IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5957 OF 2025 Between: Sri Lakshmi Venkateswara College of Education, Rep by its Correspondent Sri. K. Thirupataiah Stantanpur, Kurnool Mandal, Kurnool District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Higher Education Department, Tulluru, Secretariat Buildings Velagapudi, Guntur District. 2. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Secretary Neeladri Towers, 6th Battalian Road Mangalagiri, Andhra Pradesh 522503. 3. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Chairman and Competitive Authority Neeladri Towers, 6^'' Battalian Road Mangalagiri, Andhra Pradesh 522503. ...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 more in the nature of Writ of and 3^'* Respondents in not nd Mandamus declaring the action of the 2 permitting the Petitioner institution to replace the students (6 in number) in the place of Drop out students for the course of Bachelor of Education (B.Ed) on the ground that the last date for replacing the students is completed by 09-02-2025 ignoring the fact that the students from the Petitioner institution dropped out on 10- 02-2025, as per the circular of the 2nd Respondent dated 07-02- 2025, as being arbitrary, illegal and violative F of Articles 14 and 19 of the Constitution of India and consequently ratify the admissions made by the Petitioner in place of discontinued candidates under Spot admissions quota and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. 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 institution to replace the students (6 in number) in the place of the drop out candidates, pending disposal of the Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI SRI VIJAY MATHUKUMILLI Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondents 2 & 3: M/s K. RADHIKA, SC for APSCHE The Court made the following order: V V tSS?' APHC010111522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5957/2025 Between: 1.SRI LAKSHMI VENKATESWARA COLLEGE OF EDUCATION, REP BY ITS CORRESPONDENT SRI. K. THIRUPATAIAH STANTANPUR, KURNOOL MANDAL KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT. 2.THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS SECRETARY MANGALAGIRI, ANDHRA PRADESH 522503 NEELADRI TOWERS, 6TH BATTALIAN ROAD 3.THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS CHAIRMAN AND COMPETITIVE AUTHORITY NEELADRI TOWERS, 6TH BATTALIAN ROAD MANGALAGIRI, ANDHRA PRADESH 522503 ...RESPONDENT(S): Counsel for the Petitioner: 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 2 1.GP FOR HIGHER EDUCATION The Court made the following: ORAL ORDER: Heard Sri Vijay Mathukumilli, learned Counsel (appeared through Video Conference) for the Writ Petitioner and Sri K. Radhika, learned Standing Counsel for the Andhra Pradesh State Council for Higher Education (APSCHE). In compliance with the Order of this Court dated 10.03.2025, Sri K. Radhika, learned Standing Counsel for the Andhra Pradesh State Council for Higher Education (APSCHE) has submitted the Written Instructions furnished by the Secretary of the Andhra Pradesh State Council for Higher Education, Mangalagiri (Respondent No.2). Copy of it is supplied to the Counsel for the Petitioner in advance (appearing Online). The same is taken on record. 2. It is the case of the Writ Petitioner that the counselling for Bachelor of Education (B.Ed) Course got completed on 05.01.2025. However, based on the request made by several colleges, seeking permission to make fresh admissions either on account of the left over seats or on account of the drop outs who have already been admitted, the Respondent No.2 has permitted all the colleges to make admissions from 07.02.2025 to 09.02.2025 for the purpose of filling up of left over seats and also for the filling up of the seats which are vacated by the students, who have dropped-out of the B.Ed Course after taking the admission. Various colleges have done admissions between 07.02.2025 to 09.02.2025, including the Writ Petitioner herein. The peculiar facts in the Writ Petition are that, on 10.02.2025, about six students who have already taken admission in the Writ Petitioner’s College have dropped out. The list of six drop out students is shown in Exhibit P.1. Through the Written Instructions, the only apprehension, which is expressed by Respondent No.2 is that if the request of the Petitioner College is allowed for filling up the vacant seats that got/vacated on account of the earlier 3. 4. ' V 3 students having dropped out, various other colleges also may follow the suit by making similar requests almost till the beginning of the Exams. 5. In the present case, the facts would clearly indicate that the Respondent No.2 itself has permitted various colleges to admit students up to 09.02.2025. However, a peculiar incident got unfolded with regard to the Petitioner’s College that after closure of the Admissions on 09.02.2025, on the next date i.e. on 10.02.2025 about six students have dropped-out of the B.Ed Course. 6. Learned Counsel for the Writ Petitioner would submit that had the said students dropped out on 09.02.2025 or before that date, the Writ Petitioner College would have had the opportunity to fill up the seats which got vacated by the drop outs between 07.02.2025 and 09.02.2025 itself. However, the students have dropped out after the closure of the Admission process i.e. immediately on the next date. He would submit that it is not within the control of the Writ Petitioner College with regard to the students voluntarily dropping out and withdrawing the admission for their own reasons and therefore, the Writ Petitioner should not be punished for the reasons which are beyond the control of the Writ Petitioner. He would submit that there are students who are now willing to take admission into B.Ed Course. He would also submit that if the seats are left unfilled, it is not only against the public interest but the Writ Petitioner’s college also would be deprived of the financial resources in terms of the fee. Having considered these submissions, this Court is of the opinion that the apprehension expressed by the Respondent No.2 that if the request of the Writ Petitioner is allowed, various other Colleges may want to go on doing Admissions till the commencement of the examinations is only a miss- apprehension. 7. The eventualities that may arise in future may have to be decided on a case to case basis and no particular analogy can be drawn. In the peculiar 8. facts of this case, it is already noticed that th^admissions took place up to ive dropped out from the Writ 09.02.2025, whereas, about six students 4 ' # Petitioner College on the next date i.e. on 10.02.2025. For these reasons, it cannot be stated that there is any abuse of process on the part of the Writ Petitioner. It is the opinion of the Court that the dropping out of the students is beyond the control of the Writ Petitioner Institution. In this view of the matter, this Court is of the opinion that Writ Petitioner College should be permitted to make admissions for the six vacancies that are created on account of the drop out of students that occured on 10.02.2025. 9. Accordingly, the Writ Petition is allowed directing the Respondent No.2 to permit the Writ Petitioner to conduct Admissions for a period of two days i.e. from 17.03.2025 to 18.03.2025. No order as to costs. 10. 11. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. SRINIVASA RAJU assistant registrar //TRUE COPY// SECTION OFFICER To The Principal Secretary Higher Education Department, State of Andhra Pradesh, Tulluru, Secretariat Buildings, Velagapudi, Guntur District. The Secretary, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Neeladri Towers, 6 Battalian Road Mangalagiri, Andhra Pradesh 522503 The Chairman and Competitive Authority, Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Neeladri Towers, 6*^ Battalian Road Mangalagiri, Andhra Pradesh 522503 One CC to Sri Sri Vijay Mathukumilli, Advocate [OPUC] One CC to M/s K. Radhika, SC for APCHES [OPUC] Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. RAM ■TP .*>• HIGH COURT DATED: 12/03/2025 rp ANOfj; ORDER 12 MAR 2025 WP.No.5957 of 2025 . Current Section -rysi ALLOWING THE WP WITHOUT COSTS