Telangana High Court
WP/40278/2012 of Bapuji College of Education, Vs The Acharya Nagarjuna University, on 31 December 2012
SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.40278 OF 2012 ORDER: The petitioner is a college of education. Feeling aggrieved by the action of the respondents in demanding affiliation and other fees of Rs.2,40,000/- for hundred students for the academic year 2010-2011. The petitioner
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION No.40278 OF 2012
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ORDER:
The petitioner is a college of education. Feeling aggrieved bythe action of the respondents in demanding affiliation and other fees ofRs.2,40,000/- for hundred students for the academic year 2010-2011. The petitioner contends that there is absolutely no basis for therespondent in making the demand. Reliance is placed upon ajudgment of this Court in W.P.Nos.27195 of 2007 and batch, dated 08-02-2010.
2. Heard the learned counsel for the petitioner and the learnedcounsel for the respondent.
3. The respondent-university was constituted in the recentpast. Before that, the petitioner institution was affiliated to AcharyaNagarjuna University. The said university levied similar amounts fromthe colleges of education affiliated to it. The same was challenged inW.P.No.27195 of 2007. Through common judgment, dated 08-02-2010, this Court allowed the writ petitions.
4. Following the same, this writ petition is allowed,
a) setting aside the demand notice issued to the petitioner,on the ground that they are not based on any statute, ordinanceor regulation, made under the A.P. Universities Act, 1991;
b) it shall be open to the University to inquire as towhether the petitioner has collected any amount from thestudents, towards development fee/infrastructure fee, and if itemerges that the fee has been collected, the petitioner shall beunder obligation to refund the same to the students, or pay it tothe University; and
c) if any statement made by the petitioner in this regard isfound to be incorrect, that would, by itself, be a ground to deny the renewal of affiliation.
5. There shall be no order as to costs. The miscellaneouspetition filed in this writ petition shall also stand disposed of.
December 31, 2012.KTL
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L. NARASIMHA REDDY, J