GOVIND KUMUDA SUSHMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri D.S.N.V.Prasad Babu, M/s. Nomos Vistas, M/s. Sama Sandeep Reddy, Sri Srinivasa Rao Velivela, learned counsel for the petitioners, the learned Additional Advocate General for the State, Sri C. Sudesh Anand for A.F.R.C, Sri D. Prakash Reddy, Sri B.Adinarayana Rao, learned Senior Counsel for various Medical Colleges and the Association of Medical Colleges, Sri N. Subba Rao, Sri Challa Gunaranjan and Sri V.V. Anil Kumar for Respondent-Medical Colleges.

(2.) The present writ petitions are challenging the consensual agreement dated 02.05.2017, G.O.Ms.No.70 Health, Medical and Family Welfare (C1) Department, Dated 03.05.2017, G.O.Ms.No.72 Health, Medical and Family Welfare (C1) Department, Dated 03.05.2017 and G.O.Ms.No.77 Health, Medical and Family Welfare (C1) Department, Dated 06.05.2017, inter alia, making rules for admission and stipulating the annual fee payable, in private unaided medical and dental colleges for Post Graduate Medical Courses and Post Graduate Dental Courses payable from the academic year 2017-2018. There is a further prayer that the private institutions be permitted to collect only the fees prescribed, under G.O.Ms.No.116 Health, Medical and Family Welfare (E2) Department, dated 14.05.2010, for the period commencing from the year 2017-2018. As the issues raised and the prayers are common, all these writ petitions are being disposed of by this common order.

(3.) The Government of Andhra Pradesh in pursuance of the directions in Islamic Academy of Education and another V. State of Karnataka , 2003 6 SCC 697 constituted a Committee for overseeing fair and transparent conduct of Common Entrance Test by the Association of Colleges of Private Un-aided Professional Educational Institutions (Minority and Non-Minority) by way of G.O.Ms.No.91, Higher Education (EC) Department, dated 22.12.2003 and a committee to fix the fees by way of G.O.Ms.No.90, Higher Education (EC) Department, dated 22.12.2003. These Committees continued till G.O.Ms.No.6, Higher Education (EC.2) Department, dated 08.01.2007, was issued under the powers conferred by Section 15 read with Sections 3 and 7 of the Andhra Pradesh Educational Institutions (Regulation of Admission in Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as the 1983 Act). The Committee set up under this G.O., was called the Andhra Pradesh Admission and Fee Regulatory Committee (hereinafter referred to as AFRC). The said G.O., also brought in Regulations as to the Constitution of the AFRC, the process of fee fixation and other general issues.