THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.14659 of 2008 Dated 15th June, 2011 Between: Hazarath Ameeruddin College of Education …Petitioner And The Acharya Nagarjuna University, rep.by its Registrar, Nagarjuna Nagar, Guntur District. …Respondent Counsel for the petitioner: Sri D.Kasim Saheb Counsel for respondents: --- The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the petitioner. This writ petition is filed for the following substantive relief: “…to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring Proceedings of the respondent No.ANU/Affil/Payment of Fees/2008-09 dt.28.06.2008 demanding the Development Fee/Infrastructure Fee Rs.2,76,000/- for 120 students even after collecting Affiliation Rs.48,000/- (each Rs.400/- for 120 candidates) in addition to the fee fixed by the Committee for Fixation of Fee Structure in Private Un-aided Professional Colleges constituted by the Govt.of A.P., prescribed under Andhra Pradesh Private Minority (Aided/Unaided) Colleges of Education (Regulation of admissions into B.Ed., Course through Common Entrance Test) Rules, 2005 made under Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 as illegal, arbitrary, without power or authority and opposed to Article 14 of the Constitution of India and consequently set aside the same.” On 09.06.2011, when the case was called, the learned counsel for the petitioner was not present. However, Sri Srinivas Mantha, learned Standing Counsel appearing for the respondent-University, stated that similar writ petitions were disposed of and he sought for an adjournment to place on record the order passed therein. Today, when the case is called, the learned Standing Counsel is not present, but Sri D.Kasim Saheb, learned counsel for the petitioner, while accepting the submission of the learned Standing Counsel made on 09.06.2011, placed before the Court a copy of order, dated 08.02.2011, in W.P.No.27195 of 2007 and batch, wherein this Court allowed the writ petitions in the following terms: a) the writ petitions are allowed, setting aside the demand notices issued to the petitioners, on the ground that they are not based on any statute, ordinance or regulation, made under the A.P. Universities Act, 1991; b) it shall be open to the University to inquire as to whether the petitioners have collected any amount from the students, towards development fee/infrastructure fee, and if it emerges that the fee has been collected, the petitioners shall be under obligation to refund the same to the students, or pay it to the University; and c) if any statement made by the petitioners in this regard is found to be incorrect, that would, by itself, be a ground to deny the renewal of affiliation. Having regard to the above admitted position, this writ petition is allowed in terms of the above re-produced order. As a sequel to disposal of the writ petition, W.P.M.P.No.18937 of 2008 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 15th June, 2011 VGB