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2025 DAILYLAW 32486 (AP)

M BABAFAKRUDDIN v. THE STATE OF ANDHRA PRADESH

WP/24863/2023 · 2025-08-12

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010479872023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24863/2023 Between: 1. M.BABAFAKRUDDIN, S/O M.KULAYAPPA, AGED .41 YRS., OCC .PH.D ,.( OFF CAMPUS ) RESEARCH SCHOLAR IN PHYSICS, REG.NO. 02809223006, DRAVIDIAN UNIVERSITY, R/O. 12-2-125,ASHOK NAGAR, ANANTAPUR, ANDHRA PRADESH. 2. K.P.VENKATESWARA RAO,, S/O K.P.SIVASANKARA RAO, AGED .49 YRS.,OCC. PH.D,.( OFF CAMPUS ) RESEARCH SCHOLAR IN PHYSICS, REG.NO. 02809223007, DRAVIDIAN UNIVERSITY, R/O. 10-513- 19,CHANDRA PRIYA RESIDENCY, ADIMURTY NAGAR,ANANTAPUR, ANDHRA PRADESH. 3. D.NAGESWARA RAO,, S/O D.NARAYANA, AGED .48 YRS., OCC .PH.D., ( OFF CAMPUS ) RESEARCH SCHOLAR IN PHYSICS, REG.NO. 02809223009, DRAVIDIAN UNIVERSITY, R/O. 6-5-650-19, SREENAGAR COLONY, NEAR SATYA SAI WATER TANK, ANANTAPUR, ANDHRA PRADESH. 4. G.SUDHAKAR BABU, S/O G.RAMAPPA, AGED.49 YRS., OCC.PH.D., (OFF CAMPUS) RESEARCH SCHOLAR IN PHYSICS, REG.NO. 02809223005, DRAVIDIAN UNIVERSITY, R/O. 7-170-6,NEAR MAREMMA TEMPLE, ADARSH NAGAR,ANANTAPUR, ANDHRA PRADESH. 5. ANUJA.S, . D/O P.SRINIVAS, AGED. 41 YRS., OCC.PH.D.,( OFF CAMPUS ) RESEARCH SCHOLAR IN ENGLISH, REG.NO. 02709210006 , DRAVIDIAN UNIVERSITY, R/O 16,PHASE-III,WOOD GREEN COUNTY, NANDAMBAKKAM,CHENNAI,TAMIL NADU. 6. BALENDER SINGH, , S/O PITAMBER SINGH, AGED 52 YEARS, OCC.PH.D., (OFF CAMPUS) RESEARCH SCHOLAR IN PHYSICAL EDUCATION, REG.NO. SRK, J WP No.24863 of 2023 2 01709216004, DRAVIDIAN UNIVERSITY, R/O VILLAGE GAJIWALA, POST NAKUR, SAHRANPUR DISTRICT, UTTAR PRADESH -247342 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS SECRETARY, HIGHER EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DRAVIDIAN UNIVERSITY, REP,BY ITS REGISTRAR, SRINIVASAVANAM, KUPPAM, CHITTOOR DISTRICT. ...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 an appropriate writ, order or direction more particularly a Writ in the nature of Writ of Mandamus declaring the impugned action of the 2nd respondent herein in not awarding the Ph. D., Degrees to the petitioners by conducting Viva Voce and other procedures of evaluation within six months in spite of completion of the research and study under the guide and submission of thesis long back without any justifiable reasons as illegal arbitrary void abinitio and violative of article 14,16 and 21 of The Constitution of India besides violation of University Grants Commission (Minimum Standards and Procedure for Awards of Ph.D. Degree) Regulations 2022, procedure of law and violative of principles of natural justice and consequently direct the 2nd respondent to award Ph.D., Degrees to thepetitioners within a period of six months or as may be specified by this Hon'ble Court by conducting Viva Voce and following the due procedures contemplated under the University Grants Commission ( Minimum Standards and Procedure for Awards of Ph.D. Degree ) Regulations 2022, and to pass IA NO: 1 OF 2023 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 respondent to forthwith process the thesis submitted by the petitioners for the purpose of evaluation by the subject experts SRK, J WP No.24863 of 2023 3 and immediately award the Ph.D., Degrees to the petitioners after conducting viva voce, pending disposal of the writ petition. 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 pleased to permit the petitioner to withdraw from the above W.P.No.24863 of 2023 against the petitioner i.e.,Petitioner No.6 in the main W.P. and be pleased to pass Counsel for the Petitioner(S): 1. B JAYAKAR Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. KOTESWARA RAO MUTHINENI (STANDING COUNSEL FOR DRAVIDIAN UNIVERSITY) The Court made the following: SRK, J WP No.24863 of 2023 4 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24863 of 2023 ORDER: Learned counsel for the petitioners seeks permission of this Court to withdraw the Writ Petition. 2. Permission is granted. 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date: 13.08.2025 sj SRK, J WP No.24863 of 2023 5 237 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.24863 of 2023 Date:13.08.2025 sj