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2025 DAILYLAW 11682 (AP)

Mr. Balaga Ravi Kumar v. The State of Andhra Pradesh

WP/6875/2025 · 2025-03-18

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6875 OF 2025 Between: 1. Mr. Balaga Ravi Kumar, C/o Balaga Bhaskara Rao Occ Student, R/o Aged 44 years, 3rd Floor Swetha Nilayam, Chanikya Nagar, Near Ramalayam Pendurthi, Sujatha Nagar, Visakhapatnam, Andhra Pradesh. 2. Kum. Samudrala Shobharani, C/o Kishore Kumar Occ Student, Aged 30 years, R/o Srinivasa Nagar, Proddatur, Cuddapah, Andhra Pradesh - 516360. 3. Mr. Panapana Saikrishna, S/o Panapana Tarakesu Occ Student, Aged 24 years, R/o Pedda Veddi, Kaviti, Kojjirila, Srikakulam, Andhra Pradesh. 4. Mr. Moka Leela Krishna, S/o Satyanarayana, Occ Student, Aged 33 years, Sai Baba Temple, Srikakulam, Andhra Pradesh. 5. Mr. Muppana Ravikumar, S/o Sivakumar Occ Student, Aged 25 years, Kotta Veedhi, Rekhadevipuram, Kanchilimandalam, Srikakulam District, Andhra Pradesh. 6. Mr. Badagala Eswararao, S/o Krishnarao Occ student. Aged 41 years. Main Road, Gara, Srikakulam, Andhra Pradesh. 7. Kum. Sreelakshmidevi Seepana, C/o Seepana, Aged 38 years, Occ Student Ibrahimbad, Fareedpeta, Srikakulam District Andhra Pradesh. 8. Mr. V. Nagendra Rao, S/o Jagannadharao, Aged 51 years, Occ Student Rajam, Srikakulam, Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Higher Education Department, Tulfuru, Secretariat Buildings Velagapudi, Guntur District. 2. Sri Venkateswara University, Rep by its Registrar Directorate of distance Education Tirupathi, Andhra Pradesh - 517502. 3. Sri Venkateswara University; Rep by its Director Directorate of distance Education Tirupathi, Andhra Pradesh - 517502. 4. Sri Venkateswara University, Rep by its Controller of Examination Directorate of distance Education Tirupathi, Andhra Pradesh - 517502 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly, the 3rd Respondent in issuing the impugned Circular dated 15.03.2025 vide Roc. No. SVU/CDOE/Exam/2 025 whereby and whereunder, the schedule for conduct of final examination of undergraduate and post-graduate Courses for the students belonging to Open Schools has been announced and further notifying that the examinations are sought to be conducted within the territorial jurisdiction of the University instead of the respective Study Centers to the detrimenf of the students and in utter disregard to the orders of the Hon’ble High Court frr W.P. No.5045 of 2025 as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and against the principles of natural Justice besides being frustrating the very scheme of the Distance Education and consequently set aside the impugned circular Dated 15-03-2025 lA NO: 1 OF 2025 Petition under Section ISfCJPC praying that in the circumstances stated in the affidavit filed in suppoit of the petition, the High Court may be pleased may be pleased to dirict the 2nd Respondent University to conduct the final examinations from 02f.04.2025 for undergraduate and post graduates through distant mode at the respective Study Centre’s as per the hall tickets issued on previous occasion, pending Writ Petition, in the interest of justice ^ Counsel for the Petitioners: SRI SRI VIJAY MATHUKUMILLI Counsel for the Respondent No.f: GP FOR HIGHER EDUCATION Counsel for the Respondents No.2 to 4: SRI B VIJAY BHASKAR, STANDING COUNSEL The Court made the following: Order •V 1 APHC010135802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6875/2025 Between: 1.MR. BALAGA RAVI KUMAR, C/0 BALAGA BHASKARA RAO OCC STUDENT, R/0 AGED 44 YEARS, 3RD FLOOR SWETHA NILAYAM, CHANIKYA NAGAR, NEAR RAMALAYAM PENDURTHI, SUJATHA NAGAR, VISAKHAPATNAM, ANDHRA PRADESH. 2.KUM. SAMUDRALA SHOBHARANI, C/0 KISHORE KUMAR OCC STUDENT, AGED 30 YEARS, R/0 SRINIVASA NAGAR, PRODDATUR, CUDDAPAH, ANDHRA PRADESH - 516360. 3.MR. PANAPANA SAIKRISHNA, S/0 PANAPANA TARAKESU OCC STUDENT, AGED 24 YEARS, R/0 PEDDA VEDDI, KAVITI, KOJJIRILA, SRIKAKULAM, ANDHRA PRADESH. OCC 4.MR. MOKA LEELA KRISHNA, S/0 SATYANARAYANA, STUDENT, AGED 33 YEARS, SAI BABA TEMPLE, SRIKAKULAM, ANDHRA PRADESH. 5. MR. MUPPANA RAVIKUMAR, S/0 SIVAKUMAR OCC STUDENT, AGED 25 YEARS, KOTTA VEEDHI, REKHADEVIPURAM, KANCHILIMANDALAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 6. MR. BADAGALA ESWARARAO, S/0 KRISHNARAO OCC STUDENT. AGED 41 YEARS. MAIN ROAD, GARA, SRIKAKULAM, ANDHRA PRADESH. 7.KUM. SREELAKSHMIDEVI SEEPANA, C/0 SEEPANA, AGED 38 YEARS, OCC STUDENT IBRAHIMBAD, FAREEDPETA, SRIKAKULAM DISTRICT ANDHRA PRADESH. 8.MR. V. NAGENDRA RAO, S/0 JAGANNADHARAO, AGED 51 YEARS, 2 OCC STUDENT RAJAM, SRIKAKULAM, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT. 2.SRI VENKATESWARA UNIVERSITY, REP BY ITS REGISTRAR DIRECTORATE OF DISTANCE EDUCATION TIRUPATHI, ANDHRA PRADESH-517502. 3. SRI VENKATESWARA UNIVERSITY, REP BY ITS DIRECTOR DIRECTORATE OF DISTANCE EDUCATION TIRUPATHI, ANDHRA PRADESH-517502. 4. SRI VENKATESWARA UNIVERSITY, REP BY ITS CONTROLLER OF EXAMINATION DIRECTORATE OF DISTANCE EDUCATION TIRUPATHI, ANDHRA PRADESH - 517502 ...RESPONDENT(S): Counsel for the Petitioner(S): 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION The Court made the following: ORAL ORDER: Heard Sri Mathukumilli Srivijay, learned Counsel for the Writ Petitioners and Sri Butta Vijaya Bhasker, learned Standing Counsel for Sri Venkateswara University appearing for the Respondent Nos.2 to 4. 2. The present Writ Petition is filed seeking the following prayer: “It is prayed that this Hon’ble Court may be pleasedto issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly, the 3'^'^Respondent in issuing the impugned Circular dated 13.03.2025 SVU/CDOE/Exam/2025 whereby apcT whereunder. vide Roc No 3 the schedule for conduct of final examination of undergraduate and postgraduate Courses for the students belonging to Open Schools has been announced and further notifying that the examinations are sought to be conducted within the territorial jurisdiction of the University instead of the respective Study Centres to the detriment of the students and in utter disregard to the orders of the Hon’ble High Court in W.P.No.5045 of 2025 as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and against the principles of natural Justice besides being frustrating the very scheme of the Distance Education and consequently set aside the impugned circular Dated 13-03-2025 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case." Sri Butta Vijay Bhasker, learned Standing Counsel for the Sri Venkateswara University has submitted the Written Instructions furnished by the Registrar of S.V. University, Tirupati. Copy of it is supplied to the Counsel for the Writ Petitioners as well and the same is taken on record, penultimate paragraph of the Written Instruction is usefully extracted hereunder: 3. The “In view of the fresh petition filed challenging the orders of the University Circular dated 13-3-2025, the University took the legal advice from the Standing Counsel of SVU. As per the legal advice the University is withdrawn the Circular and submit that the University will conduct the CDOE Examinations for UG & PG from 2-4-2025 as per the UGC Regulations 2020 in Government Institutions in Andhra Pradesh nearby centers already notified earlier by the University.” \ The above Written Instructions would indicate that the Respondent University has withdrawn the Circular dated 13.03.2025 bearing Roc.No.SVU/CDOE/Exam/2025 (Ex.P.1), which is impugned herein and that the examinations will be conducted for UG & PG from 02.04.2025, as per the UGC Regulations, 2020 in the Government Institutions in Andhra Pradesh in the nearby centres which are already notified earlier by the University. 4. Sri Butta Vijay Venkateswara University by the University to because of Bhasker. learned would submit that the conduct the Standing Counsel for the Sri ' examin ,■ -p,a.,s ^ =ivea by the University with happened during the several malpractices which have regard to earlier examinations. 6. Having taken by Sri But, tv Dy Sri Butta Vijay Bhasker, University, this Court deems i the admission and the submissions made learned Standing Counsel H appropriate to dispose for Sri Venkatesw of this Writ Petition ara stage, without aoi University to conduct the , at 9oing into the merit CDOE Examination directing the Respondent s for UG & PG from 02.04 2025 Government Institutions in the entire as per the UGC Regulations State of Andhra Pradesh notified by the University. 2020, in the ‘ which are close-by centres to the earlier that were 7. With these disposed of. No order observations as to costs, interlocutory Applications, i and directions this Writ Petition stands 8. >f any, stand closed iin terms of this order. AS^STANT registrar SECTION OFFICER //TRUE COPY// To. J 1- The Principal Secretary Department, Tulluru,, The Registrar , ^ University, Tirupathi, Andhm°Pra‘d'lsh"“l75oz '/®"Kateswara Unfve?Jfy^T,';up“ath?SL°PrS Venkateswara 4. The Controller of Examination, Directorate of Distance Education Sri Venkateswara University, Tirupathi, Andhra Pradesh - 517502 5. One CC to SRI SRI VIJAY MATHUKUMILLI Advocate [OPUC] 6. One CC to SRI B VIJAYA BHASKAR, Standing Counsel for Venkateswara University HIGHER EDUCATION, High Court of Andhra Pradesh [OUT] 8. Three CD Copies gsg HIGH COURT DATED: 18/03/2025 ORDER ^Tof anos^ WP.No.6875 of 2025 ’S> 11 MAR 2025 (3: ^ Current Section DISPOSING THE WP WITHOUT COSTS