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2025 DAILYLAW 32733 (AP)

MAHARAJAHS COLLEGE OF PHARMACY v. THE STATE OF ANDHRA PRADESH

WP/24639/2025 · 2025-09-11

K Sreenivasa Reddy

body2025

Judgment text

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APHC010484682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 24639 OF 2025 / Between Maharajahs College of Pharmacy Rep by its Correspondent Sri. K. Venkatalakshmipathi Raju Baugh, Vizianagaram, Vizianagaram District, Andhra Pradesh. 1. NRK & KSR Gupta College of Pharmacy Rep by its Principal Sri Mokkarala Durga Rao Burripalem Road, Tenali Gnnti ir District. Sri Vasavi Institute of Pharmaceutical Sciences Rep by its Correspondent Sri. Ch. Veera Venkata Subbarao Tadepalli, West Godavari Districj -AndtTra"Pradesfv'534dT)T7 Emmanuel College of Pharmacy Rep by its Principal Sri. Rajananda Swamy Singannabanda, Bheemilipatnam Mandal Visakhapatnam, Visakhapatnam District Andhra Pradesh. Kakinada Institute of Technological Sciences Rep by its Correspondent Sri. Meka Vamsi Pavan Kumar Yanamala Road, Main Road, Ambikapalli, Ramachandrapuram, East Godavari District Andhra Pradesh. 2. 3. 4. 5. ) Pydah College of Pharmacy Rep by its Correspondent Sri. Pydah Satya Sriram Yanam Road, Patavala, Kakinada, Kakinada District, Andhra Pradesh Raos College of Pharmacy 6. 7. ]2 Rep by its Correspondent Smt. Yeturu Krishnaveni Verannakanpur, Venkatachalam Nellore District, Andhra Pradesh. Viswanadha Institute of Pharmaceutical Science Rep by its Correspondent Smt. P. Uma Devi Mindhvanipalem village, Sontyam Anandhapuram Mandal Visakhapatnam District, Andhra Pradesh. Rajiv Gandhi College of Pharmacy Rep by its Correspondent Sri. Geddam Vaibbh Sri Raj Luthergiri Campus, Rajahmundry, East Godavari District, Andhra Pradesh. Srinivasarao College of Pharmacy Rep by its Correspondent Sri. Sunkari Venkata Had Rajendra PM Palem, Behind Visakhapatnam Mandal Visakhapatnam District, Andhra Pradesh. Sri Venkateswara College of Pharmacy Rep by its Correspondent Sri. Budumuru Srirama Murthy Etcherla, Srikakulam Mandal Srikakulam District, Andhra Pradesh KITS College of Pharmacy for Women Rep by its Correspondent Sri. B. Srinivasa Rao Divili, Peddapuram Mandal East Godavari District, Andhra Pradesh. 8. 9. 10. 11. 12. ...Petitioners And 1) The State of Andhra Pradesh Rep by its Special Chief Secretary, Department of Higher Education Secretariat, Tullur, Velagapudi, Guntur District, Andhra Pradesh. 2) The Andhra Pradesh State Council for I 13 Higher Education Rep by its Secretary Neeladri Towers, 6th Battalian Road Mangalagiri, Andhra Pradesh 522503. 3) The Convenor APEAPCET-2025 Admissions, D.No;11-307, Garudadri KK towers Flat.no:501, floor, Lakshmi Narasimha Colony Bypass Road, Near Dr. YSR Aarogyasri healthcare trust Mangalagiri, Guntur District-522 503. 4) Jawaharlal Nehru Technological University, Rep by its Registrar Gurajada, Vizianagaram District, Andhra Pradesh. 5) Jawaharlal Nehru Technilogical University Rep by its Registrar Ananthapur, Ananthapur District, Andhra Pradesh. 6) Jawaharlal Nehru Technological University Rep by it.s Registrar Kakinada, Kakinada District, Andhra Pradesh. 7) Andhra University, Rep by its Registrar Andhra University South Campus, Visakhapatnam, Andhra Pradesh -530003 8) Acharya Nagarjuna University Rep by its Registrar NH16, Nagarjuna Nagar Guntur, Andhra Pradesh 522510 Pharmacy Council of India Rep by its Registrar cum Secretary 3'"^ Floor, Tower-1 World Trade Centre, Nauroji Nagar New Delhi - 110029. The Director of Technical Education Represented by its Secretary Garudadri KK Towers, Lakshmi Narasimha Colony, 9) 1 10) (E) Near NTR Vaidya Seva Trust, Mangalagiri, Guntur District, Andhra Pradesh. The State Board of Technical Education Andhra Pradesh Rep by its Secretary - Admissions -2025 #11-307. Garudadri KK Towers Sn Lakshmi Narasimha Colony, Service Road Mangalagiri, Guntur, Andhra Pradesh 1 1 ) and Training 522503 ... Respondents Petition under Article 226 circumstances stated pleased to issue an appropriate writ declaring the action of the 3 of the Constitution of India praying that in the in the affidavit filed therewith, the High Court may be in the nature of Writ of Mandamus Respondent, Convenor in more rd proceeding with AP- commencing this week, without including arbitrary and violative of Articles EAPCET 2025 admissions the Petitioner institutions, schedule as illegal, 19(1 )(g) and 21 of the Constitution Respondents 14 of India and consequently direct the to postpone the Petitioner institutions in the Hon’ble Supreme Court admissions schedule and to include the counselling list, in terms of the orders of the and the categorical directions of the PCI permitting or direction as deemed approvals till fit and | Respondent, PCI academic year 2025-26. 30.09.2025 and pass such other order proper in the interests of justice and consequently direct the 9‘^ the Petitioner institutions for the to grant approval to lA_Np: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances the High Court may be 11 to postpone the stated in the affidavit filed i pleased to direct - in support of the writ petition, the Respondent No. 1 to 8, 10 & proposed r Courses for the 3'''' Respondent, Petitioner-Institution’ counselling for APEAPCET-2025 admissions into Pharmacy per the notifications issued by the grant of digital affiliation/approval to the S by the Pharmacy Council of India is duly completed. academic year 2025-26 as until the process of Counsel for the Petitioners: SRI VIJAY MATHUKUMILLI Counsel for the Respondent Nos.1, 10 & 11 : GP FOR EDUCATION Nos.2 & 3 ; Ms. K. RADHIKA L_ counsel for the Respondent Nos.4 « 6 : No.5 : SRI dTrS^ SC FOR JNTU ANANTHAPURAMU Counsel for the Respondent LEARNED Counsel for the Respondent ^ Counsel for the Respondent No.7 : SRI CH. GANGA KUMAR, LEARNED STANDING^COUNSEL Counsel for the Respondent No.8 : SRI M. CHALAPATI, LEARNED STANDING COUNSEL Counsel for the Respondent No.9 : SRI B. SRINIVAS RAO, LEARNED STANDING COUNSEL The Court at the stage of admission made the following order: ’W*v APHC010484682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0>t;s FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24639 OF 2025 Between: 1. MAHARAJAHS COLLEGE OF PHARMACY, Rep by its Correspondent Sri. K. Venkatalakshmipathi Raju Vizianagaram, Vizianagaram District, Andhra Pradesh. 2 2. . NRK KSR Gupta College of Pharmacy, Rep by its Principal 3. Vasavi Institute of Pharmaceutical Sciences, Rep by Correspondent Sri. Ch. Veera Venkata Subbarao West Godavari District Andhra Pradesh- 534101. 4. Emmanuel College of Pharmacy, Rep by its Principal Sri. Rajananda Swamy Singannabanda, Bheemilipatnam Mandal Visakhapatnam, Visakhapatnam District Andhra Pradesh. 5. Kakinada Institute of Technological Sciences, Rep by i._ Correspondent Sri. Meka Vamsi Pavan Kumar Yanamala Road, Main Road, Ambikapalli, Ramachandrapuram, East Godavari District Andhra Pradesh. 6. Pydah College of Pharmacy, Rep by its Correspondent Pydah Satya Sriram Kakinada District, Andhra Pradesh Baugh its Tadepaiii its Sri. Yanam Road, Patavala Kakinada, 7. Raos College of Pharmacy, Rep by its Correspondent Smt. Yeturu Krishnaveni Verannakanpur, Venkatachalam District, Andhra Pradesh. 8. Viswanadha Institute of Pharmaceutical Science, Rep by its Correspondent Smt. P. Uma Devi Mindhvanipalem village, Sontyam Anandhapuram Mandal Andhra Pradesh. Nellore Visakhapatnam District, SRK, J W.P.No.24639 of2025 7 9. Rajiv Gandhi College of Pharmacy, Rep by its Correspondent Sri. Geddam Vaibbh Sri Raj Luthergiri Campus, Rajahmundry, East Godavari District, Andhra Pradesh. . 10. Srinivasarao College of Pharmacy, Rep by its Correspondent Sri. Sunkari Venkata Hah Rajendra PM Palem, Behind Visakhapatnam Mandal Visakhapatnam District, Andhra Pradesh 11. Sri Venkateswara College of Pharmacy, Rep by its Correspondent Sri. Budumuru Srirama Murthy Etcherla, Srikakulam Mandal Srikakulam District, Andhra Pradesh 12. KITS College of Pharmacy for Women, Rep by its Correspondent Sri. B. Srinivasa Rao Divili, Peddapuram Mandal East Godavari District, Andhra Pradesh. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Special Chief Secretary, Department of Higher Education Secretariat, Tullur, Velagapudi, Guntur District, Andhra Pradesh. 2) 2. The Andhra Pradesh State Council for Higher Education, Rep by its Secretary Mangalagiri, Andhra Pradesh 522503. 3. The Convenor, APEAPCET-2025 Admissions, D.Noll-307, Garudadri KK towers Flat.no-99999999999999997501, 5TH floor, Lakshmi Narasimha Colony Bypass Road, Near Dr. YSR Aarogyasri healthcare trust Mangalagiri, Guntur District-522 503. 4. Jawaharlal Nehru Technological University, Rep by its Registrar Gurajada, Vizianagaram District, Andhra Pradesh. 5. Jawaharlal Nehru Technilogical University, Rep by its Registrar Ananthapur, Ananthapur District, Andhra Pradesh. 6. awaharlal Nehru Technological University, Rep by its Registrar Kakinada, Kakinada District, Andhra Pradesh. 7. Andhra University, Rep by its Registrar Andhra University South Campus, Visakhapatnam, Andhra Pradesh -530003 8. Acharya Nagarjuna University, Rep by its Registrar NH16, Nagarjuna Nagar Guntur, Andhra Pradesh 522510 9. Pharmacy Council of India, Rep by its Registrar cum Secretary 3RD Floor, Tower-1 World Trade Centre, Nauroji Nagar New Delhi-110029. 10. The Director of Technical Education, Represented by its Secretary Garudadri KK Towers, Lakshmi Narasimha Colony, Cfh ‘ OW' s-<. T T R Ci: t SRK, J W.P.No.24639 of 2025 Mangalagiri, Guntur District, Near NTR Vaidya Seva Trust, Andhra Pradesh. 11. The State Board of Technical Education and Training Andhra Pradesh, Rep by its Secretary - Admissions -2025 Garudadri KK Towers Sri Lakshmi Narasimha Colony, Service Road, Mangalagiri,Guntur, Andhra Pradesh- 522503 11-307 ...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 an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 3 Respondent, Convenor in proceeding with AP-EAPCET 2025 admissions schedule commencing this week, without including the Petitioner institutions, as illegal, arbitrary and violative of 14, 19(1 jtgj ana z l ot tne oonsiiiuiion oi inaia ana RD Articies consequently direct the Respondents to postpone the admissions schedule and to include the Petitioner institutions in the counselling list, in terms of the orders of the Honble Supreme and the categorical directions of the PCI permitting approvals till 30.09.2025 and pass such other order or direction proper in the interests of justice and consequently direct the 9’^ Respondent, PCI to grant approval to the Petitioner institutions for the academic year 2025-26. Court as deemed fit and Counsel for the Petitioners; SRI VIJAY MATHUKUMILLI Counsel for the Respondents 1,10 and 11: GP FOR EDUCATION Counsel for Respondents 2 and 3: Ms. K. Radhika, learned Standing Counsel. SRK, J W.P.No.24639 of 2025 4 ^ounsei for Respondents 4 and 6: otandlng Counsel. Counsel for Respondent No. Standing Counsel. Counsel for Respondent No. Standing Counsel. Counsel for Respondent No. Standing Counsel. Counsel for Respondent No. Standing Counsel. Sri S.V. Suraj, learned 5: Sri D. Krishna, learned 7: Sri Ch. Ganga Kumar, learned 8: Sri M. Chalapati, learned 9‘ Sri B. Srinivas Rao, learned SRK, J W.P.No.24639 of2025 The Court made the following ORDER; The present Writ Petition has been filed questioning the action of 3 rd respondent in admissions schedule 13.09.2025, without i proceeding with APEAPCET-2025 is likely to including the petitioners institutions, which commence from as illegal , consequently seeking a direction to the respondents to postpone the and arbitrary and admissions schedule and to include the petitioners institutions in the counselling list. 2. Heard learned counsel appearing on behalf of pet .oners mstitutions, learned Assistant Government Pleader for '3 er ducat,on and respective learned Standing Counsel respondent Nos.2 to 9. the appearing on behalf of 3. A perusal of the material on record I earlier this Court, in WP No. 18786 of 2025 and several other similar Writ therein to allow the goes to show that, dated 22.07.2025, Petitions, directed the respondents take part in the petitioners institutions to ongoing APEAPCET-2025 filling up the and APPGECET-2025 counselling for seats in Pharmacy course for the academic year 2025-26. 4. Learned counsel for the despite the orders included the petitioners institutions submits respondents have not in the list of colleges upon the order Apex Court in that of this Court, the petitioners institutions ensuing APEAPCET-2025 for counselling. He relied dated 08.09.2025 passed by the Hon’ble SRK, J W.P.No.24639 of 2025 6 Miscellaneous Application No.1593 of 2025 with Interlocutory Application No.214406 of 2025 in Civil Appeal No.9048 of 2012, which reads thus. “1. This Miscellaneous Application is allowed in terms of prayer clause (a), which reads as under;- a) Grant extension of the date for completion of approval processes up to 30.09.2025 (qua list of colleges mentioned and marked as annexure A-7) and for compliances/appeal till 10.10.2025 to the Applicant/ Pharmacy Council of India for the academic year 2025-2026.” Learned counsel also relied upon the order dated 09.09.2025, passed by the High Court of Judicature, at Madras in WP No.34468 of 2025 and WMP Nos.38624 and 38628 of 2025, 5. fniln WhlPh Ti “In view of the above, the fourth respondent is hereby directed to conduct counseling for B.Pharm degree course (4 years) alone for Government quota seats in self-financing colleges for the academic year 2025-2026 from 01.10.2025 as per the direction issued by the Hon’ble Supreme Court of India in MA No.711 of 2025 in CA No.9048 of 2012 dated It is made clear that the fourth 09.05.2025. respondent can conduct counseling for B.Pharm degree course (4 years) for Government quota seats in self-financing colleges for the academic year 2025-2026 from 01.10.2025 irrespective of approval of the petitioner college.” Keeping in view the said order passed by the High Court of Judicature, at Madras, the respondents herein have issued a notification dated 10.09.2025 stating that based on the orders 6. SRK, J w I .No.24639 of 2025 7 issued by the Hon'ble Madra s High Court in (WP No.34468 2025 and WP No.34474 of 2025 dated 09.09.20? No.34468 of 2025 and WMP Nos of ^5) and (WP .38624 and 38628 of 2025 dated 09.09.2025) the counseling for B.Pharm course (Government self financing colleges) will be conducted from 01.1 0.2025. It is further stated that the Quota seats in counseling for other Allied Health Care Degree Courses iincluding B.Sc., Nursing. BPT BOT other Allied Health Care Courses (for Government Colleges and seats in Self Financing Government Quota Colleges) and in Government Colleges will be scheduled from B.Pharm Course i 13.09.2025 to 18.09.2025. 7. In view of the aforesaid facts feels it appropriate to postpone counselling till 01.10.2025. and circumstances, this Court the proposed APE APCET-2025 8. With the above direction, the Writ Petition i the admission stage. There shall be As a sequel thereto, the miscellaneous applications if pending in this Writ Petition shall is (iisposed of at no order as to costs. any, stand closed. //TRUE COPY// Sd/-M. SRI NIVAS ASSISTANT REGISTRAR To, SECTION OFFICER 1 The Special Chief Secretary, Department Secretariat, Tullur, of Higher Education, State Velagapudi. Andhra Pradesh Andhra Pradesh. 2. The of Guntur District Secretary, Andhra Neeladri Towers, 6'^ 522503. Pradesh State Council Battalion Road foi Higher Education, Mangalagir , Andhra Pradesh 3. The Convene KK towers Road, Near Dr. YSR District-522 503. r, APEAPCET-2025 Admiss Flat.no.501, 5 D.Noll-307, Garudadri mi Narasimlia Colony Bypa ire trust Mangalagiri, Guntur ions, th floor, Laksh Aarogyasri healthca ss 4. The Registrar, Jawaharlal Nehru Technological University, Gurajada Vizianagaram District, Andhra Pradesh. 5. The Registrar, Jawaharlal Nehru Technilogical University Ananthapur District, Andhra Pradesh. 6. The Registrar, Jawaharlal Nehru Technological University Kakinada District, Andhra Pradesh. 7. The Registrar, Andhra University, Andhra University South Campus, Visakhapatnam, Andhra Pradesh -530003. 8. The Registrar Acharya Nagarjuna University, NH16, Nagarjuna Nagar Guntur, Andhra Pradesh 522510. 9. The Registrar cum Secretary, Pharmacy Council of India, 3'"^ Tower-1 World Trade Centre, Nauroji Nagar New Delhi-110029. 10. The Secretary, Director of Technical Education, Lakshmi Narasimha Colony, Near NTR Mangalagiri, Guntur District! Andhra Pradesh. H.Tlie Secreiary - Admissions -2025, State Board of lechnical Education and Jcaining. Andhra Pradesh, 11-307, Garudadri KK Towers Sri Lakshmi Narasimha Colony, Service Road, AndhrafT^VaQ^^h*- ‘522503. Ananthapur, Kakinada Floor, Garudadri KK Towers, Vaidya Seva Trust, Mangalagiri, Guntur, A 12.One CC to Sri Sri Vijay Mathukumilli, Advocate [OPUC] 13. Two CCs to GP for Education, High Court of Andhra Pradesh 14.One CC to Ms. K. Radhika, SC for APSCHE [OPUC] 16. One CC to Sri S.V. Suraj, SC for JNTU Kakinada [OUT] (OPUC) 17. One CC to Sri D. Krishna, SC for JNTU Ananthapuramu [OPUC] 18. One CC to Sri Ch. Ganga Kumar, SC for AU (OPUC) 19. One CC to Sri M. Chalapati, SC for ANU (OPUC) 20. One CC to Sri B. Srinivas Rdo, SC for Pharmacy Council (OPUC) of India 21.Two CD Copies Cnr ' ^ HIGH COURT DATED:12/09/2025 \ ORDER WP NO. 24639 OF 2025 AHO^ , .f M SEP 2925 Current Section ■ ■ #• DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS