::1:: Reserved on : 07.10.2025 Pronounced on : 20.11.2025 Uploaded on : 01.12.2025 APHC010449292023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23196/2023 Between: 1. JOSEPH SRIHARSHA AND MARY INDRAJA EDUCARTIONAL SOCIETY, PLOT NO.102, HIGH COURT COLONY, VANASTHALIPURAM, HYDERABAD, REPRESENTED BY ITS MANAGING DIRECTOR, DR. CH. BALANAGESWARA RAO 2. ST. MARY'S GROUP OF INSTITUTIONS GUNTUR FOR WOMEN,, CHEBROLU VILLAGE, CHEBROLU MANDAL, GUNTUR DISTRICT- 522212, REP. BY ITS MANAGING DIRECTOR, DR. CH. BALANAGESWARA RAO 3. DR. CH. BALANAGESWARA RAO,, S/O. CH. SANKARAIAH, AGED 59YEARS, OCC. MANAGING DIRECTOR H. NO . 41-1/13-55, GOWTHAMI NAGAR, KRISHNALANKA, VIJAYAWADA-520013 ...PETITIONER(S) AND ::2:: 1. THE UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT , HIGHER EDUCATION, NIRMAL BHAVAN, NEW- DELHI-110011.REP. BY ITS PRINCIPAL SECRETARY. 2. PHARMACY COUNCIL OF INDIA, NBCC CENTRE, 3RD FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMAI MARG, OKHLA PHASE-1, NEW DELHI-110011, REP. BY ITS PRESIDENT. 3. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, KAKINADA, KAKINADA-533003, ANDHRA PRADESH REP. BY ITS REGISTRAR. 4. THE CONVENOR, AP PGECET 2023, SRI VENKATESWARA UNIVERSITY, TIRUPATI. ...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 a writ or direction, more particularly, a writ of Mandamus, declaring the action of the 3rd - Respondent University in including the colleges having approval for the Academic year 2023-24 without submitting the application and Enhanced processing fee as per the circulars with Ref. No. 14- 56/2022-PCI (Approval Process for 2022-23 a.s)/17462-64 dated 02.02.2023 and Ref. No. 14-56/2022- PCI (Approval Process for 2022-23 a.s.)/17710 dated 08.02.2023 and not including the 2nd petitioner college which stood better than the said colleges by submitting the application and paying the enhanced processing fee on dt. 15.05.2023 as illegal, arbitrary, discriminative and violative of Article 14 and 30(1) of the Constitution of India. and the action of the 2nd respondent- PCI, in not communicating the individual extension of approval for the year 2023-24, for the petitioner institution, even after submission of google form along with payment of enhanced fees of Rs.7,08,000/-, as early as on 15.05.2023, and allowing the colleges who have approval for academic year 2023-24 and did not ::3:: submit application and payment of enhanced processing fee in contrary to the guidelines circulated vide circulars dated 02.02.2023, 08.02.2023 and 25.07.2023 to participate in counselling as unconstitutional and contrary to law. and Consequently direct the 3rd respondent to include the 2nd petitioner college in the AP PGECET 2023 counselling for which web options are commencing from dt. 08.09.2023 to 11.09.2023 and 2nd respondent- PCI to consider the application and payment of enhanced processing fee on dt.15.05.2023 and pass necessary individual letter of Extension of Approval for the Academic Year 2023-24. And pass Counsel for the Petitioner(S): 1. RAGHAVA YATHIRAJU Counsel for the Respondent(S): 1. M UMA DEVI (CENTRAL GOVT COUNSEL) 2. CH S V SURAJ 3. B VIJAYA BHASKER 4. RAMESH BABU TALLURI SC For S.V.UNIVERSITY,TIRUPATI ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.23196 of 2023 This court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs: “to issue a appropriate Writ Order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent University in including the colleges having approval for the Academic year 2023-24 without submitting the application & Enhanced processing fee as per the circulars with Ref.No.14-56/2022-PCI (Approval Process for 2022-23 a.s)/17462-64 dated 02.02.2023 and Ref.No.14-56/2022-PCI (Approval Process for 2022-23 a.s)/17710 dated 08.02.2023 and not including the 2nd petitioner college which stood better than the said colleges by submitting the application & paying the enhanced processing fee on 15.05.2023 as illegal, arbitrary, discriminative and violative of Article 14 and 30(1) of the Constitution of India; and the action of the 2nd respondent – PCI, in not communicating the individual extension approval for the year 2023-24, for the petitioner institution, even after submission of google form along with payment of enhanced fee of Rs.7,08,000/-, as early as on 15.05.2023 and allowing the colleges who have approval for academic year 2023-24 and did not submit application & payment of enhanced processing fee in contrary to the guidelines circulated vide circulars dated 02.02.2023, 08.02.2023 & 25.07.2023 to participate in counseling as unconstitutional and contrary to law; and Consequently direct the 3rd respondent to include the 2nd petitioner college in the AP PGECET 2023 counselling for which web options are commencing from 08.09.2023 to 11.09.2023 and the 2nd respondent – PCI to consider the application & payment of enhanced processing fee on 15.05.2023 and pass “ 2. The case of the petitioners is that they were granted approval by the AICTE, during the academic year 2007-08, to start 3 independent colleges under the name and style as mentioned here ::5:: and which were granted separate affiliation proceedings by the then combined J.N.T University, HYderabad for the erstwhile combined State of Andhra Pradesh i.e, (i) St. Mary’s College of Pharmacy. (ii) St. Mary’s Engineering College (iii) St. Mary’s PG Center 3. Learned counsel for the petitioners submits that during the year 2010-11, as per the policy/guidelines of the AICTE, all the 3 independent colleges were integrated into a Group of Institutions, under the name and style of St. Mary’s Group of Institutions, Guntur. The JNT University was also pleased to grant affiliation with the same name and style of St. Mary’s Group of Institutions, Guntur. It is submitted that from the academic year 2022-23, due to change of policy the AICTE has stopped issuance of approvals to Pharmacy courses and the said power of authority was conferred upon the Pharmacy Council of India (PCI), which has been granting separate approval letter/proceedings for the pharmacy courses. While so, St. Mary’s Group of Institutions, Guntur was converted from co-education to Women, under the name and style of St. Mary’s Group of Institutions Guntur for Women, after having with the necessary NOCs / permissions from the Government of Andhra Pradesh and JNT University, Kakinada. The 2nd petitioner submitted an application for ::6:: the academic year 2023-24 for approval to the AICTE for Engineering, MBA and Diploma Courses, excluding Pharmacy programme and the AICTE was pleased to grant the necessary approval under the name and style of St. Mari’s Group of Institutions Guntur for Women. Whereas the petitioner was granted approval by the PCI for the year 2022-23 for Pharmacy courses in the name and style of St. Mary’s College of Pharmacy and was extended for the year 2023-24, by a general circular dated 16.03.2023 for extending the approval for all the pharmacy colleges for the year 2023-24. The petitioner institution submitted one single application for the year 2023-24 to JNT University, Kakinada for granting affiliation for engineering, MBA and Pharmacy courses under the name and style of St. Mary’s Group of Institutions Guntur for Women, as was been done from the year 2010-11, as the affiliating University is one and the same for technical courses as well as Pharmacy courses, despite the approving agencies are different and also any changes in the rules / procedures, will have only prospective to the application. Since the 2nd petitioner was not included to participate in counseling for which web options are commencing from 08.09.2023 to 11.09.2023, the 2nd petitioner filed the present writ petition and this Hon’ble Court on 06.09.2023 in I.A.No.1 of 2023 was pleased to ::7:: direct the respondents to include the name of the 2nd petitioner in the approved list for AP PGECET counseling for admission for ensuring web options scheduled to be commenced from 08.09.2023, with immediate effect. Immediately, the order of this Hon’ble Court dated 06.09.2023 was communicated to the 4th respondent by the 2nd petitioner. 4. Respondent No.4 filed counter-affidavit stating that the Convener for admissions immediately responded to the petitioner’s mail on 07.09.2023 in the process to implement the High Court orders dated 06.09.2025, and requested the petitioner institution to provide M. Pharmacy fee structure as prescribed by APHERMC in order to incorporate same at APPGECET-2023 - Admissions as the fee structure is essential to update for seat matrix. In the counter it is also mentioned that as no instructions were received from the petitioner institution in this regard, then the Convener could not proceed further. It is further contended that on 13.09.2023, JNTUK has clarified that “as per our University records only ST. MARY’s GROUP OF INSTITUTIONS GUNTUR FOR WOMEN (BJ), Chebrolu Village, Chebrolu Mandal, Guntur District has been affiliated to JNTUK, Kakinada but not St. Mary’s Colleges Pharmacy, Chebrolu Village and Mandal, Guntur District. It is further stated in the counter- ::8:: affidavit that in the e-mail sent to the petitioner on 20.09.2023, specified the role of Convener as “The Convener, APPGECET-2023 has no powers or jurisdiction to change the College Name, College Code and Quantum of Fee notified by the Government under GOMS 40 HE (RM) Department dated 04.08.2023 for M. Pharmacy programmes without petitioner’s college taking necessary steps for rectification in the said GO in this regard” and further stated that the affiliating University till the conclusion of final phase of counseling did not grant affiliation to St. Mary’s College of Pharmacy-Guntur with College Code SMPC for M. Pharmacy Programme for the academic year 2023-24. The learned counsel for 4th respondent stated that no grievance is left unredressed by the University in respect of the 2nd petitioner’s claim and prayed that this Writ Petition may be dismissed. 5. Heard learned counsel or the petitioners and learned Deputy Solicitor General for Respondent Nos.1 and 2, learned Standing Counsel for Respondent Nos.3 and 4 and perused the material placed on record. 6. Considering the submissions made by all the learned counsel, it is observed that pursuant to the interim orders dated 06.09.2023 passed by this Court in I.A. No.1 of 2023, the 4th respondent, in the ::9:: process of implementing the orders of the High Court dated 06.09.2025, requested the petitioner to furnish the M. Pharmacy fee structure as prescribed by the APHERMC, for inclusion in the approved list of institutions for APPGECET-2023 - Admissions, as the same is essential for updating the seat matrix. However, since no instructions were received from the petitioner within the stipulated time, the Convener could not proceed further as per the rules in vogue. As contended by the counsel for the 4th respondent, that, in the absence of any affiliation in respect of St. Mary’s College of Pharmacy by the JNT University, in consonance with the approval, “Pharmacy Council of India (PCI):, the 4th respondent has no power to change the name of the institution as St. Mary’s Group of Institutions for Women” which was affiliated to the University is valid and in accordance with regulation of PCI. It is clear case of failure on part of 2nd petitioner to obtain specific affiliation from the University within time frame and after such submission the same was considered. Therefore, having failed to comply the statutory compliances, as required as per the regulations of PCI as well as JNTU, the petitioner is not entitled to any relief at present. Moreover, the time is essence in the process and petitioner apparently and miserably failed in compliance of the queries within the time and as ::10:: per the Regulations of PCI and JNTU. Hence, no cause of action survives for further adjudication in the matter. 7. Accordingly, the Writ Petition is dismissed due to lack of merits. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 20.11.2025 krk ::11:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.23196 of 2023 20.11.2025 krk