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2025 DAILYLAW 17960 (AP)

AV MALLIKARJUNA REDDY v. THE STATE OF ANDHRA PRADESH

WP/13645/2025 · 2025-06-15

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON;BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13645 OF 2025 Between: 1. AV Mallikarjuna Reddy, S/o. Venkat Reddy, aged 44 years, R/o. D.No.4-861, New Colony,,Yerraguntia, Kadapa, Andhra Pradesh. 2. Vannela Adi Narayana, ;S/oV Vannela Thimmaiah, aged 62 years, R/o.42/336-13-1, Bhagya Nagar Colony, Chinna Chowk, Kadapa, Andhra Pradesh. ...PETITIONERS AND 1. The State of Andhra Pradeshpr^presented by its Principal Secretary, Department of Higher Education, Secretariat, Velagapudi, Amaravati Guntur District. 2. The Registrar, The Rayalaseema University, Administrative Office, Q3F6 plus 362, Nandyala Road Pasupula, Kurnool District-518007. 3. The Vice Chancellor, The Rayalaseema University, Administrative Office, Q3F6 plus 362, Nandyala Road Pasupula, Kurnool District- 518007 ...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 a Writ, Order,pr Direction more particularly one in nature of Writ of Mandamus declaring the action of the 2 respondents in not permitting the petitioners to complete the Doctorate in Philosophy (Ph.D) Course purportedly on the grounds of non-payment of extension fee and Non completion of course in time as wholly illegal, arbitrary, unjust, contrary to Prih'ciples of Natural Justice besides being violative of Article 14 and 21 of Constitution of India and consequently rd nd and 3 direct the respondents to permit the petitioners to complete the Ph.D. Course by condoning the delay for payment of the extension fee and to conduct DCM-I and further stages of the course by providing one time opportunity to complete his Course. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2"*^ and 3'^^ respondents to permit the petitioners to complete the Ph.D. Course by condoning the delay for payment of the extension fee and to conduct DCM-I and further stages of the course by providing one time opportunity to complete his Course. Counsel for the Petitioners : M/s. CKR ASSOCIATES Counsel for the Respondent No.1 : GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.2 & 3 : Mrs. NIMMAGADDA VIJAYA SHANTI, SC FOR RAYALASEEMA UNIVERSITY The Court made the following: ORDER 1 APHC010248312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13645/2025 Between: 1.AV MALLIKARJUNA REDDY, S/0 VENKAT REDDY, AGED 44 YEARS, R/0. D.NO.4-861, NEW COLONY, YERRAGUNTIA, KADAPA, ANDHRA PRADESH. 2.VANNELA ADI NARAYANA,, S/0. VANNELA THIMMAIAH, AGED 62 YEARS, R/0.42/336-13-1, BHAGYA NAGAR COLONY, CHINNA CHOWK, KADAPA, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE REGISTRAR, THE RAYALASEEMA UNIVERSITY, ADMINISTRATIVE OFFICE, Q3F6 PLUS 362, NANDYALA ROAD PASUPULA, KURNOOL DISTRICT-518007. 3. THE VICE CHANCELLOR, THE RAYALASEEMA UNIVERSITY, ADMINISTRATIVE OFFICE, Q3F6 PLUS 362, NANDYALA ROAD PASUPULA, KURNOOL DISTRICT-518007 ...RESPONDENT(S): Counsel for the Petitioner(S): 1.CKR ASSOCIATES Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION 2 The Court made the following; ORAL ORDER; Heard Sri T.S.B.V. Rama Reddy, learned Counsel representing M/s. CKR Associates, Smt. P. Lakshmi, learned Assistant Government Pleader for \ Higher Education and Smt. N. Vijaya Santhi, Learned Standing Counsel Rayalaseema University. for 2. The present Writ Petition is filed seeking following relief; ...to issue a Writ, Order or Direction particularly one In nature of Writ of Mandamus declaring the action of the 2'''^and 3'^ Respondents in not permitting the Petitioners to complete the Doctorate in Philosophy (Ph.D) Course purportedly on the grounds ■ of non payment of extension fee and non completion of course in time as wholly illegal, arbitrary, unjust, contrary to principles of Natural Justice besides being violative of Article 14 and 21 of Constitution of India and conseguently direct the Respondents to permit the Petitioners to complete the Ph.D Course by condoning the delay for payment of the extension fee and to conduct DCM-I and further stages of the course by providing one time opportunity to complete his Course and pass... ’’ more 3. Learned Counsel for the Writ Petitioners has placed reliance on the Order passed by the learned Single Judge of this Court in W.P.No.13688 of 2024 dated 12.08.2024. On verification of the Order passed by the learned Single judge in W.P.No.13688 of 2024 dated 12.08.2024, it appears that the learned Single Judge has placed reliance on an earlier Order passed by this Court in W.P.No.28977 of 2023 dated 04.04.2024. 3 In this view of the matter, this Court is of the view that it would be useful to refer to the Order passed by the learned Single Judge in W.P.No.28977 of 2023, since this Order, which has been referred to in the subsequent Writ Petitions, has been relied on for granting relief in the subsequent Writ Petitions. 5. Hence, this Court deems it appropriate to extract the relevant portion of Single Judge’s Order in W.P.No.28977 of 2023 dated 04.04.2024: 4. the learned "11. It is also evident from the material available record that basing on the resolutions of the committees ■ and approvals of the Committee, the University is continuing the research program and is confined to the resolutions of the EC and the EC has instructed the University to close the research program after completing the pending formalities for the research scholars whose research admissions were in live before 30.04.2024. The only ground on which petitioners’ case was rejected is that they have not paid the fees as they are not aware in view of the fact that the last date for payment of fees was uploaded only in the website. 12. In view of the fact that the respondent University has passed a resolution and thereafter issued various circulars for closure of the Ph.D. program before 30.04.2024, instead of going into merits of the case, this Court feels it appropriate to dispose of the present writ petition by directing the respondents to consider the case of the petitioners by receiving the payment of the research fee duly condoning the delay as a one time opportunity to the petitioners, within a period of ten (10) days from the date of receipt of a copy of this order and thereafte,r the petitioners may be allowed to complete their Ph.D. program in accordance with law.” on various Executive \ 6. Having regard to these facts, there shall be a direction to the Official Respondents to allow the Writ Petitioners to deposit the required fee within a period of ten (10) days in terms of the Order passed by this Court dated 04.04.2024 in W.P.No.28977 of 2023. Respondents shall adhere to the directions Judge in W.P.No.28977 of 2023 dated 04.04.2024. It is needless to state that the Official passed by the learned Single 7. This Court has already directed the Respondent six (6) months time to the Ph.D scholars to enable them Accordingly, the Respondent University Petitioners to submit their Ph.D thesis within University to grant to submit Ph.D thesis, shall permit the present Writ a period of six (6) months from the date of uploading of this Order on the website of this Court. 8. With these observations and directions allowed. No order as to costs. the Writ Petition stands Miscellaneous petitions, if any, shall stand closed. Interim orders granted earlier, if any. shall stand vacated. assistant f^^trar SECT/OI^FFICER //TRUECOPY// To, / 4- One CC to M/s. I 5. j^o^CCsfoGPfor -518007. -Administrative Kurnool District- CKR Associates, Advocate fOPUCJ Higher Education, High Courf of Andhra Pradesh Univ'e?Sy° Shanti, SC for Three C.D. Copies. Rayalaseema Cnr HIGH COURT DATED: 16/06/2025 ORDER WP.No.13645 of 2025 ALLOWING THE W.P. WITHOUT COSTS