IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

PRESENT

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO

WRIT APPEAL NO: 960 OF 2023

Writ Appeal under clause 15 of the Letters Patent Appeal preferred against the order in W.P.No.21801of 2023 dated 28.08.2023 on the file of the High Court.

Between:

The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Rep. by its Secretary, Niladri Towers, 6th Battalian Road, Mangalagiri, Guntur District, Andhra Pradesh-522503.

...APPELLANT/RESPONDENT No.3 in W.P. AND

1. Sanagala Prameela Degree College, Rep by its Secretary and Correspondent Mandal Bhaskar Reddy, S/o. Venkata Reddy, Nambur, Pedakakani Mandal, Guntur District Andhra Pradesh.

...RESPONDENT/WRIT PETITIONER

• 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Buildings, Velagapudi, Guntur District.
• 3. The Member Secretary, Andhra Pradesh Higher Education Regulatory and, Montitoring Commission (APHERMC) III Floor, Sree Mahendra Enclave, NRI Block (C-Block) NH-16 Tadepalli, Gunter District 522501, A.P.
• 4. The Convener, OAMDC, APSCHE, Niladri Towers, 6^th Battalian Road, Mangalagiri, Guntur District, Andhra Pradesh-522503.
• 5. The Acharya Nagarjuna University, Rep by its Registrar, Nagarjuna Nagar, Guntur District, Andhra Pradesh.

IA NO: 1 OF 2023

...RESPONDENTS/RESPONDENT Nos.2, 3, 4 & 5 in W.P

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 order dated 28.08.2023 W.P.No.21801of 2023, pending disposal of the Writ Appeal.

IA NO: 2 OF 2023

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

permit me to file the Documents in WA No. 960 of 2023 in WP No. 21801 of 2023 dated 31.10.2023 as additional material papers in the present Writ Petition.

IA NO: 3 OF 2023

Between:

The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Rep. by its, Niladri Towers, 6^th Battalian Road, Atmakur (V), Mangalagiri, Guntur District, Andhra Pradesh-522503.

...APPELLANT/RESPONDENT No.3

AND

1. Smt. Sanagala Prameela Degree College, Rep by its Secretary and Correspondent Mandal Bhaskar Reddy, S/o. Venkata Reddy, Nambur, Pedakakani Mandal, Guntur District Andhra Pradesh.

...RESPONDENT/WRIT PETITIONER

• 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Buildings, Velagapudi, Guntur District.
• 3. The Member Secretary, Andhra Pradesh Higher Education Regulatory and, Montitoring Commission (APHERMC) III Floor, Sree Mahendra Enclave, NRI Block (C-Block) NH-16 Tadepalli, Gunter District 522501, A.P.
• 4. The Convener, On-Line Admission Modulate for Degree Colleges Andhra Pradesh, State Counsel for Higher Education, Niladri Towers, 6^th Battalian Road, Mangalagiri, Guntur District, Andhra Pradesh-522503.
• 5. The Acharya Nagarjuna University, Rep by its Registrar, Nagarjuna Nagar, Guntur District, Andhra Pradesh.

...RESPONDENTS/RESPONDENT Nos.2, 3, 4 & 5 in W.P

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 vacate the interim order dated 07-11-2023 and dismiss the Writ Appeal No. 960 of 2023 with Exemplary Costs by confirming the Orders of this Hon'ble Court in WP No. 21801 of 2023 dated 08-08-2023.

Counsel for the Appellant : SMT. S. PARINEETA

Counsel for the Respondent No.1 : SMT. Y. ANUPAMA DEVI

Counsel for the Respondent No.2 : GP FOR HIGHER EDUCATION

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

SC FOR APHERMC

Counsel for the Respondent No.4 :------

Counsel for the Respondent No.5 : SRI M. MURALI LINCOLN, SC FOR ANU

The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

$&$

HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO

Writ Appeal No.960 of 2023

The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Rep. by its Secretary, Niladri Towers, 6^th Battalian Road, Mangalagiri, Guntur District, Andhra Pradesh-522503

..Appellant

Versus

Smt. Sanagala Prameela Degree College, Rep by its Secretary & Correspondent Mandal Bhaskar Reddy, S/o. Venkata Reddy, Nambur, Pedakakani Mandal, Guntur District, Andhra Pradesh & four others.

...Respondents

Counsel for the Appellant				: Smt. S. Parineeta, Standing
	Counsel.

Counsel for respondent No.1 : Smt. Y. Anupama Devi

Dt.: 18.12.2023

$P.C:$

The present Letters Patent appeal has been preferred against

the judgment and order, dated 28.08.2023 passed in WP.No.21801 of 2023.

By virtue of the judgment and order impugned, the 2. learned single Judge directed the Andhra Pradesh Higher Education Regulatory and Monitoring Commission to receive the relevant data from the petitioner college as per notification, dated 30.06.2022, and to tentatively fix the fee that can be collected by the college for the courses offered.

3. The present appeal has been preferred against the judgment and order impugned highlighting the fact that there was no question of issuing a direction directing the Commission to tentatively fix a fee to be collected by the college inasmuch as the college had no authority to run the institution in view of the order. dated 13.05.2022, passed by the Andhra Pradesh State Coimcil of Higher Education whereby the statutory permission granted to the petitioner college from the academic year 2022-23 had been withdrawn on the failure of the coUege to obtaii affihation from the University as also its failure to run the college for the last three years.

4. This fact that the college was not functioning for the last three years and that the institution had failed to obtain the affihation from the University has not been denied by learned counsel appearing for the writ petitioner - respondent No.l herein.

2

5. In that view of the matter, the directions issued by the learned single Judge are unsustainable and are accordingly set aside.

6. The Writ Appeal is, accordingly, allowed and the judgment and order dated 28.08.2023 in WP.No.21801 of 2023 is set aside. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

Sd/- V.DIWAKAR DEPUTY REGISTRAR

//TRUE COPY//

SECTION N OFFICER

To,

• 1. The Secretary and Correspondent Sanagala Prameela Degree College, Mandal Bhaskar Reddy, S/o Venkata Reddy, Nambur, Pedakakani Mandal, Guntur District Andhra Pradesh.
• 2. The Principal Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat, Tullur, Velagapudi, Guntur District.
• 3. The Member Secretary, Andhra Pradesh Higher Education Regulatory and, Montitoring Commission (APHERMC) III Floor, Sree Mahendra Enclave, NRI Block (C-Block) NH-16 Tadepalli, Gunter District 522501, A.P.
• 4. The Convener, OAMDC, APSCHE, Niladri Towers, 6^th Battalian Road, Mangalagiri, Guntur District, Andhra Pradesh-522503
• 5. The Registrar, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District, Andhra Pradesh.
• 6. One CC to Smt. S. Parineeta, Advocate [OPUC]
• 7. One CC to Smt. Y. Anupama Devi, Advocate [OPUC]
• 8. Two CCs to GP for Higher Education, High Court of Andhra Pradesh. (OUT)
• 9. One CC to Sri C. Sudesh Anand, SC for APHERMC (OPUC)
• 10. One CC to Sri M. MuraliLincoln, SC for ANU (OPUC)
• 11. Three C.D. Copies.

$Cnr$

A.D. Jav

HIGH COURT

DATED:18/12/2023

ORDER

WA.No.960 of 2023

ALLOWING THE WRIT APPEAL WITHOUT COSTS