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2025 DAILYLAW 50849 (AP)

Swathi College of Pharmacy v. The State of Andhra Pradesh

WP/24467/2025 · 2025-11-23

K Sreenivasa Reddy

body2025

Judgment text

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APHC010482132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24467 OF 2025 Between: 1. Swathi College of Pharmacy, Rep by its Director, M Gobinath, Adjacent to Nellore Plaza, Venkatachalam PO, Venkatachalam Mandal, Nellore District, Andhra Pradesh. ...Petitioner 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 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, 5th floor, Lakshmi Narasimha Colony Bypass Road, Near Dr. YSR Aarogyasri healthcare trust Mangalagiri, Guntur District-522 503. 4. The Convenor, APPGECET-2025 Admissions, Andhra University Visakhapatnam, Andhra Pradesh 5. Jawaharlal Nehru Technological University, Rep by its Registrar Ananthapur, Ananthapur District, Andhra Pradesh. 6. Pharmacy Council of India, Rep by its Registrar cum Secretary 1-300, 3rd Floor, Tower-1 World Trade Centre, Nauroji Nagar New Delhi-110029. 7. The Directorate/Board of Technical Education, Represented by its Secretary Garudadri KK Towers, Lakshmi Narasimha Colony, Near NTR Vaidya Seva Trust, Mangalagiri, Guntur District, Andhra Pradesh. SRK, J WP No.24467 of 2025 2 8. State Board of Technical Education and Training, rep. by its Secretary, Garudadri KK Towers, Lakshmi Narasimha Colony, Near NTR Vaidya Seva Trust, Mangalagiri, Guntur District, Andhra Pradesh. ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of Respondent Nos. 3, 4, 6 and 7 in not allowing the Petitioner-Institution to take part in the ongoing APEAPCET-2025 and APPGECET - 2025 counselling for filing up the seats in Diploma in Pharmacy, B Pharmacy, Pharm D, Pharm-D (PB) Post Baccalaureate and M. Pharmacy courses on the pretext that the 6th Respondent not granted approval for the academic year 2025-26, ignoring the fact that the 6th Respondent, Pharmacy Council of India gave a clear communication, dated 11-06-2025 and 11-07-2025 to all the State Governments and examining bodies to go ahead with the counselling process within the four-corners of the guidelines/ directives of the Honble Supreme Court by giving leverage as being arbitrary, illegal, unwarranted and unconstitutional and against the principles of natural justice and consequently direct the 6th Respondent to grant approval to the Petitioner institution for the academic year 2025-26. Counsel for the Petitioner: G VENKATA REDDY Counsel for the Respondents: GP FOR HIGHER EDUCATION Counsel for the Respondents: K RADHIKA Counsel for the Respondents: D KRISHNA SC FOR JNTU ANANTHAPURAMU Counsel for the Respondents: SRINIVASA RAO BODDULURI SRK, J WP No.24467 of 2025 3 The Court made the following ORDER: The present Writ Petition has been filed seeking the following relief. “……..to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.3, 4, 6 and 7 in not allowing the petitioner Institution to take part in the ongoing APEAPCET- 2025 and APPGECET-2025 counselling for filing up the seats in Diploma in Pharmacy, B Pharmacy, Pharm D, Pharm-D (PB) Post Baccalaureate and M. Pharmacy courses on the pretext that 6th respondent not granted approval for the academic year 2025-26, ignoring the fact that 6th respondent, Pharmacy Council of India gave a clear communication, dated 11.06.2025 and 11.07.2025 to all the State Governments and examining bodies to go ahead with the counselling process within the four-corners of the guidelines/directives of the Hon’ble Supreme Court by giving leverage as being arbitrary, illegal, unwarranted and unconstitutional and against the principles of natural justice and consequently direct 6th respondent to grant approval to the petitioner institution for the academic year 2025-26.” 2. This Court, on 10.09.2025, while ordering notice before admission, passed the following interim order. SRK, J WP No.24467 of 2025 4 “……… In view of the aforesaid facts and circumstances, since Notification has already been issued on 08.09.2025, the respondents are directed to allow the petitioner-institution to take part in the ongoing APEAPCET-2025 and APPGECET-2025 counselling for filling up the seats in Diploma in Pharmacy, B Pharmacy, Pharm D, Pharm-D (PB) Post Baccalaureate and M. Pharmacy courses for the Academic Year 2025-26.” 3. Today, when the matter came up for admission, learned counsel for the petitioner submits that the respondents have complied with the said interim order, hence no further orders are necessary to be passed in the present Writ Petition. 4. Recording the said submission, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:24.11.2025 Nsr SRK, J WP No.24467 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.24467 of 2025 Date:24.11.2025 Nsr