THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD + WRIT PETITIONS NO.16547, 17498, 20535, 20543, 20971, 20972, 21152, 21165, 21190, 21225, 21243, 21772, 21823, 21830, 21831, 21834, 21836, 21900, 21905, 21907, 21938, 21939, 21940, 21941, 21944, 21945, 21946, 21947, 22154, 22179 and 22375 OF 2010. % Dated: 29-10-2011 # Chaitanya Bharathi Institute Society, a Society registered Act No. 35 of 2001 Ø Consortium of Engineering Colleges Managements Association (CECMA) and others. Ø Professional Colleges Managements Association, Regd. No.448 of 2010, Habsiguda, Ranga Reddy District, Ø Chaitanya Bharathi Institute of Technology, rep. by its Principal, Dr. B. Chennakesava Rao, CBIT Campus and others. …Petitioners VERSUS $ Government of Andhra Pradesh, represented by its Principal Secretary, Higher Education Department, and others. … Respondents ! Counsel for the petitioners : Sri Rajendra Chowdary for Sri K. Durga Prasad Sri Kurian George Kannanthanam for Sri M. Ravindranath Reddy Sri S.NIRANJAN REDDY Sri R.A. ACHUTHANAND Sri S. Sriram for Sri SRICHARAN TELAPROLU Sri P. VENUGOPAL Sri HARENDER PRASAD ^ Counsel for respondents: The Addl. Advocate General for GP FOR HIGHER EDUCATION Sri P. Ashok Goud – Asst. Solicitor General Sri Sudesh Anand Sri K. Rathanga Pani Reddy Sri Deepak Bhattacharjee <GIST: > HEAD NOTE: ? Cases referred 1. 2011 TLPRE-0-567 2. 2002 8 SCC 481 3. 2003 6 SCC 697 4. 2005 6 SCC 537 5. 2007(4) ALD 73 6. 1993 (1) SCC 645 7. (2004) 5 SCC 583. 8. (2009) 10 SCC 1 9. (2004) 8 Supreme Court Cases 135 10. 2007 (4) KLT 530 11. 2007(1) KLT 409 12. 2007(1) KHC 161 13. AIR 1962 SC 316 14. AIR 1957 SC 877 15. Great Western Rly 60 vs. Owners of SS Mostyn (1928) AC 57 16. (1901) AC 495 at 496 17. Essays on Jurisdictions and the Common Law 18. AIR 1967 SC 1480 IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH: AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWENTY-NINETH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION Nos.16547, 17498, 20535, 20543, 20971, 20972, 21152, 21165, 21190, 21225, 21243, 21772, 21823, 21830, 21831, 21834, 21836, 21900, 21905, 21907, 21938, 21939, 21940, 21941, 21944, 21945, 21946, 21947, 22154, 22179 and 22375 OF 2010. WRIT PETITION NO : 16547 of 2010 Between: 1 Consortium of Engineering Colleges Managements Association (CECMA) (Regd.No.53 of 2008) Regd Office, 8-2-693/2/26 & 27, Mithilanagar, Road No.12, Banjara Hills, Hyderabad, represented by its General Secretary Dr.P.Rajeshwar Reddy S/o.late Raghava Reddy aged about 46 years, R/o. 301, Golden Towers III, DD Colony, Hyderaba 2 Self Finance Rural Engineering Colleges Managements Association ( SFRECMA ) (Regd No.114 of 2002) 2-1-124/A/2, Nallakunta, Hyderabad 500 044 represented by its President K.Krishna Reddy S/o.late K. Gopal Reddy. 3 Engineering Colleges Management Association (ECMA) (Regd No.265 of 2007) Chikadpally, Hyderabad represented by its Chairman N.Ramesh Babu S/o.Seethaiah aged 43 years, R/o. Hyderabad. 4 A.P. Private Engineering Colleges Managements Association (APPECMA) (Regd.No.681 of 1981) Bagh Lingampally, Hyderabad, represented by its Chairman Dr. V. Malakonda Reddy. 5 Professional Colleges Managements Association represented by its General Secretary Dr K.Suneel Kumar Regd Office: G1, Vinoothna's Madhusha Apt. Street No.5, Habsiguda, Ranga Reddy District. 6 Samikhya Educational Society, Bhongir, Nalgonda represented by its Secretary A.Prabhakar Reddy S/o.A Malla Reddy R/o. Flat No.101, Shilpi Residency, Maruthinagar, Champapet, Hyderabad. 7 A.Prabhakar Reddy S/o.A.Malla Reddy R/o.Flat No.101, Shilpi Residency, Maruthinagar, Champapet, Hyderabad. 8 Annamacharya Educational Trust, represented by its Secretary, Mr.C.Gangi Reddy S/o.late Narayana Reddy,R/o.2-2-25/P/7/11 DD Colony Bagh Amberpet. 9 Mr.C.Gangi Reddy S/o.late Narayana Reddy R/o.2-2-25/P/7/11 DD Colony Bagh Amberpet. 10 Jayaprakash Narayana Educational Society, Mahabubnagar, represented by its Chairman Sri K.S. Ravi Kumar S/o. K.Shankarappa Aged 46 years R/o.5-1- 108, Vallabhnagar, Mahabubnagar. 11 K.S.Ravi Kumar S/o.K.Shankarappa R/o.5-1-108, Vallabhnagar, Mahabubnagar. 12 Grahambell Educational Society, represented by its Secretary, T.Srinivas Acharya S/o. T S Acharya R/o.9-8-35, Maruthinagar Colony, Hyderabad 59. 13 T. Srinivas Acharya S/o. T S Acharya R/o.9-8-35, Maruthinagar Colony, Hyderabad 59. 14 Indur Educational Society, represented by its Secretary K.Krishna Rao S/o.Ramchander Rao R/o.Flat No. 101 KK Town, Nagarjunagar, Tarnaka, Hyderabad. 15 K.Krishna Rao S/o.Ramchander Rao R/o.Flat No. 101 KK Town, Nagarjunagar, Tarnaka, Hyderabad. 16 Swathi Memorial Educational Society, represented by its Secretary D.Linga Reddy S/o. Ram Reddy R/o. 16-2-754/A/23/1 APAB Colony, Dilsukhnagar, Hyderabad. 17 D.Linga Reddy S/o. Ram Reddy R/o. 16-2-754/A/23/1 APAB Colony, Dilsukhnagar, Hyderabad. 18 Subrabhat Educational Society, Raghavapur (V), Bhongir Mandal, Nalgonda District, represented by its Secretary Dr K.Suneel Kumar S/o. Peddayya R/o.306, SR Complex, Opp: CCMB, Hyderabad. 19 Dr K Suneel Kumar S/o.Peddayya R/o.306, SR Complex, Opp: CCMB, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh, represented by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad. 2 Admission & Fee Regulatory Committee for Matters Relating to Fee Fixation in Private Unaided Professional Colleges, 1st Floor (South Wing), Gagan Vihar M J Road, Hyderabad, represented by its Member Secretary 3 Commissioner & Director of Technical Education, BRK Bhavan, Tank Bund, Hyderabad. 4 A.P. State Council for Higher Education, represented by its Secretary, Saifabad, Hyderabad. 5 Convener, EAMCET 2010 Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction, one more particularly in the nature of a writ of "Mandamus" i) declaring the rules made in GO Ms No.53 dated 10.5.2006 called The Andhra Pradesh Unaided Non Minority Professional Institutions (Regulation of Admissions into under - Graduate Professional Courses through Common Entrance Test) Rules, 2006 and rules made in GO Ms.No.59 dated 26.5.2006 called The Andhra Pradesh Regulation of Admissions into MBA/MCA Professional Courses Through Common Entrance Test Rules, 2006 particularly Rules 3 and 6 thereof as ultravires and unconstitutional and set aside the same; and ii) direct the 2nd respondent to fix separate fee for each institution on the basis of the facilities and infrastructure provided by it; and iii) direct the Respondents to fix a common fee for all seats in each institution without discriminating between Category 'A' and Category 'B' seats; Counsel for the Petitioner: SRI.S.NIRANJAN REDDY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION WRIT PETITION NO : 17498 of 2010 Between: 1 Professional Colleges Managements Association, Regd. No.448 of 2010, Habsiguda, Ranga Reddy District, represented by its Organizing Secretary, Dr.S.Venkateshwara Rao. 2 Dr.S.Venkateshwara Rao S/o.S.Raghava Rao R/o.H.No.3-9-632, Praghathi Nagar, Mansoorabad, Ranga Reddy District. 3 St. Xiever's Educational Society, Regd. No.6300 of 2000, Plot No.825, Vasanth Nagar, near JNTU, Kukatpally, Hyderabad, represented by its Member K.Sudhir. 4 St. Xiever's P.G. College, Sy.No.155, Gopanpally Village, Seri Lingampally Mandal, Ranga Reddy District, represented by its Member Mr.K.Sudhir. 5 K.Sudhir S/o.K.Kistaiah R/o.4-1-216/170, Karthikeyanagar, Nacharam, Hyderabad. 6 Graham Bell Educational Society, Regd. No.9381 of 2000, represented by Its Secretary,Mr.T.Srinivasa Acharya 7 Graham Bell P.G. College, represented by its Secretary, Mr.T.Srinivasa Acharya 8 T.Srinivasa Acharya S/o.T.S.Acharya R/o.H.No.9-8-25, Maruthinagar Colony, Santosh Nagar, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh, represented by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad 2 Admission & Fee Regulatory Committee for Matters Relating to Fee Fixation in Private Unaided ProfessionalColleges, 1st Floor (South Wing), Gagan Vihar M.J. Road, Hyderabad, represented by its Member Secretary 3 Commissioner & Director of Technical Education, BRK Bhavan, Tank Bund, Hyderabad. 4 A.P. State Council for Higher Education, represented by its Secretary, Saifabad, Hyderabad. 5 Convener, ICET 2010 Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction one more particularly in the nature of a Writ of "Mandamus" i) declaring the rules made in GO Ms.No.53 dated 10.5.2006 called The Andhra Pradesh Unaided Non Minority Professional Institutions (Regulation of Admissions into under - Graduate Professional Courses through Common Entrance Test) Rules, 2006 and rules made in GO Ms.No.59 dated 26.5.2006 called The Andhra Pradesh Regulation of Admissions into MBA/MCA Professional Courses Through Common Entrance Test Rules, 2006 particularly Rules 3 and 6 thereof as ultravires and unconstitutional and set aside the same; and ii) direct the 2nd respondent to fix separate fee for each institution on the basis of the facilities and infrastructure provided by it; and iii) direct the Respondents to fix a common fee for all seats in each institution without discriminating between Category "A" and Category "B" seats; Counsel for the Petitioner: SRI.S.NIRANJAN REDDY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION WRIT PETITION NO : 20535 of 2010 Between: 1 Chaitanya Bharathi Institute Society, a Society registered Act No. 35 of 2001, rep. by its President, Dr. B.N. Reddy, S/o. B. Ramchandra Reddy, CBIT Campus, Kokapet Village, Rajendra Nagar(M) Ranga Reddy District, Hyderabad - 500 075 2 Chaitanya Bharathi Institute of Technology, rep. by its Principal, Dr. B. Chennakesava Rao, CBIT Campus, Kokapet Village, Rajendra Nagar (M), Ranga Reddy District, Hyderabad - 500 075 3 D. Kamalakar Reddy, S/o. D. Ram Reddy, R/o. H.No. 8-2-293/82/J-III/243/G-1, Kulsum Residency, Filmnagar, Jubilee Hills, Hyderabad-500 033 ..... PETITIONERS AND 1 State of Andhra Pradesh, rep. by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad-500 004. 2 Admission and Fee Regulatory Committee rep. by its Member Secretary 1st Floor (South Wing), Gagan Vihar, M.J.Road, Hyderabad-500 007. 3 Andhra Pradesh State Council for Higher Education, rep.by its Chairman, 1st Floor, JNTU Masab Tank Campus,Mahaveer Marg, Opp. Mahaveer Hospital, Hyderabad- 500028 4 Union of India, rep. by its Secretary, Ministry of Human Resources and Development,Government of India, Shastri Bhawan, New Delhi 110 115 5 All India Council for Technical Education rep. by its Member Secretary, 4th Floor, East Tower, NBSC Place, Bhisham Pithama Marg, Pragati Vihar, Lodhi Road, New Delhi - 110 003. 6 Osmania University, rep. by its Registrar, Osmania University, Hyderabad-500 007 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly in the nature of writ of declaration declaring a) that the Constitution (Ninety Third Amendment) Act 2005 is ultra vires the Constitution of India in so far as the Un-aided Institutions are concerned. b) that G.O.Ms.No.59, Higher Education (EC-2) Department, dated 13.07.2009 is ultra vires Article 19(1)(g) of the Constitution of India and / or the same is inapplicable to the petitioner institution. c) that Sec. 3 and 7 of A.P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 is ultra vires Article 19(1)(g) and 14 of the Constitution of India and the same is unenforceable in so far as the Un-aided Institutions are concerned. d) that rules 3, 4, 5, 6, 7 and 8 of A.P. Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Professional Courses through Common Entrance Test) Rules 2006, are ultra vires Article 19(1)(g) and 14 of the Constitution of India and the same is unenforceable in so far as the Un-aided Institutions are concerned. e) that Rules 3(1), 3(viii) and Rule 4(v) and (vii) of Andhra Pradesh Admission and Fee Regulatory Committee (for Professional Courses offered in Private Un-Aided Professional Institutions) Rules 2006, are ultra vires Article 19(1)(g) of the Constitution of India and the same are unenforceable in so far as the petitioner Institutions is concerned. f) that G.O.Ms.No.76 and 77, Higher Education (EC-2) Department, dated 13.08.2010 are ultra vires Article 19(1)(g) and 14 of the Constitution of India and / or the same are inapplicable to the petitioner Institution, and to further declare that the same are illegal, null, void, arbitrary and against the constitution of India in so far as the petitioners institution is concerned and consequentially delcare g) that the petitioner institution is entitled to collect a uniform fee of Rs.1,31,000/- (Rupees One Lakh Thirty One Thousand Only) per student for all the courses for the academic year commencing from 2010-2011 onwards, h) that the petitioner institution is entitled to collect a fee upto Rs. 1,47,000/- (Rupees One Lakh Forty Seven Thousand Only) per student per annum for all the courses for the Academic year commencing from 2010-2011 onwards Counsel for the Petitioner:SRI.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR HIGHER EDUCATION WRIT PETITION NO : 20543 of 2010 Between: 1 Chaitanya Bharathi Educational Society, a Society registered under A.P. (Telangana Area) Public Societies Registration Act, 1350 F, rep. by its Secretary, D.Kamalakar Reddy S/o D.Ram Reddy, O/o. Premises No.3-5-925/2B, Narayanaguda, Hyderabad 500 029 2 Mahatma Gandhi Institute of Technology, rep. by its Principal, Dr. G. Chandra Mohan Reddy, Chaitanya Bharati P.O., Gandipet, Hyderabad 500 075 3 Dr.B.N. Reddy S/o. B. Ramachandra Reddy R/o. H.No. 6-85/17, 18, BNR Hills, Near Ashwini Layout, Road No.51 Extn., Raidurg Village, Jubilee Hills, Hyderabad-500 019. ..... PETITIONERS AND 1 State of Andhra Pradesh, rep. by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad-500 004. 2 Admission and Fee Regulatory Committee rep. by its Member Secretary 1st Floor (South Wing), Gagan Vihar, M.J.Road, Hyderabad-500 007. 3 Andhra Pradesh State Council for Higher Education, rep.by its Chairman, 1st Floor, JNTU Masab Tank Campus, Mahaveer Marg, Opp. Mahaveer Hospital, Hyderabad- 500028 4 Union of India, rep. by its Secretary, Ministry of Human Resources and Development, Government of India, Shastri Bhawan, New Delhi 110 115 5 All India Council for Technical Education rep. by its Member Secretary, 4th Floor, East Tower, NBSC Place, Bhisham Pithama Marg, Pragati Vihar, Lodhi Road, New Delhi 110 003. 6 Jawaharlal Nehru Technology University rep. by its Registrar, JNTU Hyderabad, Kukatpally,Hyderabad-500 072. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly in the nature of writ of declaration declaring a) that the Constitution (Ninety Third Amendment) Act 2005 is ultra vires the Constitution of India in so far as the Un-aided Institutions are concerned. b) that G.O.Ms.No.59, Higher Education (EC-2) Department, dated 13.07.2009 is ultra vires Article 19(1)(g) of the Constitution of India and / or the same is inapplicable to the petitioner institution. c) that Sec. 3 and 7 of A.P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 is ultra vires Article 19(1)(g) and 14 of the Constitution of India and the same is unenforceable in so far as the Un-aided Institutions are concerned. d) that rules 3, 4, 5, 6, 7 and 8 of A.P. Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Professional Courses through Common Entrance Test) Rules 2006, are ultra vires Article 19(1)(g) and 14 of the Constitution of India and the same is unenforceable in so far as the Un-aided Institutions are concerned. e) that Rules 3(1), 3(viii) and Rule 4(v) and (vii) of Andhra Pradesh Admission and Fee Regulatory Committee (for Professional Courses offered in Private Un-Aided Professional Institutions) Rules 2006, are ultra vires Article 19(1)(g) of the Constitution of India and the same are unenforceable in so far as the petitioner Institutions is concerned. f) that G.O.Ms.No.76 and 77, Higher Education (EC-2) Department, dated 13.08.2010 are ultra vires Article 19(1)(g) and 14 of the Constitution of India and / or the same are inapplicable to the petitioner Institution, and to further declare that the same are illegal, null, void, arbitrary and against the constitution of India in so far as the petitioners institution is concerned and consequentially delcare g) that the petitioner institution is entitled to collect a uniform fee of Rs.1,31,000/- (Rupees One Lakh Thirty One Thousand Only) per student for all the courses for the academic year commencing from 2010-2011 onwards, h) that the petitioner institution is entitled to collect a fee upto US$ 5994 (Five Thousand Nine Hundred and Ninety Four US Dollars Only) per student per annum for all the courses under the limited reservation of 15% NRI seats for the Academic year commencing from 2010-2011 onwards Counsel for the Petitioner: SRI.R A.ACHUTHANAND Counsel for the Respondent No.: GP FOR HIGHER EDUCATION WRIT PETITION NO : 20971 of 2010 Between: 1 CMR Educational Society, Jayanagar Colony, Bowenpally, Secunderabad, represented by its Secretary, Ch Mahender Reddy S/o.Ch. Malla Reddy 2 Malla Reddy College of Engineering & Technology Maisammaguda,Gundlapochampally, Medchal Mandal, R.R. Dist. rep. by its Secretary, Ch Mahender Reddy S/o.Ch Malla Reddy 3 Ch Mahender Reddy S/o. Ch Malla Reddy R/o. Jayanagar Colony, Bowenpally, Secunderabad, ..... PETITIONERS AND 1 Government of A.P. represented by its Principal Secretary, Higher Education Department, Secretariat Buildings, Saifabad, Hyderabad. 2 Admission & Fee Regulatory Committee for Matters Relating to Fee Fixation in Private Unaided Professional Colleges, 1st Flooor, (South Wing), Gagan Vihar, MJ Road, Hyderabad, represented by its Member Secretary. 3 Commissioner & Director of Technical Education, BRK Bhavan, Tank Bund, Hyderabad. 4 Andhra Pradesh State Council for Higher Education, represented by its Secretary, Masabtank, Hyderabad. 5 The Convenor, EAMCET-2010, JNTU, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, one more particularly in the nature of a writ of Mandamus i) declaring the Rules made in G.O.Ms.No.53 dated 10.5.2006 as amended in GO Ms.No.113 dated 10.8.2009 as illegal, unconstitutional and ultravires and set-aside the same. ii) declare the action of the 1st respondent in issuing GO Ms.No.76 and GO Ms.No.77 Higher Education (EC-2) Department dated 13.8.2010 on the basis of the recommendations made by the 2nd respondent in Lr.No.13/AFRC/FF/2010- 377 TO 379 dated 5.8.2010 as illegal, arbitrary, unconstitutional and set aside the same; and iii) consequently direct the respondents to approve the fees structure proposed by the petitioners vide its representation dated 16.7.2010 and permit the petitioners to collect the fees as proposed by it; Counsel for the Petitioner: SRI.S.NIRANJAN REDDY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION WRIT PETITION NO : 20972 of 2010 Between: 1 CMR Educational Society Jayanagar Colony, Bowenpally,Secunderabad Rep.by its Secretary Ch.Mahender Reddy,S/o. Ch.Malla Reddy age(31) Years 2 Malla Reddy Engineering College, Maisammaguda, Gundla Pochampally, Medchal(M) RR District rep.by its Secretary, Ch. Mahender Reddy S/o.Mahender Reddy,age(31) Years 3 Ch. Mahender Reddy, S/o. Ch. Malla Reddy, Jayanagar Colony, Bowenpally, Secunderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh, rep.by its Principal Secretary,Higher Education Department Secretariat Buildings,Hyderabad 2 Admission & Fee Regulatory Committee for Matters Relating to Fee Fixaton in Private Unaided Professional Colleges, 1st Floor, (South Wing) Gagan Vihar, MJ Road, Hyderabad, Rep by its Member Secretary 3 Commissioner & Director of Technical Education, BRK Bhavan, Tank Bund, Hyderabad. 4 A.P. State Council for Higher Education, Rep by its Secretary, Saifabad, Hyderabad. 5 The Convenor,EAMCET-2010 JNTU,Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, one more particularly in the nature of a writ of "Mandamus" i) declaring the Rules made in G.O Ms No.53 dated 10-5-2006 as amended in Go Ms No.113 dated 10-8-209 as illegal, unconstitutional and ultra vires and set-aside the same ii) declare the action of the 1st respondent in issuing GO Ms No.76 and GO Ms No.77 Higher Education(EC-2) Department dated 13-8-2010 on the basis of the recommendations made by the 2nd respondent in Lr No.13/AFRC/FF/2010- 377 to 379 dated 5-8-2010 as illegal, arbitrary, unconstitutional and set aside the same; and iii) consequently direct the respondents to approve the fees structure proposed by the petitioners vide its representation dated 16-7-2010 and permit the petitioners to collect the fees as proposed by it;and iv) pass Counsel for the Petitioner: SRI.S.NIRANJAN REDDY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION WRIT PETITION NO : 21152 of 2010 Between: 1 Joseph Sriharsha Mary Indraja Educational Society, represented by its Secretary Rev.K.V.K.Rao Plot No.102, High Court Colony, Vanasthalipuram, Hyderabad - 500 070. 2 Joseph Sriharsha Mary Indraja Educational Society's, Group of Institutions, represented by its Secretary & Correspondent, Rev. K.V.K. Rao, Deshmukhi Village, Pochampally Mandal, Nalgonda District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Department of Higher Education, Secretariat Buildings, Saifabad, Hyderabad. 2 The Admission and Fee Regulatory Committee for matters relating to fee fixation in Private Un-Aided Professional Colleges, represented by its Member Secretary 1st Floor, (South Wing), Gagan Vihar, M.J. Road, Hyderabad. 3 Convenor EAMCET-AC/PGCET-AC (SWII) (Admissions-2010) C/o. AP Veterinary Association Hall, Lane Opp: Mahaveer Hospital, Shantinagar, Hyderabad. 4 All India Council for Technical Education, represented by its Member Secretary, 7th Floor, Chanderloak Building, Ganapath, New Delhi. 5 AP State Council of Higher Education, represented by its Chairman, 1st Floor, JNTU Masab Tank Campus, Mahaveer Marg, Opp: Mahaveer Hospital, Hyderabad - 500 028. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction 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 undergraduate Engineering including Pharmacy and Architecture courses in Private Un-Aided institutions at Rs.31,000/- per annum per student for Category "A" seats and fixing Rs.95,000/- per annum per student for category "B" seats, vide G.O.Ms.No.76, dated 13.8.2010, issued by the 1st respondent as well as b) fixing a fee of Rs.27,000/- per student per annum for MBA and MCA courses in "A" category and Rs.78,000/- per student per annum for MBA and MCA courses in "B" category vide G.O.Ms.No.77, dated 13.8.2010, issued by the 1st respondent, as arbitrary, illegal and violative of Articles 14, 21, 30(1) and 300-A of the Constitution of India 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 representation dated 2-6-2010 in regard to the tuition fee for the above courses c) declaring the inaction of the 4th Respondent in fixing the norms and guidelines for charging tuition and other fees for the private unaided technical institutions as required under Section 10(j) of the All India Council for Technical Education Act, 1987 as illegal, arbitrary and consequently direct the 4th Respondent AICTE to fix the norms and guidelines for charging tuition and other fees for the private unaided technical institutions. Counsel for the Petitioner: Sri.SRICHARAN TELAPROLU Counsel for the Respondent No.: GP FOR HIGHER EDUCATION WRIT PETITION NO : 21165 of 2010 Between: 1 Joseph Sriharsha Mray Indraja Education Society Rep by its Secretary Rev. K.V.K. Rao Plot No. 102, High Court Colony Vanasthalipuram, Hyderabad- 500070 2 St. Mary's Engineering College Rep byits Secretray & Correspondent Rev. K.V.K. Rao, Deshmukhi Village Pochampally Mandal, Nalgonda District ..... PETITIONERS AND 1 The Government of Andhra Pradesh Rep by its Prl.Secretary Department of Higher Education Secretariat Buildings, Saifabad, Hyderabad 2 The Admission and Fee Regulatory Committee for matters relating tofee fixation in Private Un-Aided Professional Colleges, Rep by its Member Secretary 1st Floor ( South Wing ) Gagan Vihar, M.J. Road, Hyderabad 3 Convenor EAMCET-AC.PGCET-AC(SWII) (Admissions-2010 ) C/o AP Veterinary Association Hall Lane Opp: mahaveer Hospital Shntinagar, Hydeabad 4 All India Council for Technical Education Rep by its Member Secretary 7th Floor, Chandrerloak Building Ganapath, New Delhi 5 AP State Council of Higher Education Rep by its Chairman, 1st Floor JNTU Masab Tank Campus Mahaveer Marg Opp. Mahaveer Hospital, Hyderabad-500028 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents herein in fixing and notifying the tution fee structure a) in respect of undergraduate Engineering including Pharmacy and Architecture courses in Private Un- Aided institutions at 31,000/- per student for Category "A' seats and fixing Rs. 98,000/- per annum per student for