HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.Nos.32886, 33049, 33055, 33669, 33672, 33674, 33676 & 36570 of 2014 Date : 8-12-2014 W.P.No.32886 of 2014 Between :
Vikas Degree College, Represented by its Secretary and Correspondent, Kadapa ..
Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri V.R. Reddy Kovvuri Counsel for respondent No.1 : Assistant Government Pleader for Higher Education The Court made the following:
COMMON ORDER:
This batch of Writ Petitions is filed challenging the levy of University Development Fee at the rate of Rs.480/- and University Tournament Fees at the rate of Rs.120/- per student.
When these Writ Petitions came up earlier, this Court has passed identical interim orders. One such order passed on 10-11-2014 in W.P.No.33676 of 2014, reads as under :
“Learned Assistant Government Pleader for Higher Education takes notice for respondent No.1 and Sri T.Singaiah Goud, learned counsel, takes notice for respondent No.2 and both of them requested for time for filing their respective counter-affidavits.
A perusal of the record prima facie shows that at least in two judgments dated 8-2-2010 and 4-9-2012 in W.P.No.27195 of 2007 and W.P.No.26798 of 2010 & batch respectively, this Court has held that the Universities are not entitled to collect additional fees in the name of development fees, admission/registration/recognition/University services fees.
Respondent No.2-University, which is expected to follow the above-noted judgments, even though it is not a party to the writ petitions in which the judgments were rendered, has been allegedly demanding Rs.480/- per student towards development fees.
In view of the above-noted authoritative pronouncements, respondent No.2 is restrained from collecting the development fees from the petitioner, pending further orders.
Since the issue raised in this writ petition is already decided by as many as two judgments of this Court referred to above, post this case for orders on 8-12- 2014.”
At the hearing, the learned Standing Counsel for respondent No.2 is not present.
In Adarsha College of Education Vs. The Acharya
[1]
Nagarjuna University , this Court while allowing the Writ Petitions filed questioning the collection of certain fees under different heads, including Development Fees at the rate of Rs.2500/- from each student, held that in the absence of any provision under a statute framed by the Executive Council authorizing the University to collect separate fees, the University cannot collect such fees.
In a more detailed Judgment in Islamia Educational
[2]
Society Vs. Government of Andhra Pradesh , this Court dealt with the power of the Acharya Nagarjuna University to levy and collect admission/ registration/recognition/University services fees. In the said batch of cases, the Executive Council has passed resolution dated 20-3-2010 authorising levy and collection of the above mentioned fees. In that context, this Court has considered the provisions of the A.P. Universities Act, 1991 (for short "the Act") in particular, the provisions of Sections 5 and 19 thereof, and held that the admission/registration/recognition /University services fees levied and collected by the said University do not fall within the category of fees prescribed by the said provisions. This Court has also considered the provisions of the A.P. Admission and Fee Regulatory Committee (For Professional Courses offered in Private Un-aided Professional Institutions) Rules 2006. On a comprehensive examination of the legal provisions, this Court held that collection of the above noted fees by Acharya Nagarjuna University was ultra vires its powers.
In my opinion, the collection of Development Fees also does not fall within the provisions of Sections 5 and 19 of the Act 1991 and the reasons mentioned in the Judgment in Islamia Education Society (2-supra) apply in all fours to these cases also.
For the above mentioned reasons, the Writ Petitions are allowed by holding that the levy of University Development Fees by respondent No.2 is illegal. However, this Court is not inclined to interfere with the University Tournament Fees being levied by respondent No.2.
The Writ Petition is partly allowed to the extent indicated above.
As a sequel to the disposal of the Writ Petitions, WPMP No.41125, 41340, 41347, 42120, 42123, 42125, 45777 and 42127 of 2014 filed in the respective Writ Petitions for interim relief are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 8-12-2014 AM
[1] W.P.No.27195 of 2007 & Batch, dt.8-2-2010
[2] 2012(6) ALT 412