Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 28134 (AP)

Mohammed Abdul Gaffor Ali v. The State of Andhra Pradesh,

WP/20551/2025 · 2025-08-10

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ ’"APHCOI0398982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) rr MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20551 OF 2025 Between: Mohammed Abdul Gaffor AN, C/o. Mohammed Khursheed AN, Aged about 54 R/o. D.No. 10-3-16/14, Flat No 301, Humayan Nagar, Asifnagar, Hyderabad, Telangana State-500028 years ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Velagapudi, ,Amaravati, Guntur District. 2. The Registrar, The Rayalaseema University, Q3F6 + 362 Nandyala Road, Pasupula, Kurnool District-518007. 3. The Vice-Chancellor, The Rayalaseema University, Administrative Office. Q3F6 + 362, Nandyala Road, Pasupula, Kurnool District- 518007. Administrative Office, ...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 or Direction more particularly one in nature of Writ of Mandamus, declaring the action of the 2nd and 3rd not permitting the petitioner to complete the Doctorate in Philosophy (Ph.D) respondents in Course purportedly on the grounds of non-payment of course fee/extension fee and/or non submission of DCMS/Thesis 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 consequently direct the respondents to permit the petitioner to complete the Ph.D. Course condoning the delay for payment fee and by providing one time opportunity to complete his respective Course. by lA 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 direct the 2nd and 3rd respondents to permit the petitioner to complete Ph.D. Course by condoning the delay for payment fee for by providing time opportunity to complete his respective Course forthwith pending disposal of the above writ petition. to the one Counsel for the Petitioner: M/S. MAHESWARI ARIKA Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent Nos. 2 & 3: SMT. NIMMAGADDA VIJAYA SANTHI The Court made the following order: t APHC010398982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20551/2025 Between: 1.MOHAMMED ABDUL GAFFOR ALL C/0. MOHAMMED KHURSHEED AN, AGED ABOUT 54 YEARS, R/O. D.NO. 10-3- 16/14, FLAT NO 301, HUMAYAN NAGAR, ASIFNAGAR, HYDERABAD, TELANGANA STATE-500028 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. 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 VICECHANCELLOR, THE RAYALASEEMA UNIVERSITY, ADMINISTRATIVE OFFICE, Q3F6 PLUS 362, NANDYALA ROAD, PASUPULA„KURNOOL DISTRICT-518007. ...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 topleased to issue a Writ, Order or Direction more particularly one in nature of Writ of Mandamus, declaring the action of the 2 2nd and 3rd respondents in not permitting the petitioner to complete the Doctorate in Philosophy (Ph.D) Course purportedly on the grounds of non-payment of course fee/extension fee and/or non submission of DCMS/Thesis 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 consequently direct the respondents to permit the petitioner to complete the Ph.D. Course by condoning the delay for payment fee and by providing one time opportunity to complete his respective 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 petition, the High Court may be pleased pleased to direct the 2nd and 3rd respondents to permit the petitioner to complete the Ph.D. Course by condoning the delay for payment fee for by providing one time opportunity to complete his respective Course forthwith pending disposal of the above writ petition Counsel for the Petitioner: 1.MAHESWARI ARIKA Counsel for the Respondent{S): 1 .GP FOR HIGHER EDUCATION 2.NIMMAGADDA VIJAYA SANTHl The Court made the following: 3 i9 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20551 of 2025 ORDER: Heard Sri Shaik Meeravalli, learned Counsel for the Petitioner, Ms.P.Lakshmi, learned Assistant Government Pleader for Education and Smt. Nimmagadda Vijaya Shanti, learned Standing Counsel for Respondent Nos.2 and 3. The present Writ Petition is filed seeking following relief; 2. “...pleased to issue a Writ, Order or Direction more particularly one in nature of Writ of Mandamus, declaring the action of the 2'^’^ and 3^^ Respondents in not permitting the petitioner to complete the Doctorate in Philosophy (Ph.D) Course purportedly on the grounds of non-payment of course fee/extension fee and/or non DCMS/Thesis in time as wholly illegal, arbitrary, unjust, contrary to Principles of Natural Justice besides being violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to permit the petitioner to complete the Ph.D. Course by condoning the deley for payment fee and by providing one time opportunity to complete his respective Course and to pass..." submission of Learned Counsel for the Petitioner has placed reliance on the 3. Order passed by a learned Single Judge of this Court in W.P.No.13688 of 2024 dated 12.08.2024. On a perusal 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. 4 4. 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 the learned Single Judge’s Order in W.P.No.28977 of 2023 dated 04.04.2024; “11. It is also evident from the material available on record that basing on the resolutions of the various committees and approvals of the Executive 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 v\/hose 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 thereafter, the petitioners may be allowed to complete their Ph.D. program In accordance with law.” 5 S' Having regard to these facts, there shall be a direction to the 6. Official Respondents to allow the Writ Petitioner 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. It is needless to state that the Official Respondents shall adhere to the directions passed by the learned Single Judge in W.P.No.28977 of 2023 dated 04,04.2024. The Respondent University shall permit the present Writ Petitioner 7. to submit his Ph.D thesis within a period of six (6) months from today i.e., on or before 28.02.2026. With these observations and directions, the Writ Petition stands 8. allowed. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this 9. order. SD/- SHAIK MOHD. RAFI ASSISTANT R ^^S^AR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Higher Education Velagapudi, ,Amaravati, Guntur District. , Secretariat, 2. The Registrar, The Rayalaseema University, Q3F6 + 362 Nandyala Road, Pasupula, Kurnool District-518007. 3. The Vice-Chancellor, The Rayalaseema University, Office, Q3F6 Administrative Office, Administrative District- + 362, Nandyala Road, Pasupula,,Kurnool 518007. 4. One CC to M/s. Maheswari Arika Advocate [OPUC] 5. Two CCS to GP for Higher Education High Court of Andhra [OUT] 6. One CC to Smt. Nimmagadda Vijaya Santhi Advocate 7. Two CD Copies Pradesh [OPUC] TF TV''"’ HIGH COURT DATED:11/08/2025 ORDER WP NO. 20551 OF 2025 ANO^S? ^ 10 SEP 2025 J%] S- iCS ALLOWING THE W.P., WITHOUT COSTS