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2025 DAILYLAW 48485 (AP)

RACHAMALLA RANGANATH REDDY v. THE STATE OF ANDHRA PRADESH

WP/11282/2025 · 2025-05-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11282 OF 2025 Between; Rachamalla Ranganath Reddy, S/o Late R. Rasu Rangeswara Reddy, Aged about 47 years, D.No.7-76, pydipalem, VTC Pydipalem, Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Registrar, The Rayalaseema University, Administrative Office, Q3F6+362, Nandyala Road, Pasupula, Kurnool District - 518007. 3. The Vice-Chancellor, Administrative Officer, Q3F6+362, Nandyala Road, Pasupula, Kurnool District - 518007. ...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 %% % 4 be pleased to issue a Writ, Order or Direction more particularly one in nature of Writ of Mandamus. Declaring the action of the 2 nd and Respondents in no permitting the petitioner to complete the Doctorate in Philosophy (Ph.D) Couuse 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 petitioner to complete the Ph.D. Course by condoning the delay for payment fee and by providing one time opportunity to complete his respective Course. lA 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 to direct the 2'’'* and 3'"^ respondents to permit the petitioner to complete the Ph.D. Course by condoning the delay for payment fee for by providing one time opportunity to complete his respective Course pending disposal of the above writ petition. Counsel for the Petitioner: MS. MAHESWARI ARIKA Counsel for the Respondent No.1: SMT. P LAKSHMI, AGP FOR HIGHER EDUCATION Counsel for the Respondent Nos.2 & 3: MS. N. VIJAYA SANTHI, SC FOR RAYALASEEMA UNIVERSITY The Court made the following: <<AH . } ■ APHq010211982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11282/2025 Between: RACHAMALLA RANGANATH REDDY ...PETITIONER AND THE STATE OF ANDHRA PRADESH ...RESPONDENT COUNSEL FOR THE PETITIONER: 1.MAHESWARI ARIKA COUNSEL FOR THE RESPONDENT: 1.GP FOR HIGHER EDUCATION The Court made the following: ORAL ORDER: Heard Ms. Maheswari Arika, learned Counsel for the Writ Petitioner, Smt. P. Lakshmi, learned Assistant Government Pleader for Higher Education and Ms. N. Vijaya Santhi, learned Standing Counsel for Rayalaseema University. 2. The present Writ Petition is filed seeking following relief: “...pleased to issue a Writ, Order or Direction particularly one in nature of Writ of Mandamus, declaring the action of the 2"^ & 3^^ Respondents in not permitting the petitioner to complete the Doctorate in Philosophy (Ph.D) Course purportedly on the grounds of non-payment of fee/extension fee and/or non-submission of DCMS/Thesis in time as wholly illegal, arbitrary, unjust, contrary to Principles of more course 2 Natural Justice besides being violative of Article 14 and 21 of 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 his respective Course 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....” Santhi, learned Standing Counsel for Respondent No.2 University has submitted that she was orally instructed by the Registrar of the University that the said Registrar is not averse to the passing of the similar Order which is passed by the learned Single Judge of this Court in W.P.No.13688 of 2024. Ms. N. Vijaya 3. of the Order passed by the learned Single judge in that the learned Single earlier Order passed by this Court in On verification W.P.No.13688 of 2024 dated 12.08.2024 it appears Judge has placed reliance W.P.No.28977 of 2023 dated 04.04.2024. 4. on an of the matter this court is of the view that it would be useful In this view to refer to the Order passed by the learned Single Judge in W.P.No.28977 of this Order, which has been referred to in the subsequent Writ for granting relief in the subsequent Writ 5. 2023, since Petitions, has been relied on Petitions. Hence, this Court deems it appropriate to extract the relevant portion of the learned Single Judge in W.P.No.28977 of 2023 dated 14.04.2024; 6. also evident from the material available on record of the various committees and “11. It is that basing on the resolutions . approvals of the Executive Committee, the University is continuing the research program and is confined to the resolutions of the EC and the EC has instructed the University to close the research after completing the pending formalities for the research live before program scholars whose research admissions were in ^ 30 04 2024. The only ground on which petitioners case was rejected is that they have not paid the fees as they are not aware of the fact that the last date for payment of fees was uploaded only in the website. 72. In view of the fact that the respondent University has passed a resolution and thereafter issued various circulars for closure of the Ph.D. program before 30.04.2024, instead of going into merits of the case, this Court feels it the present writ petition by directing the respondents to consider the case of the petitioners by receiving the payment of the research fee duly condoning the delay as a one time opportunity to in view 3 the petitioners, within a period of ten (10) days 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. Having regard to these facts there shall be a direction to the Official Respondents to allow the Writ Petitioner to deposit the required fee within a period of ten (10) days in terms of the order passed by this Court dated 04.04.2024 in W.P.No.28977 of 2023. It is needless to state that the Official Respondents shall adhere to the directions passed by the learned Single Judge in W.P.No.28977 of 2023 dated 04.04.2024. It is noticed that several Writ Petitions have earlier been filed seeking similar reliefs. However, the University has not proposed to grant any specific time for the submission of the Ph.D Thesis. Today, when this matter called-up, this Court had posed a query to the learned Standing Counsel appearing for University as to within what time the University desires the Ph.D Scholars to submit their Ph.D Thesis. Later, on instructions, learned Standing Counsel for the University submits that the grant of six months time would be reasonable for submission of Ph.D Thesis by the Ph.D Scholars. Having considered this request, this Court deems it appropriate to direct the University to grant six months time to the Ph.D Scholars not only in the present Writ Petition but also in the Writ Petitions which were previously disposed of, where this Court had directed the University to accept the extension fee and permitted the Scholars to submit their Ph.D Thesis. With these observations, the Writ Petition stands allowed. No order 7. 8. was 9. 10. as to costs. Miscellaneous petitions, if any, shall stand closed. Interim orders granted earlier, if any, shall stand vacated. SD/- A. VENUGOPALA RAO ASSISTANT REGISTRAR \ //TRUE COPY// OFFICER SE To 1. The Principal Secretary, State of Andhra Pradesh Department of Higher Education, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Registrar, The Rayalaseema University, Administrative Q3F6+362, Nandyala Road, Pasupula, Kurnool District - 518007. 3. The Vice-Chancellor, Administrative Officer Road, Pasupula, Kurnool District - 518007. 4. One CC to Ms. Maheswari Arika, Advocate [OPUC] 5. One CC to Ms. N. Vijaya Santhi, Standing Counsel for Rayalaseema University [OPUC] 6. Two CCs to GP for Higher Education, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies Office, Q3F6+362, Nandyala sree high court DATED;05/05/2025 ORDER WP.No. 11282 of 2025 S 0 3 JUN ?»25 l) ALLOWING THE W P WITHOUT COSTS