::1:: Reserved on : 07.10.2025 Pronounced on : 20.11.2025 Uploaded on : 01.12.2025 APHC010506792023 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 CONTEMPT CASE NO: 5772/2023 Between: 1. JOSEPH SRIHARSHA AND MARY INDRAJA EDUCATIONAL SOCIETY, PLOT NO.102, HIGH COURT COLONY, VANASTHALIPURAM, HYDERABAD, REPRESENTED BY ITS CHAIRMAN AND CORRESPONDENT, DR. REV. K.V.K. RAO 2. ST. MARY'S COLLEGE OF PHARMACY,, (A PART OF INTEGRATED CAMPUS OF ST. MARY'S GROUP OF INSTITUTIONS GUNTUR FOR WOMEN), CHEBROLU VILLAGE, CHEBROLU MANDAL, GUNTUR DISTRICT- 522212, REP. BY ITS CHAIRMAN AND CORRESPONDENT, DR. REV. K.V.K.RAO. 3. DR. REV. K.V.K. RAO,, S/O. LATE VENKAIAH, AGED 61 YEARS, OCC. EDUCATIONIST, PLOTNO.102, HIGH ::2:: COURT COLONY, VANASTHALIPURAM, HYDERABAD- 500070 ...PETITIONER(S) AND 1. DR L SUMALATHA, REGISTRAR, JNTUK, PROFESSOR OF COMPUTER SCIENCE ENGINEERING, UNIVERSITY COLLEGE OF ENGINEERING KAKINADA, KAKINADA, EAST GODAVARI DISTRICT. A.P.-533003. 2. PROF R V SATYANARAYANA, THE CONVENOR, AP PGECET 2023, SRI VENKATESWARA UNIVERSITY, TIRUPATI. 3. PROF Y NAZEER AHAMMAD, THE SECRETARY, APSCHE, MANAGALAGIRI ,GUNTUR. R 3 LEAVE GRANTED AS PER COURT ORDER DATED 18/10/23 VIDE IA NO 1/23 IN CC NO 5772 OF 2023 ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased to summon and punish the respondent for their willful and deliberate disobedience of the orders passed by this Honourable Court in WP. No. 23196/2023 dated 06.09.2023 and impose fine equivalent to the loss caused for the petitioners due to non-inclusion of Petitioners College in the AP PGECET 2023 counselling, under the provisions of the Contempt of Courts Act, in the interest of Justice, and pass Counsel for the Petitioner(S): 1. RAGHAVA YATHIRAJU Counsel for the Contemnor(S): 1. S PARINEETA 2. CH.S.V.SURAJ SC For JNTU KAKINADA ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE No.5772 of 2023 This Court made the following ORDER 1. This Contempt Case has been filed complaining the willful disobedience in implementing the Interim Order dated 06.09.2023 passed by this Court in W.P.No.23196 of 2023. 2. The petitioners filed W.P.No.23196 of 2023 to declare the action of the 3rd respondent University therein, in including the list of colleges having approved 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 therein, in not communicating the individual extension approval for the ::4:: 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 – University therein to include the 2nd petitioner college in the list of approved colleges for AP PGECET 2023 counselling for which web options are commencing from 08.09.2023 to 11.09.2023 and the 2nd respondent therein to consider the application & payment of enhanced processing fee on 15.05.2023 and to pass such other order or orders. 3. On 06.09.2023, this Hon’ble Court was pleased to pass the interim order in I.A.No.1 of 2023 in W.P.No.23196 of 2023, which reads as follows: “I.A.No.1 of 2023 Heard both sides. In view of the orders passed by this Hon’ble Court in I.A.No.1 of 2023 in W.P.No.4861 of 2023 dated 27.02.2023, the ::5:: impugned proceedings issued by the 2nd respondent dated 02.02.2023 and 08.02.2023 were suspended by observing as under: “The legal validity of the impugned proceedings enhancing the existing fee, dated 02-02-2023 and 08- 02-2023 bearing Reference Nos.14-56/2022- PCI(Approval Process for 2022-2023 a.s)/17462-64 and 14- 56/2022-PCI (Approval Process for 2022-2023 a.s/17710 respectively, has been mainly questioned on the ground that as per Section 18 of the Pharmacy Act, 1948, the 2nd respondent-Pharmacy Council of India has to make regulations with the approval of the Central Government after placing the same before each House of Parliament for approval and the said procedure is not followed in issuing the impugned proceedings. Therefore, in the said facts and circumstances of the case, there shall be interim suspension of the impugned Notifications issued by the 2nd respondent/Pharmacy Council of India dated 02-02-2023 and 08-02-2023 bearing Reference Nos.14- 56/2022-PCI (Approval Process for 2022-23 a.s)/17462-64 and 14-56/2022-PCI. (Approval Process for 2022-23 a.s/17710 respectively, till the next date of hearing. Till the controversy in this regard is decided after learned Standing Counsel for Central Government obtains instructions and makes his submissions, the 2nd respondent is directed to consider and process the application submitted by the petitioner for payment of necessary fee as per the proceedings dated 04-5-2018. The said payment is subject to the outcome of the result of the main writ petition”. ::6:: The learned counsel further submits that even though the suspension was granted by this Hon’ble Court regarding notification dated 02.02.2023 and 08.02.2023, the 2nd respondent issued the impugned circular dated 25.07.2023 by reiterating the contents stated at notification dated 02.02.2023 and 08.02.2023 are already suspended by this Hon’ble Court. In view of the facts and circumstances, once this Hon’ble Court granted interim suspension in respect of notifications dated 02.02.2023 and 08.02.2023, the respondents cannot be permitted to issue the proceedings dated 25.07.2023 by reiterating the same. As such, there shall be an interim suspension of the impugned circular/proceedings dated 25.07.2023, pending further orders and directing the 3rd Respondent/Jawaharlal Nehru Technological University, Kakinada, to include the name of the 2nd petitioner in the approved list for AP PGECET counseling, for admissions for ensuing web options, which was already commenced on 08.09.2023, with immediate effect.” 4. Learned counsel for Respondent No.3 contended that Respondent No.3 was not a party respondent in the W.P.No.23196 of 2023, wherein interim orders were passed ::7:: directing the 3rd respondent University in the Writ Petition to include the name of 2nd petitioner in the approved list of colleges for APPGET Counselling, for admission for ensuring web options, commenced on 08.09.2023. In fact, there is no timely direction to the Respondent No.3 herein to be complied with. However, by that time the orders received by the Respondent No.3 herein, AP PGECET - Admissions 2023, First to Final phase of the admission counseling were already completed. Hence, as per the Hon’ble Court order the 2nd petitioner college was allowed to participate in the spot admissions in respect of management category admissions and were processed through by the competent authority and further submits that as per the orders passed by this Hon’ble Court the interim orders have been implemented and complied with by the Respondent No.3 herein. Therefore, he did not violate the orders nor deviated, as alleged. Moreso, the third respondent sincerely and with great r3spect towards this Court tendered his unconditional apology to this Hon’ble Court for any inconvenience caused by him and requested to close contempt case against him. ::8:: 5. Having heard the submissions by the respective counsel and upon perusal of the material available on record, this Court carefully examined the material evidence on record and the averments made in the affidavits filed by the respondents, it can be seen that there is neither violation nor deviations to the orders of this Court on part of the 3rd respondent, in the absence of any evidence that the order of this Court was served on or before the date of 1st and 2nd phase of counseling. As contended by the learned counsel for the petitioner, no material was placed before this Court to substantiate that the orders of this Court dated 06.09.2023 were either served or received by the respondents before the date of commencement of counseling for any phase of counseling. Therefore, this Court has no other evidence to disbelieve the version of the respondent. Moreover, it is an admitted fact that, in counseling and admissions for higher institutions, everyday is a matter and one day late also may cause costlier. It is further observed that, from the affidavit of 3rd respondent that he received the orders of this Hon’ble Court, after completion of 1st to final phase of counseling, as such the petitioner was allowed for spot admission counseling. Moreover, ::9:: as the 3rd respondent also tendered his unconditional apology for the inconvenience caused to this Court. 6. Therefore, the said action of the respondents cannot be visualized as either willful disobedience or in violation of the orders passed by this Court and also not in deviation to the orders of this Court. 7. Therefore, for the reasons stated above, this Court is of the considered view that, in view of the strict compliance of the orders of this Court dated 06.09.2023 in W.P.No.23196 of 2023 by the respondents and by accepting the unconditional apology tendered by the respondents, the Contempt proceedings are liable to be closed. 8. Accordingly, the Contempt Case is closed. Consequently, miscellaneous applications pending if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:20.11.2025 KRK ::10:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO.5772 OF 2023 Date: 20.11.2025 KRK