ST MARYS BED COLLEGE v. THE STATE OF ANDHRA PRADESH
WP/5221/2025 · 2025-03-10
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9301 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9301 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r ■r:n >5n IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE fa. \< o Ot PRESENT . HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5221 OF 2025 Between: St Marys B.Ed. College, Podili Village and Post, Podili Taluk, Prakasam District - 523240, Represented by its Correspondent Dr. Rev. K.V.K. Rao. ...Petitioner AND
1. The State of Andhra Pradesh, Higher Education Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District - 522001 Rep. by its Principal Secretary.
2. The Andhra Pradesh State Council for Higher Education, 3^^, 4*'^, & 5 floors, Atmakuru Village, Mangalagiri Mandal Guntur District, Rep by its Secretary. .
3. Andhra Kesari l^versity, Ongole Prakasam District, Rep by its Registrar th ...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 of the 2"^^ Respondent in not providing adequate time enabling the Petitioner Institution to complete the online registration of spot admissions into B.Ed. Programme for 100 seats for the Academic Year 2024-25 while opening the portal only one day i.e., on 14-02-2025 from 11.18 AM in pursuance of the order of this Hon'ble Court in W.P.No.696 of 2025 dt.09-01-2025, being illegal, arbitrary and in violation of Article 14 and 30(1) of the Constitution of India and consequently direct the 2!"^ respondents to open the admission portal for 7 days enabling the Petitioner Institution to complete the online
<4 registration of spot admission for the remaining 75 seats out of 100 seats B.Ed. Programme for the Academic Year 2024-25 under spot admission duly considering the representation dt.20-02-2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppprt of the petition, the High Court may be pleased to direct the 2"^ respondents to open the admission portal for 7 days enabling the Petitioner Institution to complete the online registration of spot admission for the remaining 75 seats out of 100 seats of B.Ed. Programme for the Academic Year 2024-25 und considering the representation dt.20-02-2025. ^ spot admission duly lA NO: 2 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 receive the additional affidavit and the documents enclosed. Counsel for the Petitioner: SRI SRIGHARAN TELAPROLU Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2: M/S. K RADHIKA, SC FOR APSCHE >, The Court made the following order:
1 APHC010102562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 [3328] 0k^ MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5221/2025 Between;
1.ST MARYS BED COLLEGE, PODILI VILLAGE AND POST, PODILI TALUK, PRAKASAM DISTRICT - 523240, REPRESENTED BY ITS CORRESPONDENT DR. REV K.VK. RAO. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522001 REP. BY ITS PRINCIPAL SECRETARY.
2.THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, 3RD, 4TH 5TH FLOORS, ATMAKURU VILLAGE, MANGALAGIRI MANDAL GUNTUR DISTRICT, REP BY ITS SECRETARY. 3.ANDHRA KESARI UNIVERSITY, ONGOLE PRAKASAM DISTRICT, REP BY ITS REGISTRAR ...RESPONDENT(S): Counsel for the Petitioner:
1. SRICHARAN TELAPROLU Counsei for the Respondent(S):
1.GP FOR HIGHER EDUCATION 2.KRADHIKA
2 The Court made the following:
ORAL ORDER: Heard Sri Sricharan Telaprolu, learned Counsel for the Writ Petitioner, Ms. P. Lakshmi, learned Assistant Government Pleader for Higher Education appearing for the Respondent No.1 and Ms. K. Radhika, learned Standing Counsel for the APSCHE appearing for the Respondent No.2. The present Writ Petition is filed seeking the following relief:
“It is therefore prayed that this Hon’ble 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 of the 2'^'* Respondent in not providing adequate time enabling the Petitioner Institution to complete the online registration of spot admissions into B.Ed. Programme for 100 seats for the Academic Year 2024-25 while opening the portal only one day i.e., on 14-02-2025 from 11:18 AM in pursuance of the order of this Hon’ble Court in W.P.No. 696 of 2025 dt. 09-01-2025, being illegal, arbitrary and in violation of Article 14 and 30(1) of the Constitution of India and consequently direct the 2"'^ respondent to open the admission portal for 7 days enabling the Petitioner Institution to complete the online registration of spot admission for the remaining 75 seats out of 100 seats B.Ed. Programme for the Academic Year 2024- 25 under spot admission duly considering the representation dt 20-02-2025 and pass such other
order or orders as are deemed fit and proper in the circumstances of the case.”
2.
Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the correspondence by the Andhra Pradesh State Council for Higher Education (APSCHE) (Respondent No.2) dated 14.02.2025 (Ex.P.3).
Learned Counsel would submit that on 14.02.2025, the Respondent No.2 has intimated the Writ Petitioner at 11.18 A.M by way of E-mail (as reflected in Ex.P.3) that the portal of the Writ Petitioner College, for the purpose of Spot and CatB Registrations, will be kept open for only one day i.e.,
14.02.2025. submitted that having noticed that the abov^ intimation was received on
3. It is
3 14.02.2025 at 11:18 A.M., the Writ Petitioner has immediately made arrangements for doing the same, although the intimation was sudden and unexpected. It is submitted by the learned Counsel for the Writ Petitioner that the uploading was permitted only till 12:00 midnight of 14.02.2025. He would submit that during the limited time, only 25 registrations could be done while the balance of 75 registrations could not be done.
4. It is submitted by the learned Counsel for the Writ Petitioner that on 09.02.2025, when the portal was supposed to be kept open for the Petitioner, the Petitioner could not do the uploading of the registration or could not perform the registration task because the intake was shown by Respondent No.2, for various courses as ‘zero’.
Learned Counsel for the Writ Petitioner has taken this Court through material documents filed along with an Interlocutory Application bearing USR.No.18315 of 2025 (which is filed only today). He has drawn the attention of this Court to pages 10 & 11 of the said Application wherein, the number of seats available in the selected category is shown as ‘zero’. It is submitted that it is only because of the fact that the Respondent No.2 did not show the number of seats allocated for each category and that it was shown as zero, the Writ Petitioner was prevented from uploading the registration on the said date i.e., on 09.02.2025. It is submitted that having suffered this technical snag, which can be solely attributed to Respondent No.2, the Writ Petitioner has once again made a request to Respondent No.2 on 12.02.2025. In response to the said request made by the Writ Petitioner on 12.02.2025, the Respondent No.2 has communicated this aspect to the Writ Petitioner (by email) only on 14.02.2025 at 11:18 A.M and that too only for few hours i.e., till midnight of 14.02.2025.
Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to the correspondence made by Respondent No.2 and the advance notice given to various other institutions. He would submit that the Respondent No.2 has provided advance intimation, about the opening of the portal to other institutions, at least two days in advance.
Learned Counsel has
5. 4 drawn the attention of this Court to pages 22 & 23 of the material documents filed along with Interlocutory Application bearing USR.No.18315 of 2025, which is filed today. This Court has noticed that insofar as one Venkataratna College of Education, Kurnool, in pursuance of the Orders of this Court in W.P.No.4205 of 2025, the Respondent No.2 has intimated to the said College on 25.02.2025, stating that the web portal will be kept open from 10:00 A.M on 27.02.2025 up to 12:00 noon of 01.03.2025, for the purpose of registration. He has also drawn the attention of this Court to various other colleges, whose names are mentioned in the list providing similar time at page 23 of the Interlocutory Application bearing USR.No.18315 of 2025. He would submit that even with regard to providing of time, differential treatment is accorded to the Writ Petitioner inasmuch as the Writ Petitioner has been discriminated by the Respondent No.2, by intimating about the opening of the portal on the same date and that too at 11:18 A.M, when the Writ Petitioner was completely unprepared. Having regard to the above facts and circumstances, this Court is in agreement with the submissions made by the learned Counsel for the Writ Petitioner inasmuch as the Respondent No.2 has accorded the differential treatment between the Writ Petitioner and the other similarly situated Colleges. In the case of other similarly situated Colleges, the Respondent No.2 had given an advance intimation two days prior to the opening of the web portal and had specifically mentioned about the opening time and the closing time as well as the opening date and the closing date. Whereas, insofar as the Writ Petitioner is concerned, as reflected from Ex.P.3, the Respondent No.2 had intimated to the Writ Petitioner at 11:18 A.M on 14.02.2025 that the web portal will be kept open only for one day i.e.,
14.02.2025. Although the time is not mentioned, the Writ Petitioner submits that web portal was open till midnight of 14.02.2025, by which time only 25 admissions could be registered and the pther 75 admissions could not be registered. 6. 5
7. This Court is also of the opinion that the Respondent No.2 has not evolved a uniform procedure for treating all the similarly situated colleges alike. 8.
In view of the opinion expressed by this Court, this Writ Petition i allowed with the following directions: a) Respondent No.2 is directed to provide similar time to the other colleges like Venkataratna College and others, at least two and half days, to enable the Writ Petitioner to upload the registration in their portal; and b) For this purpose, the Respondent No.2 is directed to give at least 48 hours prior intimation, in order to enable the Writ Petitioner College to make preparations for uploading the registrations in the portal of Respondent No.2. With these observations and directions, this Writ Petition allowed. No order as to costs. IS as was accorded
9. stands 10 Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR I I //TRUE COPY// To, SECTION OFFICER
1. The Principal Secretary, State of Andhra Pradesh, Higher Education Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District - 522001
2. The Secretary, Andhra Pradesh State Council for Higher Education, 3 4^^ & 5*^ floors, Atmakuru Village, Mangalagiri Mandal Guntur District. 3. The Registrar, Andhra Kesari University, Ongole Prakasam District. 4. One CC to Sri Sricharan Telaprolu, Advocate [OPUC]
5. One CC to M/S. K RADHIKA, Standing Counsel for APSCHE
6. Two CCs to GP for Higher Education, High Court of Andhra Pradesh [OUT]
7. Three CD Copies rd RAM
HIGH COURT DATED: 10/03/2025
ORDER WP.No.5221 of 2025 t 1 MAR 2025 I Current Section . o fa:
DISPOSING OF THE WP WITHOUT COSTS