Sahaya Institute Of Advanced Studies In Education vs State Of Andhra Pradesh And Others

V.Sujatha, J

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd, 3rd and 4th Respondents in not Fixing the petitioner B.Ed., College student Fee and not included the petitioner B.Ed., College name in the APED.CET-2023, /Spot Admissions/Management quota seats Counseling WEB PORTAL list for the academic year 2023-2024 for conducting Spot-Admissions under Left-over and Management quota seats as being illegal, improper, arbitrary, discriminatory and unconstitutional and consequently direct the 2nd to 4th respondents Forthwith to include the petitioner B.Ed., College name in the A.P.ED.CET-2023 Spot Admissions /Management quota Seats Counseling WEB PORTAL list for conducting Spot Admissions under Left Over Seats and Management quota seats for the academic year 2023-2024 by accepting the Fee Fixation processing Fee for Fixation of Student Fee…..”

Brief facts of the case are that the petitioner institution was initially granted formal recognition vide proceedings dated 30.05.2012 for conducting Secondary B.Ed. course with an annual intake of 100 students 2 units each and later as per Promulgation of NCTE Regulations 2014, the revised provisional Recognition order (RPRO) was issued to the petitioner institution on 19.05.2015 and thereafter the concerned University also granted affiliation to the petitioner institution from time to time.

The petitioner college was initially established in Plot No.199-3, Kotramangalam Village, Tiruchanoor post, Renigunta Taluka, Tirupati City, in the year 2012-2013. While so, the petitioner institution has submitted shifting application on 18.07.2022 to the NCTE. In pursuance of which, the NCTE conducted online inspection and in its SRC 409th meeting held on 29th to 30th March, 2022 has considered the matter and decided that shifting of premises be permitted the petitioner institution to new address i.e. Sy.No.757, Pasumarru Village, Chirala, Chirala to Narasaraopet Road, Chilakaluripet Mandal, Guntur District. The said Committee has also decided that continuation orders issued to the institution for B.Ed., programme for basic units of 50 students each vide shifting orders dated 23.01.2024. Thereafter, the University after duly conducting an inspection has granted temporary affiliation to the petitioner college vide proceedings dated 16.04.2024.

The grievance of the petitioner is that even inspite of the same, the petitioner B.Ed. college name is not included in the APEd.CET-2023 Spot Admissions Counselling list. The 3rd respondent issued Notification for communication of guidelines to fill up the left over vacancies to the Institutional Spot Admissions dated 26.03.2024. As per which, the EDCET 2023-2024 is being commenced without including the petitioner name in the Web Portal though the petitioner has completed all the formalities.

Heard learned counsel for the petitioner, learned Government Pleader for Higher Education for respondent No.1, Sri.C.Sudesh Anand, learned Standing Counsel for respondent No.2 and Ms.S.Parnitha, learned Standing Counsel for respondents No.3 and 4.

During the course of hearing, learned counsel for the petitioner and learned counsel appearing for the respondents would submit that in similar set of circumstances, this Court passed detailed orders in W.P.No.18309 of 2023 dated 25.07.2023 and W.P.No.18649 of 2023 dated 27.07.2023 relying on the judgment of the Hon’ble Division Bench of this Court passed an order in Writ Appeal No.607 of 2023, dated 21.06.2023 and requested this Hon’ble Court to issue similar directions even in this Writ Petition also.

In view of the specific request made by learned counsel for the petitioner(s) and learned Government Pleader for Higher Education, let there be a similar order passed in W.P.No.18309 of 2023 dated 25.07.2023 and W.P.No.18649 of 2023 dated 27.07.2023 even in this case also.

Hence, the Writ Petition is disposed of with the following directions:

i. The petitioner(s)/college(s) is/are directed to furnish all the data as required by the Commission for fixing the fee for the block period 2023-24 to 2025-26 along with representation (if not submitted) by paying the processing fee with penalty as suggested in the notification within a period of one week from today.

ii. On receipt of the same, the Commission is directed to process the representation of the petitioner(s,) immediately on or before commencement of the upcoming counseling.

iii. The State and Commission are directed to receive the relevant data submitted by the petitioner(s)/college(s) as per notification dated 30.06.2022 and the Commission shall tentatively fix the fee that can be collected by the college(s), for the courses offered, on par with the minimum fee that is being fixed in the colleges in the State and recommend the same to the State Government in five days.

iv. The said minimum fee fixed, shall be treated as a tentative fee and the correct fee would be fixed by the Commission after due processing of the data submitted by the college.

v. After receiving the request from the Commission, the State Government shall display the petitioner(s)/college(s) in the list of colleges at official website for participating in the upcoming web counselling in B.Ed. course for the present Academic Year 2023-24.

vi. The State Government, shall caution the students, taking admission into the courses offered by the colleges, by informing the students that the fee shown in the admission process, which is being collected initially, is a tentative fee and shall be subject to further change depending upon the final fee that would be fixed by the Commission.

vii. The Commission may also consider early fixation of the final fee that can be collected by the college for the block period 2023-24.

viii. Pending the said process, the petitioner college may be permitted for the counseling for conducting Spot Admissions under Left Over seats and Management quota seats for the academic year 2023-2024, in accordance with Letter No.APEDCET-2023/SPOT ADMNS/CAT-A/01, dated 26.03.2024.

There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.