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2025 DAILYLAW 11529 (AP)

DHARAVATHU VENKATA SAI DURGA PRASAD v. THE STATE OF AP

WP/6846/2025 · 2025-04-28

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6846/2025 ORAL ORDER: Heard Sri Shaik Khadar Vali, learned Counsel for the Writ Petitioner; Smt. K. Radhika, learned Standing Counsel for the Andhra Pradesh State Council of Higher Education (APSCHE) and Sri Paul Prasad, learned Counsel representing Sri M.Chalapathi, learned Standing Counsel for Acharya Nagarjuna University. 2. The present Writ Petition is filed seeking following relief: “……to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in not permitting to pay the first semester examination fees to the Petitioner basing on fault of the Respondent-3 where the petitioner is studying and paid the college fees as instructed in the counselling letter which the 1st Respondent notified the circular of exams conducted during 2024 through AP Law common Entrance test - 2024 as being not only arbitrary illegal and violative of Articles 14 and 21A of the Constitution of India against the principles of natural justice and Rules framed there under and consequently direct the 2nd Respondent university to permit the petitioner to pay the examination fees as per the norms laid down by the university and continue his law course of 5 years duration graduation in the Respondent-3 college where he has paid the requisite fees for this academic year 2024-25 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case to and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case” 3. It is the case of the Writ Petitioner that, after having secured a rank in the A.P LAWCET - 2024-2025 academic year, the Writ Petitioner has exercised his option to seek admission in Andhra Christian College of Law, Guntur (Respondent No.3) for a 5 year Law Course. It is a matter of record that the admissions are administered by the AP LAWCET Convenor through online mode. Different phases are prescribed by the AP LAWCET Convenor. On 16.10.2024, the first phase of counselling has commenced by permitting the candidates to upload certificates from 16.10.2024 to 23.10.2024. 2 Certificates verification has been undertaken by the AP LAWCET Convenor between 17.10.2024 - 20.10.2024. Some of the categories such as physically handicapped, NCC and Sports etc., were required to attend physically along with their certificates, for the purpose of verification, at Acharya Nagarjuna University, Guntur on 19.10.2024. Web-options were given to the candidates for selection of the desired Law College/Law School between 25.10.2024 - 28.10.2024. An opportunity for re-set/change of options/modifications is provided on 29.10.2024. Thereafter, the LAWCET Convenor would allot admissions to the respective candidates on 02.11.2024. The candidates mentioned in the final list are expected to report in the respective colleges between 04.11.2024 - 07.11.2024 for getting formally enrolled/admitted. 4. The Writ Petitioner herein, who had exercised his option to secure a seat in Andhra Christian College of Law, Guntur (Respondent No.3), had paid the admission fee of an amount of Rs.21,000/- for the first year. It is the submission of the learned Counsel for the Writ Petitioner that the Writ Petitioner has started attending the classes from 11.11.2024 onwards. 5. When the Writ Petitioner had made an attempt to pay the examination fee at the end of first semester, the Respondent No.3 College had declined to accept the same on the ground that his name does not figure in the list approved by the LAWCET Convenor. It is the submission of the learned Counsel for the Writ Petitioner that the examinations for the first semester has commenced from 23.04.2025 onwards and are going on. On account of absence of Writ Petitioner’s name in the approved list, the Writ Petitioner has missed-out his examinations for the first semester. In any case, the major problem appears to be that the admission taken by the Writ Petitioner in Respondent No.3 College has not been recognised by the LAWCET Convenor. 6. Learned Standing Counsel for the Respondent No.2 would submit that the Writ Petitioner has participated in the second phase of counselling, which commenced from 14.11.2024 and on 24.11.2024 at about 13.59 hours 3 (1.59 PM), the Writ Petitioner has accessed the web portal by logging-in and had changed his option to seek admission in V.D. Siddhartha Law College, Vijayawada. 7. It is the submission of the learned Counsel for the Respondent that, since the Writ Petitioner has exercised his option to take admission in V.D. Siddhartha Law College, Vijayawada, the LAWCET Convenor did not show the name of the Writ Petitioner in the list of candidates approved for the Andhra Christian College of Law, Guntur. She would submit that this is the reason why the Andhra Christian College of Law, Guntur did not accept examination fee for the first semester from the Writ Petitioner. 8. It is the submission of the learned Counsel for the Writ Petitioner that the Writ Petitioner has never exercised this option and that he had always intended to pursue his 5 year law course in the Andhra Christian College of Law, Guntur. The Writ Petitioner had filed the Fee Receipt dated 11.11.2024 issued by Andhra Christian College of Law, Guntur (Ex.P.1). It is also stated by the learned Counsel for the Writ Petitioner that the Andhra Christian College of Law, Guntur has recognised the Writ Petitioner as duly enrolled student of the said College and had allowed the Writ Petitioner to participate in a one day Seminar on “Financial Planning and Securities Market – Impersonation and Frauds” held on 13.03.2025. Learned Counsel for the Writ Petitioner has placed the Participation Certificate issued by the Organizers of the said Course, which indicates that the Writ Petitioner is a student of Andhra Christian College of Law, Guntur. 9. Learned Counsel for the Respondent has submitted the Data indicating that the Writ Petitioner had logged into the system during the second phase of counselling on 24.11.2024, which is earmarked by the A.P LAWCET Convenor for re-set/for change of options/modifications. 10. Be that as it may, although the record submitted by the learned Counsel for the Respondent would indicate that the Writ Petitioner has exercised his option, it may be that the Writ Petitioner has never voluntarily 4 intended to change his previous choice of Andhra Christian College of Law, Guntur to that of V.D. Siddhartha Law College, Vijayawada. It is a matter of fact that the Writ Petitioner has, in fact, remitted the annual fee in the Respondent No.3 College (Ex.P.1) and had also attended the classes from 11.11.2024 onwards and had successfully completed the classes for the first semester in the said College. Therefore, it cannot be deemed that the Writ Petitioner has voluntarily exercised his option to seek admission in the V.D. Siddhartha Law College, Vijayawada. Even the conduct of the Writ Petitioner would indicate that, it was always his desire to continue his studies in law in the Andhra Christian College of Law, Guntur. If the Writ Petitioner had really intended to pursue his law course in V.D. Siddhartha Law College, Vijayawada, any time of commencement of classes on 11.11.2024 onwards, he would have approached the authorities for change of College, which he did not do so. 11. In this view of the matter, this Court is of the view that the Writ Petitioner should be allowed to continue in Andhra Christian College of Law, Guntur for completion of five years LL.B Course. The Respondent No.2 is therefore directed to take necessary steps to ensure that the name of the Writ Petitioner shall also appear in the list of approved candidates for the Andhra Christian College of Law, Guntur (Respondent No.3). Since the examinations have already commenced and it is informed at the Bar that only one examination is still left over, there shall be a direction to the Respondent No.2 to permit the Writ Petitioner to appear in the next semester as a student of Andhra Christian College of Law, Guntur and to continue his further course in the same College. 12. With these observations and directions, the Writ Petition stands allowed. No order as to costs. 5 13. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 28.04.2025 JKS 6 28 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 6846 OF 2025 28.04.2025 JKS