnam Taluq, Vishakapatnam, 531162. 22.

• The MAHARAJA INSTITUTE of MEDICAL SCIENCE, at Vizianagaram, 31-15, Nellimarla, near MDO Office, Vizianaqaram Andhra Pradesh - 535217. 23.

• One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 24.

• One CC to Sri T V Jaggi Reddy, Advocate [OPUC] 25.

55

• 26. One CC to Sri Zeeshan Adnan Mahmmood, Advocate [OPUC]
• One CC to Sri V.Ramchander Goud, Advocate [OPUC] 27.
• One CC to Sri Dharmesh D.K.Jaiswal, Advocate [OPUC] 28.
• 29. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India [OPUC
• 30. One CC to Smt T.V.Sridevi, SC for Dr. NTR University [OPUC]
• One CC to Sri C.Sudesh Anand, Advocate [OPUC] 31.
• One CC to Sri S.V.S.S.Siva Ram, Advocate [OPUC] 32.
• One CC to Sri ^J C Francis, Advocate [OPUC] 33.
• One CC to Sri ^J Sudheer, Advocate [OPUC] 34.
• 35. of And^^e'sMoLV"" Court
• 36. PradeJirp^U^T] Education, High Court of Andhra
• Two CCs to GP for Education, High Court of Andhra Pradesh. 37. [OUT]

38. Two CD Copies RAM

HIGH COURT

DATED:12/12/2024

COMMON ORDER WRIT PETITION NO: 9871 of 2020 ALONG WITH W.P. Nos.5696 and 5699 of 2022; W.P.Nos.9750, 9812, 9814, 9874, 9875, 9876, 9877, 10159, 10195, 10229, 10290, 10292, 10300, 10345 $&$

10371 of 2020 and W.P.(PIL) NO: 150 of 2020

DISPOSING ALL THE WPs WITHOUT COSTS