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2025 DAILYLAW 27848 (AP)

BAPANAPALLE TEJASWINI v. THE STATE OF ANDHRA PRADESH

WP/19948/2025 · 2025-09-07

K Sreenivasa Reddy

body2025

Judgment text

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APHC010395862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19948/2025 Between: 1. BAPANAPALLE TEJASWINI, S/O BAPANAPAJLE RAMESH, AGED ABOUT 17 YEARS, OCC. STUDENT, REP. BY NATURAL GUARDIAN, BAPANAPALLE RAMESH, S/O B. SREE RAMULU, AGED ABOUT 48 YEARS, OCC.PRIVATE EMPLOYEE, R/O H.NO.4-107-1, JALADURGAM VILLAGE, PEAPALLY MANDAL, NANDYAL DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TECHNICAL EDUCATION DEPARTMENT AND APSCHE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, KAKINADA, AP- 533 003, REP. BY ITS REGISTRAR. 3. THE CONVENER, APEAPCET2025 ADMISSIONS, D.NORL 1- 307, GARUDADRI K.K TOWERS FLAT.NO.501, FLOOR, LAKSHMI NARASIMHA COLONY BYPASS ROAD, NEAR DR.YSR AAROGYASRI HEALTHCARE TRUST, MANGALAGIRI, GUNTUR DISTRICT-522 503. ...RESPONDENT(S): 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 of mandamus or any appropriate writ, order or direction declaring the action of the Respondents In denying local candidature status to the petitioner for the purpose of admissions under the APEAPCET-2025 notification, pursuant to G.O,Ms.No.20, Higher Education (EC) Department, dated 12.05.2025 prescribing the candidate shall study or reside for a period of not less SRK, J W.P.No.19948 of 2025 2 than 4 consecutive academic years ending with academic year first appeared in the relevant qualifying examination is illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India and consequently declare the petitioner a local candidate for admission in the 85percent quota for the academic year 2025-2026 under aegis Jawaharlal Nehru Technological University, Kakinada and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to treat the petitioner as local candidate of AP for admission into B.E/B.Tech courses under competent authority in the 85% quota for the academic year 2025- 2026, pending disposal of the above writ petition and to pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate interim orders dated 31.07.2025, in W.P.No. 19948 of 2025 and pass Counsel for the Petitioner: 1. G SEKHAR REDDY Counsel for the Respondent(S): 1. CH.S.V.SURAJ SC For JNTU KAKINADA 2. GP FOR TECHNICAL EDUCATION The Court made the following: SRK, J W.P.No.19948 of 2025 3 O R D E R This Writ Petition has been filed, seeking to declare the action of respondents in denying local candidature status to the petitioner’s daughter for the purpose of admission in the APEAPCET- 2025 Notification, pursuant to G.O.Ms.No.20, Higher Education (EC) Department, dated 12.05.2025 prescribing that the candidate shall study or reside for a period of not less than four consecutive academic years ending with academic year in which, the candidate had appeared for the relevant qualifying examination, as illegal and arbitrary. 2. Contents of the affidavit filed by the Writ Petitioner, in support of the Writ Petition, are that petitioner is resident of Jaladurgam village, Peapally Mandal of Nandyal District; that the Residence Certificate, dated 05.07.2025 issued by the Tahsildar, Peapally Mandal in favour of petitioner’s daughter, confirms her local status; that the petitioner’s daughter studied Class I to X in Dhone, Nandyal District and pursued Intermediate (2023-2025) at Sri Chaitanya Junior Kalasala, Kondapur, Telangana State; that the petitioner’s daughter, with an intent to get admission into B.E./B.Tech course for the academic year 2025-26, appeared for APEAPCET-2025 examination and secured 4501 rank and became eligible for web counseling process. (b) The petitioner’s daughter, though, studied in Andhra Pradesh for the classes from I to X, she studied Intermediate in SRK, J W.P.No.19948 of 2025 4 Telangana State, as such, by virtue of G.O.Ms.No.20 Higher Education (EC) Department, dated 12.05.2025, she becomes ineligible to claim local status in Andhra Pradesh for the admission under 85% regional quota; that the said G.O., was issued after completion of 10 Year transitional period under the Andhra Pradesh Reorganization Act, 2014; that the decision, to study Intermediate in Telangana State, was made purely for better academic and hostel facilities, without any intention to change domicile; that the rigid enforcement of the said G.O., places the petitioner’s daughter at disadvantage by shifting her to 15% unreserved quota, where competition is significantly higher. Hence, the Writ Petition. 3. Hence, the Writ Petition. 3. Today, when the matter is taken up for hearing, learned Government Pleader for Higher Education representing respondent Nos.1 and 3 placed copy of Common Order, dated 13.08.2025 in Writ Petition No.19579 of 2025 and batch, wherein, in a similar case of this nature, a Division Bench of this Court dismissed the said Writ Petitions by relying on the observations and the ratio laid down by the Full Bench of the erstwhile High Court of Andhra Pradesh in Bathina Rajya Shilpa and etc. v. NTR University of Health Sciences, Vijayawada and Ors.1. 4. In view of the same and for the reasons recorded therein, the Writ Petition deserves to be dismissed. 1 (2002) 1 ALT 365 = AIR 2002 AP 115. SRK, J W.P.No.19948 of 2025 5 5. Accordingly, the Writ Petition is dismissed. Registry is directed to tag copy of the Common Order, dated 13.08.2025 passed by the Division Bench of this Court in Writ Petition No.19579 of 2025 and batch, along with the present order. There shall be no order as to costs. 6. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ______________ ___ JUSTICE K. SREENIVASA REDDY 8th September, 2025. DNB