Andhra Pradesh High Court
WP/25683/2023 of ANDHRA PRADESH PRIVATE ENGINEERING COLLEGES MANAGEMENTS ASSOCIATION Vs THE STATE OF AP on 12 August 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 25683 of 2023 Bench Sr.No:-5 [3584] Andhra Pradesh Private Engineering Colleges Managements Association ...Petitioner Vs. The State of AP and others ...Respondents ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA
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APHC010498292023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 25683 of 2023 Bench Sr.No:-5
Andhra Pradesh Private Engineering Colleges Managements Association ...Petitioner Vs. The State of AP and others ...Respondents ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 13th August, 2026 Present : Advocate for Petitioner : Ms Gandham Kusuma Papa for Mr Sri Vijay Mathukumilli Advocate(s) for Respondent(s): AGP for Higher Education, Mr Vivekananda Virupaksha LISA GILL, CJ.
Prayer in this writ petition is as under: “..to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 1st respondent Government in notifying the Regulations vide G.O.Ms.No.12 dated 04.03.2020 under the Act 20 of 2019 more specifically Regulations 5(26) and 38(e), wherein the 2nd respondent not considering the instalments being paid by the Private Managements in the State for the financial assistance taken by them under the „expenditure‟ component and not considering the payments not exceeding 5,000/-, while determining the fee structure for the various courses offered by the institutions and also while monitoring the factum whether the institution is making profit or not oblivious of the fact that the Private Engineering Colleges have to incur huge expenditure for its upkeep as being arbitrary, illegal and violative of Articles 14 and 19(1)(g) of the Constitution of India, beyond the scope and ambit of the Andhra Pradesh Higher Education Act, 2019 and provisions of Income Tax Act and consequently set aside the Regulations vide 5(26) and 5(38)(e) of GO Ms.No.12, Higher Education (UE) Department, dated 04.03.2022 issued by the 1st respondent..”
HCJ & CGR, J WP_25683_2023
2. Learned counsel for respondents reiterate that by way of ordinance dated 24.04.2026, Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act, 2019 has been modified, substantially limiting power of Commission qua fee fixation, present writ petition is thus rendered infructuous.
3. It is further brought to our notice that new regulations are in the pipeline.
4. Keeping in view facts and circumstances as above, Writ Petition is disposed of as infructuous with liberty to petitioner to challenge subsequent ordinance/regulations, if so aggrieved and so advised. No costs. Pending application(s) if any, including IA.No.1 of 2024 stand(s) disposed of accordingly.
LISA GILL, CJ
CHALLA GUNARANJAN, J Vjl
Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable
: Yes / No