PAVAN A P Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition, filed under Article 226 of the Constitution of India, calls in question the order of the State Government, vide G.O.Ms.No.149, Health Medical and Family Welfare (C1) Department, dated 06.09.2017. By way of the said order, the State Government, on the representations made by the private medical colleges, enhanced the tuition fee payable by the MBBS students.

(2.) Heard the learned counsel for the petitioners, learned Government Pleader for Medical and Health appearing for the first and third respondents, the learned Additional Advocate General, Sri P.Sudhakar Reddy, for the second respondent-Dr.NTR University of Health Sciences, and Sri G.Ramesh Babu, learned counsel for the fourth respondent-Narayana Medical College and Hospital, apart from perusing the entire material available on record.

(3.) The sum and substance of the case of the petitioners, as advocated by the learned counsel for the petitioners, is that, in the absence of any report of the Admission and Fee Regulatory Committee (hereinafter called as 'AFRC'), the State Government has no power to enhance the fee payable by the students and the said action is opposed to the very spirit and object of the provisions of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 and the Andhra Pradesh Admission and Fee Regulatory Committee (for Professional Courses offered in Private Un-Aided Professional Institutions) Rules, 2006. In support of the said contention, learned counsel for the petitioners placed reliance on the judgment, dated 23.04.2019, rendered by a Division Bench of the High Court for the State of Telangana in W.P.No.29938 of 2018.