LAWS(APH)-2016-12-29

KITS MINORITIES WELFARE AND EDUCATIONAL SOCIETY, R/O 56/289, ITI CIRCLE, AKKAYAPALLI, KADAPA, YSR KADAPA DISTRICT, REP.BY ITS SECRETARY, S. ALI AKBAR ANOTHER. Vs. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT., SECRETARIAT BUILDINGS, HYDERABAD AND ANOTHER

Decided On December 16, 2016
Kits Minorities Welfare And Educational Society, R/O 56/289, Iti Circle, Akkayapalli, Kadapa, Ysr Kadapa District, Rep.By Its Secretary, S. Ali Akbar Another. Appellant
V/S
The State Of Andhra Pradesh, Rep.By Its Principal Secretary, Higher Education Dept., Secretariat Buildings, Hyderabad And Another Respondents

JUDGEMENT

(1.) Heard Smt A. Gayatri Devi, learned counsel for petitioner in W.P. No.29515 of 2016, Sri D.Kasim Saheb, learned counsel for petitioner in WP No.31699 of 2016, learned counsel Sri Sitaram Chaparla, holding for Sri K.Gani Reddy, counsel for petitioners on record in rest of cases, learned Government Pleader for Higher Education for respondent no.1, and Sri C.Sudesh Anand, learned standing counsel for Admission and Fee Regulatory Committee for respondent no.2 in all the cases.

(2.) Petitioners in this batch of writ petitions are running educational institutions imparting Bachelor of Education Course of Study. In these writ petitions, petitioners prayed for declaration of the action of the Telangana State Admission and Fee Regulatory Committee (AFRC) in not fixing the fee for the block period 2016- 17 to 2018-19 for B.Ed., Course as arbitrary and discriminatory.

(3.) Sri Seetaram Chaparla contended that the object of Act, 1983 is to prohibit profiteering by the private unaided educational institutions. The Act does not prohibit charging of fee, but only seeks to regulate the fee chargeable by the private unaided educational institutions. The AFRC is a permanent body. Thus, there cannot be a fixed time frame to determine the fee chargeable by private educational institutions and, therefore, AFRC cannot reject the request of petitioners to fix the fee on the ground that they did not respond within the fixed schedule.