Jf * APHC010431222025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) THURSDAY.THE TWENTY EIGHTH DAY OF AUGUST o TWO THOUSAND AND TWENTY FIVE •r it PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22561 OF 2025 Between: Shaik Shakeer Basha, S/o GSV Ahammed, aged 46 years, R/o. 5-122 A, Mashak Street, Cumbum, Prakasham District, Andhra Pradesh. ...Petitioner 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, Q3F6 plus 362, Nandyala Road, Pasupula, Kurnool District-518007. 3. The Vice Chancellor, The Rayalaseema University, Office, Q3F6 plus 362, Nandyala Road, Pasupula, Kurnool District- 518007. Administrative Office Administrative ...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 respondents in not permitting the petitioner 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. Principles of Natural Justice besides being violative Constitution of India and contrary to of Article 14 and 21 of consequently direct the respondents to permit the petitioner to complete the Ph.D. Course by condoning the delay for payment of the extension fee and to conduct Pre PHD { % u Exam and further stages of the coursf by providing one time opportunity to complete his Course. J 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 to Direct the 2nd and 3rd respondents to permit the petitioner to complete the extension fee and to course by providing one time Ph.D. Course by condoning the delay for payment of the conduct Pre PHD Exam further stages of the opportunity to complete his Course. Counsel for the Petitioner: M/S CKR ASSOCIATES Counsel for the Respondent No.1: GP FOR HIGHER Respondent Nos.2 & 3: M/S NIMMAGADDA VIJAYA SHANTHI, SC FOR RAYALASEEMA UNIVERSITY The Court made the following order: EDUCATION > APHC010431222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22561 OF 2025 Between; 1. SHAIK SHAKEER BASHA, S/o GSV Ahammed, aged 46 years, R/o. 5-122 A, Mashak Street, Cumbum, Prakasham District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF AP, 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. ...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 respondents in not permitting the petitioner 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. SRK, J W,P.No.2256l of2025 2 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 of the extension fee and to conduct Pre PHD Exam and further stages of the course by providing complete his Course. time opportunity to one Counsel for the Petitioner: CKR ASSOCIATES Counsel for the Respondents: GP FOR HIGHER EDUCATION SRK., J W.P.No.22561 of 2025 The Court made the following ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Higher Education and Ms. N. Vijaya Santhi, learned Standing Counsel for Rayalaseema University. 2. The present Writ Petition is filed seeking following relief: “...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 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 consequently direct the Respondents to permit the Petitioner to complete the Ph.D Course by condoning the delay for payment of the extension fee and to conduct Pre PHD Exam and further stages of the course by providing one time opportunity to complete his Course and pass...” Learned counsel for the Writ Petitioner 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 4. SRK, J W.P.No.2256! of 2025 4 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 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 dose 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 thereafter, the petitioners may be allowed to complete their Ph.D. program in accordance with law.” Having regard to these facts, there shall be a direction to the 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 on 6. SRK, J W.P.No.22561 of 2025 5 to the directions passed by the learned Single Judge in W.P.No.28977 of 2023 dated 04.04.2024. This Court has already directed the Respondent University to grant six (6) months time to the Ph.D scholars to enable them to submit Ph.D thesis. Accordingly, the Respondent University shall permit the present Writ Petitioner to submit HIS Ph.D thesis within a period of six (6) months from the date of uploading of this Order on the website of this Court. 7. 8. With these observations and directions, the Writ Petition stands disposed of. No order as to costs. As a sequel thereto, the miscellaneous applications, if any pending in this Writ Petition shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR SECTjJ^OFFICER //TRUE COPY// To, 1. The 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. 4. OneCCto M/S CKR ASSOCIATES, Advocate [OPUC] 5. Two CCs to Pradesh [OUT] 6. One CC to M/S Nimmagadda Vijaya Shanthi, SC for Rayalaseema University [OPUC]. 7. Two CD Copies. GP For Higher Education, High Court of Andhra AL TL HIGH COURT DATED :28/08/2025 ORDER WP NO. 22561 OF 2025 ^ 0 9 SEP 2025 )gl >sCi!n«itS«cj2liXy DISPOSING OF THE W.P. WITHOUT COSTS