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High Court of Andhra Pradesh · body

2025 DAILYLAW 3201 (AP)

D RANGANATH v. THE STATE OF ANDHRA PRADESH

WP/837/2025 · 2025-01-10

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 837 OF 2025 Between: 1. D Ranganath, S/o. D. Nageswara Rao, Aged about 47 years, R/o. HS Kottala, Kanala Post, Kurnool District. 2. Dodda Kshamitha, W/o. Gujjarlapudi Vijaya Ratnakar, Aged about 43 years, R/o. 28/953-C, Noonepalle, opt. Govt, hospital Nandyala, Kurnool District. ...PETITIONERS 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 Vice-Chancellor, The Rayalaseema University, Administrative Office, Q3F6 + 362, Nandyala Road, Pasupula, Kurnool District-518007. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in nature of Writ of Mandamus, declaring the action of the 2nd and 3rd one respondents in not permitting the petitioners 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 f 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 petitioners to complete the Ph.D. Course by condoning the delay for payment fee and by providing one time opportunity to complete their respective Courses. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 petitioners to complete the Ph.D. Course by condoning the delay for payment fee for by providing one time opportunity to complete their respective Courses pending disposal of the above writ petition. 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: M/S. RATNA PRABHA (SC FOR RAYALASEEMA UNIVERTITY) The Court made the following: ORDER APHC010013902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 837/2025 Between: D Ranganath and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.MAHESWARI ARIKA Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION NV,J W.P.No.837 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- to issue a Writ, Order or Direction more particularly 'nd Mandamus, declaring the action of the 2” & 3'^ respondents in not permitting the petitioners 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 petitioners to complete the Ph.D Course by condoning the delay for payment fee and by providing one time opportunity to complete their respective Courses and to pass such other order or orders as this Hon ble Court may deems fit just and proper in the circumstances of the case and pass such other order. Heard the learned counsel for the petitioners and learned Government Pleader for Higher Education appearing on behalf of respondent No.1 and learned Standing Counsel appearing on behalf of respondent Nos.2 and 3. one Learned counsel for petitioners submits that since the facts and circumstances of this Case are similar to that of W.P.No.25891 of 2024, he prays to pass similar order in this Writ Petition also. Learned Government Pleader for Higher Education appearing on behalf of respondent No.1 and learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 do not refute the submission made by the learned counsel for the petitioners. NV,J 3 W.P.No.837 of 2025 Relevant paragraph of the order passed in W.P.No. 27142 of 2024, is extracted hereunder; “Accordingly, the Writ Petition is disposed of, in terms of the order dated 04.04.2024 passed in Writ Petition No.28977 of 2023 and for the reasons recorded therein, however, the respondents are hereby directed to consider the case of the petitioner by the payment of the research fee duly receiving condoning the delay as a one time opportunity to the petitioner, within a period of three (3) months from the I date of receipt of a copy of this Order and thereafter, the petitioner may be allowed to complete her Ph.D. program in accordance with law. There shall be no order as to costs. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of in terms of the order dated 14.11.2024 passed in Writ Petition No.28977 of 2023 for the reasons therein, however, the respondents herein are hereby directed to consider the case of the petitioners herein by receiving the payment of the research fee duly condoning the delay as a one time opportunity to the petitioners, within a period of three (03) months 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. There shall be no order as to costs. NV,J 4 W.P.No.837 of 2025 Registry is directed to attach a copy of the order dated 14.11.2024 passed by this Court in W.P.No.25891 of 2024 to this order. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- U.SRI DEV! ASSISTANT REGISTRAR //TRUE COPY// ION OFFICER To, 1. The Principal Secretary, Department of Higher Education, Secretariat Velagapudi, Amaravati, Guntur District. 2- Th^e Registrar, The Rayalaseema University, Administrative Office, Q3F6 PLUS 362, Nandyala Road, Pasupula, Kurnool District-518007. Vice-Chancellor, The Rayalaseema University, Administrative Nandyala Road, Pasupula, Kurnool District- 518007. 4. One CC to M/s. Maheswari Arika Advocate [OPUC] 5. One CC to M/s. Ratna Prabha (Sc for Rayalaseema University) [OPUC] [OUT]"^^ Education, High Court of Andhra Pradesh. 7. Three CD Copies TF(Along with a copy of order dt. 14.11.2024 in WP No. 25891 of 2024) HIGH COURT DATED:10/01/2025 ORDER WP.No.837 of 2025 amos^ g 0 6 FEB 2025 o». ^ * Current Section DISPOSING OF THE W.P., WITHOUT COSTS rr APHC010497962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25891/2024 Between: ...PETITIONER S Sravani AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Couh^erfor the Petitioner; 1.MAHESWAR1 ARIKA Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION 2 The Court made the following order: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: to issue a Writ, Order or Direction more particularly in nature of Writ of Mandamus declaring the action 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 submission of DCMS/Thesis in time as wholly illegal, arbitrary, unjust, contrary to Principles of Natural Justice besides being violative of Article 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 her respective Course and to pass such other order orders .... Learned counsel appearing for the petitioner would submit that the relief sought for in the present Writ Petition and the relief in Writ Petition No.28977 of 2023 are one and the same and requested to pass same order, dated 04.04.2024, as was passed in the aforesaid Writ Petition. one of the 2 nd non 14 and 21 of or 2. Learned counsel appearing for the respondents has not disputed the same, for disposal of the Writ Petition and also agreed that the relief in the present Writ Petition is squarely covered by the order dated 04.04.2024 passed in W.P. No.28977 3. 3 of 2023, however, he requested three months time instead of ten days, as granted in the above Writ Petition. Accordingly, the Writ Petition is disposed of, in terms of the order dated 04.04.2024 passed in Writ Petition 28977 of 2023 and for the reasons recorded therein, however, the respondents are hereby directed to consider the case of the petitioner by receiving the payment of the research fee duly condoning the delay as a one time opportunity to the petitioner, within a period of three (3) months from the date of receipt of a copy of this Order and thereafter, the petitioner may be allowed to complete her Ph.D. program in accordance with law. 4. 5. As a sequel thereto, interlocutory applications, if pending in this Writ Petition shall stand closed. There shall be order as to costs. any no 6. Office is directed to enclose a copy of the order dated 04.04.2024 in W.P. No.28977 of 2023 to this order. JUSTICE TARLADA RAJASEKHAR RAO Date: 14.11.2024 KBN