THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5880 of 2009 Date:07.07.2011 Between: B.A. & K.R. College of Education, Prakasam District ..... Petitioner AND The Acharya Nagarjuna University, Guntur and another .....Respondents Counsel for the Petitioner: Sri V.Mallik Counsel for Respondent No.1: Sri M.Srinivas Counsel for Respondent No.2: -- The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. 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 the proceedings in No.ANU/Affil./Fee/Rates/2007-08 dt.10.09.2008 issued by the 1st respondent herein demanding the University Infrastructure fee @ Rs.1,500/- for 100 students even after collecting Affiliation Fee in addition to the fee fixed by the Committee for Fixation of Fee structure in Private Un-aided Professional Colleges constituted by the Government of A.P. prescribed under Andhra Pradesh Private Minority/Non-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 for the academic year 2007-2008 as illegal, arbitrary, without power or authority and opposed to the Article 14 of the Constitution of India and consequently set aside the same and to pass such other order or orders..” Sri Srinivas Mantha, learned standing counsel appearing for the respondent No.1-University, stated that similar writ petitions were disposed of. The learned counsel for the petitioner, while accepting the submission of the learned standing counsel, 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 reproduced order. As a sequel to allowing the writ petition, W.P.M.P.No.7670 of 2009 is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 07th July, 2011 GHN