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2025 DAILYLAW 40123 (AP)

Bethany College of Education, v. The State of Andhra Pradesh

WP/33134/2025 · 2025-12-09

K Sreenivasa Reddy

body2025

Judgment text

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APHC010641532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 33134/2025 Between: 1. BETHANY COLLEGE OF EDUCATION, REP BY ITS CORRESPONDENT SRI. GOLLAPALLI SURYA VARAPRASAD NH 5 ROAD, ETHAKOTA, RAVULAPALEM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION SECRETARIAT, TULLUR, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS SECRETARY,3RD 4TH AND 5TH FLOORS, ATMAKURU (VILL) MANGALAGIRI (MANDAL), GUNTUR DISTRICT. 3. ADIKAVI NANNAYA UNIVERSITY, REP BY ITS REGISTRAR RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT ANDHRA PRADESH. 4. THE CONVENER, A.P.ED.CET-2025 1ST FLOOR. DIRECTORATE OF ADMISSIONS BUILDING ACHARYA NAGARJUNA UNIVERSITY NAGARJUNA NAGAR - 522 510 GUNTUR DISTRICT, ANDHRA PRADESH 5. NATIONAL COUNCIL FOR TEACHERS EDUCATION, REP BY ITS REGIONAL DIRECTOR SOUTHERN REGIONAL COMMITTEE G-7, SECTOR 10, DWARAKA NEW DELHI- 110075. ...RESPONDENT(S): SRK, J W.P.No.33134 of 2025 2 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 tomay be pleased to issue a Writ of Mandamus declaring the inaction of 3rd Respondent in not granting affiliation to the Petitioner for the Academic Year 2025- 26, despite the revival of NOTE recognition pursuant to the judgment dated 27-10-2025 in W.P. No. 26846 of 2024, as illegal, arbitrary, unconstitutional and contrary to the NCTE Act and consequently direct the 2nd Respondent, APSCHE to ratify, approve and recognize all the admissions made by the Petitioner- institution for the Academic Year 2025-26, treating such admissions as validly made on the strength of the revived statutory recognition and pass such 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 may be pleased to direct the 3rd Respondent to grant affiliation to the Petitioner institution and further direct the Respondents 2 and 4 to enable the Petitioner to participate in Spot and Category-B admissions of APEDCET-2025 to the extent of the seats sanctioned by the Apex Body i.e. the 5* Respondent by restoring portal access and approving admissions pending final adjudication, and pass such Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GADDE KOTI NAGULU SC For Adikavi nannaya University 2. GP FOR HIGHER EDUCATION 3. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) The Court made the following: SRK, J W.P.No.33134 of 2025 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.33134 of 2025 ORDER: This Writ Petition has been filed seeking to declare the inaction of 3rd respondent in granting affiliation to the petitioner for the Academic Year 2025-26, despite the revival of NCTE recognition pursuant to the judgment dated 27.10.2025 in W.P.No.26846 of 2024 as illegal and arbitrary, consequently direct 2nd respondent to ratify, approve and recognize all the admissions made by the petitioner institution for the Academic Year 2025-26, treating such admissions as validly made on the strength of the revived statutory recognition. 2. Case of the petitioner is that petitioner is an institution imparting B.Ed. programme, duly established in East Godavari District and possessing statutory recognition granted by 5th respondent. The petitioner was granted initial recognition on 14.04.2007 and it was continued till 06.12.2015. 3rd respondent granted affiliation to petitioner institution on 14.03.2023 and pursuant to the same, petitioner institution admitted students for the Academic Year 2022-23, who thereafter continued to their second year for 2023-24. When the recognition was in SRK, J W.P.No.33134 of 2025 4 subsistence, 5th respondent issued a withdrawal order dated 05.09.2022 and because of the said reason the petitioner institution could not approach the University for renewal or continuation of affiliation for the succeeding academic sessions. Petitioner institution challenged the withdrawal order by filing W.P.No.26846 of 2024 and by order dated 27.10.2025, this Court set aside the withdrawal order. 3. Heard learned counsel for petitioner and learned counsel for respondents. 4. Learned counsel for petitioner submits that it is a well settled legal proposition that when an adverse administrative order is quashed, the status quo ante is restored and the original statutory order automatically revives without any separate restoration proceedings. 5. By virtue of the order passed by this Court dated 27.10.2025, set asiding the withdrawal order, it is deemed that the recognition of petitioner institution has been restored, status quo ante and original statutory order would revive automatically. When such is the legal position, 3rd respondent in not granting affiliation to the petitioner institution for the Academic Year 2025- 26 is illegal. Since learned counsel for 5th respondent has not SRK, J W.P.No.33134 of 2025 5 disputed with regard to legal position, this Court is of the view that the balance of convenience is in favour of petitioner. 6. In view of the aforesaid facts and circumstances, 3rd respondent is directed to conduct inspection and pass appropriate orders with regard to grant of affiliation, basing on the inspection conducted by them, within a period of four (4) weeks from the date of receipt of a copy of this order. 7. Accordingly the Writ Petition is disposed of. No order as to costs. 8. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date: 10.12.2025 sj SRK, J W.P.No.33134 of 2025 6 53 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.33134 of 2025 Date: 10.12.2025 sj