WP/38737/2013 of Berith Christian Educational Society, Vs Government of Andhra Pradesh on 31 December 2013

COMMON ORDER:

Petitioners’ colleges were established and running Bachelor ofEducation for the academic years 2013-14, 2014-15 and 2015-16. The issueof determination of fee chargeable by these petitioners’ colleges and othercolleges was considered by the Government and detailed order was issuedby the Government vide G.O.Ms.No. 56 Education (S.E.GENL.II) Department,dated 27.9.2013. Based on responses given by the colleges, compliance ofstatutory mandate and the requirements of the Admission and FeeRegulatory Committee, classification of the institutions were made andincluded in Annexures I, II and III respectively appended to the said G.O. Thepetitioners’ colleges did not respond and no particulars were furnished. However, vide the same Government order these colleges were permitted tocharge adhoc fee of Rs.11,475/- and were afforded further opportunity.

Learned counsel for the petitioners submits that since petitioners’colleges have responded and submitted the requisite proposals within thetime granted, these colleges should also be permitted to charge fee ofRs.13,500/- and special fee of Rs.3,000/-.

Learned standing counsel submits that the claim set up by thepetitioners is premature. As per the orders in G.O.Ms.No. 56, these collegeshave to respond and after obtaining the representations, the Admission andFee Regulatory Committee will decide the fee chargeable by theseinstitutions and such stage has not arisen so far. What is permitted is tocharge adhoc fee. After the decision is made by the Administration and FeeRegulatory Committee, further orders will be issued by the Governmentregulating the fee chargeable. Thus, there is no cause of action as of now tothe petitioners to invoke jurisdiction of this Court and as evident from thereading of G.O.Ms No.56, since petitioners are not satisfying the conditions inparas 3,4 and 5, they cannot claim the higher fee of Rs.13,500/-.

Having regard to the submissions made by the counsels, the writpetition is dismissed as premature since the issue of final determination of feechargeable by the institutions, which are running B.Ed., courses, is yet to bedecided and notified by the Administration and Fee Regulatory Committee. It is open to the petitioners to agitate their grievances as and when a decision is made by the Committee.

Miscellaneous petitions if any pending in these writ petitions shall standdismissed. No costs.

DATE: 31.12.2013KKM

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JUSTICE P.NAVEEN RAO