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2024 DIGILAW 691 (AP)

Sarveswara B. Ed College, Rep by its Correspondent Sri. P. Hari Prasad Reddy v. State Of Andhra Pradesh

2024-06-24

V.SUJATHA

body2024
ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "....to issue an appropriate writ more in the nature of writ of Mandamus declaring the action of the 2nd and 3rd Respondents in not permitting the Petitioner to pay fee for the students whose data is uploaded in the 2nd Respondent website as the payment of such fee is time bound ignoring the fact that the fee fixation was done and notified by the State Government belatedly on 03-05-2024 which is determinant to the academic interest of students, who joined in the petitioner institution as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and consequently direct the 2nd and 3rd respondents to permit the Petitioner institution to upload the data of students for the academic year 2023-24 and issue such other writ or order.." 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. The case of the petitioner, in brief, is that the petitioner institution is recognized by the Apex body i.e., the 5th respondent-NCTE vide orders F.SRO/SRCAPP2439/B.Ed./AP/2016/83225 dated 31.03.2016 and having affiliation by the 4th respondent. While the matter being so, in compliance of orders passed by this court on 12.04.2024 in W.P.No.8749 of 2024 filed by the petitioner, the respondents granted affiliation for the academic year 2023-2024 to the petitioner institution vide orders dated 16.04.2024. 4. However, again the petitioner is constrained to approach this court through a writ petition vide W.P.No 9174 of 2024 seeking a direction to the Regulatory commission for determination of fee structure, which was disposed of vide orders dated 22.04.2024 directing the Respondent-commission therein to determine the fee structure to the petitioner Institution for the block period 2023-2026. In compliance of the said orders, the Regulatory commission has recommended the fee structure to the 1st respondent herein, which was thereafter notified and also communicated to the petitioner through letter dated 03.05.2024. The 2nd respondent accepted the request of the petitioner and permitted the petitioner to upload the data of the students. surprisingly, the 2nd respondent has provided only one day time i.e., on 05.05.2024 for uploading the data of the students. As such the petitioner could upload only the data of 26 students out of 50 students. The 2nd respondent accepted the request of the petitioner and permitted the petitioner to upload the data of the students. surprisingly, the 2nd respondent has provided only one day time i.e., on 05.05.2024 for uploading the data of the students. As such the petitioner could upload only the data of 26 students out of 50 students. Despite the petitioner institution approached the respondents 2, 3 several times and also submitted a representation to the authorities requesting to permit the petitioner institution to upload the data of remaining students and to pay the requisite fee, the respondents 2 and 3 failed to consider the same. Hence, the present Writ Petition. 5. Today when the Writ Petition came up for hearing, Mrs.S.Parineetha, learned Standing Counsel appearing for the respondents 2 and 3 produced a copy of the instructions submitted by the Secretary, APCHE, wherein it is stated that in pursuance of the orders passed by this Court in W.P.No.9174 of 2024 filed by the petitioner institution, the respondents have added the petitioner institution to the online web portal on 04.05.2024 without any delay, giving the petitioner institution two (02) days time i.e., until 05.05.2024, to upload the student details and to complete the payment. 6. On the other hand, leaned counsel for the petitioner objected the Same and Stated that the Web portal was opened only in the afternoon on 04.05.2024 and was given only one and half day time to upload the information of the students and also to complete the process of payment of fee. During the-said period, the petitioner institution could upload the data of 26 students only and processed the payment of fee with regard to the 26 students only, despite having permission for intake of 50 students and requested this Court to grant one more day to process the same. 7. The learned Standing Counsel appearing for the respondents 2, 3 submitted that as the last date for payment of processing the fee with late fee was completed on 20th April, 2024, the respondents cannot open the web portal specifically for the petitioner institution, but, however, if at all the petitioner Institution is wiling to submit the data i.e., the names of the students and pay the requisite fee manually to the 2nd respondent, the same will be considered by the 2nd respondent, which was also accepted by the learned counsel for the petitioner. 8. 8. Considering the above submissions and in the interest of welfare of the students, this Court feels it appropriate to dispose of the writ petition, directing the 2nd respondent to receive the data submitted by the petitioner manually, with regard to the remaining 24 students and also process the fee within a period of ten (10) days from today. However, it is made clear that the order is applicable only the petitioner Institution and shall not be treated as a precedent. 9. Accordingly, the writ petition is disposed Of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.