THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI + WRIT PETITION NO. W.P.Nos. 18783;20105;22744; 22803; 23774; 24272; 26168 of 2009; 288;597; 793; 1308;1317; 1493; 2039; 2040; 2480; 2849; 4039 and 5562 of 2010 %FRIDAY, THE 27TH DAY OF AUGUST, TWO THOUSAND TEN # Nalanda Educational Society rep by its Vice-President Sri M.Prasannanjaneyulu and Others … Petitioners Versus $ Government of Andhra Pradesh rep by its Secretary to Government, School Education Department, Secretariat, Hyderabad and others … Respondents ! Counsel for the petitioners : Mr. P.P.Rao Senior Counsel assisted by Mr. P.Venugopal and other counsel ^ Counsel for the respondents: Additional Advocate General assisted by GP for Education < Gist : >Head Note: ? 1. 1993(1) SCC 645 2. (2002) 8 SCC 481 3. (2003) 6 SCC 697 4. (2004) 5 SCC 583 5. (2009) 10 SCC 1 6. (2005) 6 SC 537 7. (1941) Ch 450 8. AIR 1956 SC 285 9. (1911) AC 179 10. (1915) AC 120 11. AIR 1968 SC 850 12. (1948) 1 All.E.R. 780 13. (1915) 84 L.J.Ch. 734 14. (1933) Ch. 814 15. (1965) 49 DLR (2D) 156 16. (1981) 1 WLR 173 (HL) 17. (1963) SR (NSW) 723 18. (1986)1 WLR 763 (C.A) 19. (1984) 83 LGR 79 20. (1888) 58 L.T. 229 21. (1948) 1 All.E.R. 558 22. (1970) 1 WLR 123 23. (1970) 1 WLR 4 24. The Times, October 7 1981 25. (1977) AC 443 26. (1877) 2 c.p.d. 255 27. (1960) ac 336 28. The Times, May 24 1988 29. (1980) RTR 54 30. (1969) 1 WLR 148 31. (1986) 1 WLR 192 32. (1970) AC 972 33. (1971) 1 Q.B. 222 34. AIR 1967 SC 295 35. (1994) 5 SCC 346 36. AIR 1963 SC 1811 37. (2004) 1 SCC 712 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE 27TH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM And THE HON'BLE SRI JUSTICE NOUSHAD ALI W.P.Nos. 18783;20105;22744; 22803; 23774; 24272; 26168 of 2009; 288;597; 793; 1308;1317; 1493; 2039; 2040; 2480; 2849; 4039 and 5562 of 2010 WRIT PETITION NO : 18783 of 2009 Between: Nalanda Educational Society Reptd. by its Vice-President, Sri M. Prasannanjaneyulu, S/o. Late Ramaiah, R/o. Flat No. 202, Jyothi Meadows, Kondapur Hyderabad - 500 084, A Society Registered under the provisions of Societies Registration Act, bearing Regn. No.503/98,Having its Regd.Officeat Seethammadhara, Visakhapatnam.13 ... PETITIONER AND 1 Government of Andhra Pradesh Reptd. by its Secretary to Government School Education Department, Secretariat Buildings, Hyderabad. 2 Commissioner & Director Directorate of School Education Government of Andhra Pradesh, Near Telephone Bhavan, Saifabad, Hyderabad- 4. 3. District Fee Regulatory Committee Visakhapatnam, Visakhapatnam District. ...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, more particularly, one in the nature of Writ of Certiorari calling for the records relating to the G.O.Ms.No. 91, Education (SE:P.S.-I) Department, dated 06-08-2009 issued by the 1st respondent herein and quash the same as being illegal, arbitrary, violative of Article 14 of the Constitution of India and as being ultra vires the provisions of the Andhra Pradesh Education Act, 1982, the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 as well as the law laid down by the Hon'ble Apex Court in T.M.A. Pai Foundation Case; and consequently, suspend the operation of the G.O.Ms.No.91, Education (SE:P.S.-I) Department, dated 06-08-2009 issued by the 1st respondent herein, pending disposal of the above writ petition. Counsel for the Petitioner: Mr. P.P.Rao, Mr. D.Prakash Reddy and Mr.S.Ravi Senior Counsel assisted by Mr. P.Venugopal Counsel for the Respondent No.1 to 3: Addl. Advocate General assisted by GP for Education WRIT PETITION NO : 20105 of 2009 Between: International Educational Academy, Having its Office at 8-1-300/1 & 2, Shaikpet, Beside Tolichowki, Hyderabad - 500008 Rep. by its Chairman, Prof. Kakarla, Patthaiah, Aged: 84 yrs, Resident of Hyderabad. ... PETITIONER AND Government of A.P., Rep. by its Secretary, Department of School Education, Secretariat, Saifabad, Hydearbad. ... RESPONDENT 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 an appropriate writ, direction or order especially in the nature of writ of Mandamus declaring G.O.Ms.No. 91, Education ( PE: PS-I) Department dated 6-8-2009 issued by the Respondent as being illegal, arbitrary and ultra vires of the A.P. Educational Institutions ( Regulation of Admissions and Prohibition of Capitation Fee ) Act, 1983 and setting aside the same and pass Counsel for the Petitioner: Mr. CH.Pushyam Kiran Counsel for the Respondent: GP for School Education WRIT PETITION NO : 22744 of 2009 Between: 1. St.Louis Educational Socity. rep.by its General Secretary Mr.Tony Thangrajan 2. St.Andrews High School, rep.by its Administrator Mrs.Urmila Nair 3. Father Dhanraj, Chairman, ST,Louis Educational Society ... PETITIONERS AND 1 Government of Andhra Pradesh, rep.by the Principal Secretary, to Government , Education Department, Government of Andhra Pradesh, Hyderabad 2 The Secretary, School Education Department Hyderabad 3 The Commissioner & Director of School Education Andhra Pradesh, 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 in the nature of Certiorari or any other appropriate writ or direction quashing the impugned G.Os. bearing G.O.Rt.No.376 Education Department dated 18.6.2009 the G.O.Ms.No.91 dated 6.8.2009 issued by the respondents No.1 and 2 herein and the consequential notification bearing No.8293/B5/2009 dated 7.9.2009 issued by the respondent No.2 herein viz., Secretary, School Education Department and be pleased to declare that the petitioner No.1 is free to administer and fix the schedule of tuition fees and other fees for running the petitioner No.2 school and pass Counsel for the Petitioner: Mr.Y.Ratnakar Counsel for the Respondents Nos 1 to 3: GP for School Education WRIT PETITION NO : 22803 of 2009 Between: 1. Vidyananda Educational Society, 1-11-252/A-3, Jabbar Apartments, Begumpet, Hyderabad 500 016, Rep. by its General Secretary. 2. Delhi Public School, Khajaguda, Hyderabad Rep. by its Pro-Vice Chairman. 3. Delhi Public School, Sikh Village, Secunderabad Rep. by is Management Committee Member. ... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Education Department, Secretariat, Hyderabad. 2 The Commissioner & Director of School Education, Government of Andhra Pradesh, Hyderabad. 3 The District Collector, Ranga Reddy District, 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 an appropriate Writ, order or direction, more particularly, one in the nature of Mandamus declaring the G.O.Ms.No. 91 Education (SE.P.S.- 1) Department, dated 06-08-2009, constituting the District Fee Regulatory Committees for fixation of the fee structure in unaided private educational institutions and mandating that the institution should collect only the said fee structure fixed by the said Committee is violative of Art. 19(10(g) of the Constitution of India and amounts to an unreasonable restriction under. Art. 19(1)(g0 of the Constitution of India and amounts to an unreasonable restriction under Art. 19 (6) of the Constitution of India and consequently set aside the Regulations Counsel for the Petitioner: Mr. B.Adinarayana Rao Counsel for the Respondents Nos 1 to 3: GP for School Education WRIT PETITION NO : 23774 of 2009 Between: 1. Princess Esin Girls' High School, Rep by its Director, Purani Haveli, Hyderabad. 2. Nizamia Hyderabad Women's Association Trust, Rep by its Trustee Mr. Syed Anis Hussain Purani Haveli, Hyderabad. ... PETITIONERS AND 1. State of A.P. Rep by its Secretary to Government, Education Department, Secretariat, Hyderabad. 2 Director of School Education, Andhra Pradesh, Hyderabad. 3 Council for the Indian School Certificate Examinations, ICSE, 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 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, more particularly, the Respondent No. 1 in issuing the notification by virtue of the Government Order in GO Ms.No. 91 dated 06-8-2009 as ultra vires and illegal in excess of exercise of its jurisdiction and whimsical, which is unconstitutional, and may Counsel for the Petitioner: Mr. Mir Wajid Ali Kamil Counsel for the Respondent No.1&2: GP for Education WRIT PETITION NO : 24272 of 2009 Between: M/s. Chirec Educational Society, Kondapur, Hyderabad, Rep by its Secretary, Smt Ratna D. Reddy, W/. Shri Vikram B. Reddy, aged about 50 years, At Premises No. 1-22,Kondapur, Near Hitech City, Botanical Garden Road, Hyderabad - 500 084 ... PETITIONER AND Government of Andhra Pradesh Rep by its Principal Secretary, Department of School Education, Secretariat, Hyderabad. ...RESPONDENT 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 an appropriate writ, direction or order especially in the nature of Writ of Mandamus declaring GO Ms.No. 91, Education (SE.PS-I) Department dated 06-8-2009 issued by the Respondent as being illegal, arbitrary and ultra vires and un-constitutional and nonest, being violative of Articles 14, 19, 21-A,41 and 51-A of the Constitution of India and to set aside the same and to grant such reliefs to which the petitioner may be ultimately found entitled Counsel for the Petitioner: Mr. Harinath Reddy.N. Counsel for the Respondent : GP for Education WRIT PETITION NO : 26168 of 2009 Between: Meridian Educational Society Rep. by its Secretary, B.S. Nellakanta, R/o. Dr. No. 8-2-541, Road No.7, Banjara Hills, Hyderabad. ... PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Department of School Education, Secretariat, Hyderabad. 2. The Commissioner and Director, Directorate of School Educati Education, State of A.P., Near Relephone Bhavan, Saifabad, Hyderabad. 3. The District Fee Regulatory Committee, O/o District Educational Officer, Hyderabad. 4. Central Board of Secondary Education,Rep. by its Secretary, Siksha Kendra Community Centre, Preet Vihar, 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 will be pleased to issue writ of Mandamus or any other appropriate writ or order or direction the G. O.Ms. No. 91, Education (SE. PS-1) Department dated 0-08- 2009 issued by first respondent as illegal, ultra vires the provisions of the Andhra Pradesh Education Act, 1982, the Andhra Pradesh Educational Institutions (Regulation fo Admissions and Prohibition of Capitation Fee) Act, 1983 and unconstitutional being violative of Articles 14, 19 and 21A of the Constitution of the India and Set-aside the same grant such other relief as this Hon'ble Court deems fit and proper in the Circumstances of the case. Counsel for the Petitioner: Mr. Prabhakar Peri Counsel for the Respondent No.1to 3: GP for School Education WRIT PETITION NO : 288 of 2010 Between: 1 M/s.CAL Public School, 1-50, Kapra Main Road Kapra, Keesara, Ranga Reddy ,Hyderabad-500062 rep.by its Director Sri.R.P.Seth 2 M/s.New Education Society, Registered under Societies Registration Act, 1-50, Kapra Main Road, Kapra, Keesara Ranga Reddy, Hyderabad-500062, rep.by its Secretary Sri.RP Seth ... PETITIONERS AND 1 Government of Andhra Pradesh, rep.by its Secretary School Education, Secretariat, Hyderabad 2 The District Educational Officer, Ranga Reddy District Hyderabad 3 The Commissioner & Director of School Education Ranga Reddy District, Hyderabad 4 The Mandal Revenue Officer, Kapra Mandal, Ranga Reddy District 5 Central Board of Secondary Education, Shiksha Kendra 2 Community Centre, Preet Vihar, Vikas Marg, New Delhi-110092 .....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 pass order or orders, writ more particularly one in the nature of writ of mandamus declaring the application of GO.Ms.No.91 Education (SE:P.S.I) Department dated 6.8.2009 Government of AP and the proceedings of the District Educational officer under proceedings 8293/B5/2009 dated 7.9.2009 tot he petitioner school which is affiliated with Central Board of Secondary Education under proceedings No.CBSE/AFF/130122(Ex-00683-0910)/131902 dated 26.5.2008 in the matter of regulating the fees and other matters of the school as arbitrary, illegal, violative of the fundamental rights guaranteed under article 14 and 19(1)(g) of the Constitution of India., contrary to the affiliation granted by the Central Board of Secondary Education, contrary to the no objection issued by the State Government for permitting the petitioner to affiliate itself with central Board of Secondary Education without jurisdiction, contrary to the AP Act, No.5 of 1983 contrary to the Education Act and prevent the Respondents from initiating any proceedings under the said Government order No.91 dated 6.8.2009 against the petitioners perpetually or pass Counsel for the Petitioner: Mr. Deepak Bhattacharjee Counsel for the Respondent No.1 to 4: GP for School Education WRIT PETITION NO : 597 of 2010 Between: SVS Educational Academy, having its office at Bachupally, Miyapur-Medchal Highway, Hyderabad, rep by its Secretary and Correspondent, Sri V.Dhanunjaya s/o Anjaneyulu, aged 43 yeas, r/o Hyderabad. ... PETITIONER AND Government Of Andhra Pradesh Rep.by its Secretary, Department of School Education Secretariat, Saifabad Hyderabad ... RESPONDENT 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 an appropriate writ, direction or order especially in the nature of writ of Mandamus declaring G.O Ms NO 91 Education (SE:PS-I) Department dt 6-8-2009 issued by the Respondent as being illegal, arbitrary and ultra vires of the A.P Education Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act 1983 and setting aside the same Counsel for the Petitioner: Mr. CH.Pushyam Kiran Counsel for the Respondent: GP for School Education WRIT PETITION NO : 793 of 2010 Between: Niraj Educational Society, Ameerpet, Hyderabad, Rep. by its Life Member, B. Jivitesh Reddy S/o. B. Ramender, 39 yrs, R/o H.No. 6-3-864 Saadat Manzil, Ameerpet, Hyderabad ... PETITIONER AND 1 The Government of A.P. Rep by its Principal Secretary Education Department, Secretariat Buildings Hyderabad 2 The Commissioner & Director of School Education, Government of A.P.Hyderabad 3 The District Collector Hyderabad District at 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the G.O.Ms.No. 91 Education (SE: P.S-1) Department dt. 6-8-2009 constituting the District Fee Regulatory Committees for fixation of the fee structure in unaided private educational institutions and mandating that the institution should collect only the said fee structure fixed by the Said Committee is violative of Art. 19 (1)(g) of the Constitution of India and amounts to an unreasonable restriction under Art. 19(6) of the Constitution of India and consequently set aside the said Regulations and pass Counsel for the Petitioner: Smt.S.Renuka Counsel for the Respondent No.1 to 3: GP for School Education WRIT PETITION NO : 1308 of 2010 Between: Chaitanya Memorial Education Society, H.No.4-1-690, Jambagh, Hyderabad, represented by its Honorary Secretary, J.Vikramdev Rao S/o.late J.Ramdev Rao R/o.H.No.7-1-22/12, Begumpet, Hyderabad. ... PETITIONER AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Government of Andhra Pradesh, Hyderabad. 3 The District Collector, Hyderabad District at 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 an appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring the G.O.Ms.No.91 Education (SE:P.S- 1) Department dated 6.8.2009, constituting the District Fee Regulatory Committee for fixation of the fee structure in unaided private educational institutions and mandating that the institution should collect only the said fee structure fixed by the said Committee is violative of Art. 19 (1)(g) of the Constitution of India and amounts to an unreasonable restriction under Art. 19 (6) of the Constitution of India and consequently set aside the said Regulations. Counsel for the Petitioner: Mr. A.Ravi Shankar Counsel for the Respondent No.1 to 3: GP for School Education WRIT PETITION NO : 1317 of 2010 Between: Sunflower Educational Society, S.No. 157/4, Diamond Point, Sikh Road, Secunderabad, W/o. T.R. Raghuram, Aged 40 years, R/o. S.No. 157/4, Diamond Point, Sikh Road, Secunderabad. ... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director, of School Education, Government of Andhra Pradesh, Hyderabad. 3 The District Collector, Hyderabad District at 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 an appropriate Writ, order or direction, more particularly one in the nature of Mandamus declaring the G.O.Ms.No. 91 Education (SE: P.S.-1) Department dated 6-8-2009, constituting the District Fee Regulatory Committees for fixation of the fee structure in unaided private educational institutions and mandating that the institution should collect only the said fee structure fixed b the said Committee is violative of Art. 19(1)(g) of the Constitution of India and amounts to an unreasonable restriction under Art. 19(6) of the Constitution of India and consequently set aside the said Regulations Counsel for the Petitioner: Mr. A.Ravi Shankar Counsel for the Respondent No.1 to 3: GP for Education WRIT PETITION NO : 1493 of 2010 Between: Narayana Educational Society, Narayanguda, Hyderabad, Rep. by its Vice Chairman. ... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, School Education Department, Secretariat, Hyderabad. 2 The Commissioner and Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Collector, Hyderabad District, at Nampally Station Road, 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 Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring G.O.Ms.NO. 91 Education (SE.PS-1) Department, dated 06-8-2009 whereunder the District Fee Regulatory Committee for fixation of fee structure in Un-aided Private Educational Institutions and Mandating that the institution should collect only the said stipulated fee fixed by the said committee as illegal, contrary to the A.P. Education Act, 1983 and Rules made there under and violative of Article 19(1) (g) of Constitution of India and consequently restrain the Respondents herein in any way interfering with the Fee Structure in pursuance of the said G.O. Counsel for the Petitioner: Mr.S.V.Bhatt Counsel for the Respondent No.1 to 3: GP for School Education WRIT PETITION NO : 2039 of 2010 Between: 1 Vikas Educational Society, A Society Registered under the Provisions of Societies, Having its registered office at 10-1-28, Asilmetta, Vis-3. Rep by its Vice- President, Mr.M. Prasannanjaneyulu, S/o. Late Ramaiah, Aged about 43 yers, Occ:Edu R/o. Flat No. 202, Jyothi Meadows, Kondapur, Hyderabad - 500 084 2 OAKRIDGE International School, Sy.No. 6 and 13, Khajaguda, Nanakramguda Road, Serilingampalli Mandal, Ranga Reddy District, Rep by its Vice President, Mr. M. Prasannanjaneyulu ... PETITIONERS AND 1 The Government of A.P. Rep by its Principal Secretary Education Department, Secretariat Buildings Hyderabad 2 Commissioner & Director Directorate of School Education, Govt. of A.P. Saifabad, Hyderabad-4 3 District Fee Regulatory Committee, Ranga Reddy District, Collectorate Office, Ranga Reddy District. ... 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the G.O.Ms.No. 91 Education (SE: P.S-1) Department dt. 6-8-2009 issued by the 1st respondent as being illegal arbitrary and ultra vires of the A.P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 and consequently set aside the Counsel for the Petitioner: Mr. Challa Gunaranjan Counsel for the Respondents Nos.1 to 3: GP for Education WRIT PETITION NO : 2040 of 2010 Between: 1 OAKRIDGE EDUCATIONAL SOCIETY, A Society registered under the provisions of A.P.Societies Registrations Act 2001 bearing Regd.No.206 of 2008, Having its registered office at 10-1-28, Asilmetta, Visakhapatnam-3, represented by its Vice-President Mr.M.Prasannanjaneyulu, S./o.Late Ramaiah aged about 43 years, Occ: Education, Resident of Hyderabad. 2 OAKRIDGE INTERNATIONAL SCHOOL, Bowrampet Qutbullapur Mandal, Ranga Reddy District, rep.by its Vice President Mr.M.Prasannanjaneyulu 3 WEST WOOD INTERNATIONAL SCHOOL, Lawson`s Bay Colony, Visakhapatnam-17, Rep.by its Vice president, Mr.M.Prasannanjaneyulu ... PETITIONERS AND 1 Government of Andhra Pradesh, rep. by its Secretary to Government, School Education Dept., Secretariat, Hyderabad 2 The Commissioner & Director , Directorate of School Education, Govt of A.P., Saifabad, Hyderabad-4 3 The District Fee Regulatory Committee, Ranga Reddy District, Collectorate office, Ranga Reddy District 4 The District Fee Regulator Committee, Visakhapatnam District, Collectorate office, Visakhapatnam District ... ESPONDENTS 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 an appropriate writ direction or order especially one in the nature of writ of mandamus declaring G.O.Ms.No.91, Education (SE.PS-I) Department dated 6.8.2009 issued by the 1st respondent as being illegal, arbitrary, and ultra vires of the AP Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act,1983 and consequently set aside the same and pass Counsel for the Petitioner: Mr. Challa Gunaranjan Counsel for the Respondents No.1 to 4: GP for Education WRIT PETITION NO : 2480 of 2010 Between: Hyderabad Education Academy, a Society Registered under the Societies Registratrion Act with Registration No. 2515/9 having its registered office at Masab Tank Hyderagad Per correspondent Salman Karim Babu Khan ... PETITIONER AND 1 Union of India, Rep. by its Secretary, Ministry of Human Resources Department, (Education), New Delhi. 2 Government of Andhra Pradesh, Rep. by its Secretary, Education (SE.PS-I)Department, State Secretariat Buildings, Saifabad, Hyderabad. 3 Government of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Hyderabad. 4 District Collector, Hyderabad District, Government of A.P. 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 more particularly in the nature of a Writ of Mandamus declaring the action of the Respondent No. 2 in issuing the GO Ms.No. 91 dated 06-8-2009 and all consequential proceedings as ultra vires and illegal, in excess of jurisdiction, arbitrary proceedings as ultra vires and illegal, in excess of jurisdiction, arbitrary and unconstitutional Counsel for the Petitioner: Mr. S.R.Mahajir Counsel for the Respondent No1.: Mr.Ponnam Ashok Goud(Asst Solicitor Gen) Counsel for the Respondent No2 to 4.: G.P. for School Education WRIT PETITION NO : 2849 of 2010 Between: Sree KTM Trust, having its office at H.No. 1-2-288/23/1, Domalguda, Hyderaba Rep its Trustee, K.T. Mahi, s/o. Late K. Mahipathi Rao, about 44 years, Occ : Educationist, R/o. H.No. 17/C, M.L.A. Colony, Road No. 12, Banjara Hills, Hyderabad. ... PETITIONER AND 1 Government of Andhra Pradesh Reptd. by its Principal Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Government of Andhra Pradesh, Hyderabad. 3 The District Collector and Chairman, District Fee Regulatory Committee, Ranga Reddy District at Lakdikapool, 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 an appropriate writ, Order or direction, more particularly, one in the nature of Writ of Mandamus declaring the G.O.Ms.No. 91, Education (SE:P.S.-I) Department, dated 06-08-2009 constituting the District Fee Regulatory Committees for fixation of the fee structure in unaided private educational institution should collect only the said fee structure fixed by the said committee is violative of Art. 19 (1) (g) of the