IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TEN :PRESENT: THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 23755 of 2010 Between:- Holy Mary Institute of Technology & Science (College of Computer Applications) (sponsored by Holy Trinity Educational Society), Bogaram Village, Keesara Mandal, Ranga Reddy District, represented by its Secretary Smt A. Vijaya Sarada Reddy. ..... Petitioner AND 1.The State of Andhra Pradesh, Higher Education Department, Secretariat, Hyderabad, represented by its Principal Secretary. 2.A.P. State Council of Higher Education, Mahavir Marg, Masab Tank, Hyderabad, represented by its Secretary. 3.The Admission and Fee Regulatory Committee for matters relating to fee fixation in Private Un-Aided Professional Colleges, 1st Floor (South Wing), Gagan Vihar, M.J. Road, Hyderabad, represented by its Member Secretary. 4.Convenor - ICET - 2010 (Admissions) O/o. A.P. State Council of Higher Education, Mahavir Marg, Masab Tank, Hyderabad. 5.All India Council for Technical Education, represented by its Secretary, 7th Floor Janapath, New Delhi. ....Respondents. Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a direction, order or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in fixing and notifying the tuition fee structure A. in respect of MBA & MCA courses in Private Un-Aided institutions at Rs.27,000/- per annum per student for Category "A" seats and fixing Rs.78,000/- per annum per student for category "B" seats, vide G.O.Ms.No.77, dated 13.8.2010, as arbitrary, illegal and contrary to the law laid down by the Hon'ble Supreme Court and for a consequential direction to the respondents to accept the proposal submitted by the Petitioner, vide its proposals dated 20.6.2010 in regard to the tuition fee for the above courses B. declaring the inaction of the 5th respondent in fixing the norms and guidelines for charging tuition fee and other fee for the private unaided technical institutions as required under Section 10 (j) of the All India Council for Technical Education Act, 1987, as arbitrary, illegal and direct the 5th respondent to fix the norms and guidelines for charging tuition and other fee by the private unaided technical institutions. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of SRI A. SANJEEV KUMAR, Advocate for the Petitioner and of the Govt. Pleader for Higher Education on behalf of respondent No.1 and of Sri C.Sudesh Anand-SC on behalf of respondent Nos. 2 to 4 and of Sri K. Ramakanth Reddy-SC on behalf of respondent No.5, the Court made the following ORDER :- “It is brought to my notice that in somewhat similar circumstances entertaining W.P.No. 21165 of 2010 my learned Brother Justice Sanjay Kumar pleased to pass the following Order : “Any allocation of students for admission to the petitioner colleges and the orders of the State Government determining the fee structure, shall be subject to further orders on the interlocutory application or the writ petition, as the case may be. Let the similar be passed in this writ petition also.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR Contd….2… - 2 - To 1.The Principal Secretary, State of Andhra Pradesh, Higher Education Department, Secretariat, Hyderabad. 2.The Secretary, A.P. State Council of Higher Education, Mahavir Marg, Masab Tank, Hyderabad. 3.The Admission and Fee Regulatory Committee for matters relating to fee fixation in Private Un-Aided Professional Colleges, 1st Floor (South Wing), Gagan Vihar, M.J. Road, Hyderabad, represented by its Member Secretary. 4.The Convenor - ICET - 2010 (Admissions) O/o. A.P. State Council of Higher Education, Mahavir Marg, Masab Tank, Hyderabad. 5.The Secretary, All India Council for Technical Education, 7th Floor, Janapath, New Delhi. 6.Two CCs to the Govt. Pleader for Higher Education, High Court of A.P., Hyd(OUT) 7.One CC to Sri A. Sanjeev Kumar, Advocate(OPUC) 8.One Spare copy. TKK HIGH COURT NRR.J DT.24-09-2010. ORDER W.P.NO. 23755 of 2010. INTERIM DIRECTION DRAFTED BY TKK DT.25-09-2010. HIGH COURT NRR.J DT.24-09-2010. ORDER W.P.NO. 23755 of 2010. INTERIM DIRECTION