1 HN, J W.P.No.25718_2026 APHC010469542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25718/2026 Between: 1. PROF. M JAMES STEPHEN, S/O MEKA ROBERT JAMES, AGED 47 YEARS, R/O D.NO. 37-11- 196/1, PATTABHI REDDY GARDENS, B/H GOVT. POLYTECHNIC, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH-530007. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, (HIGHER EDUCATION DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522238. 2. THE ANDHRA UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VISAKHAPATNAM, ANDHRA PRADESH- 530003. 3. THE DEAN, ACADEMIC AFFAIRS, ANDHRA UNIVERSITY, VISAKHAPATNAM, ANDHRA PRADESH- 530003. 4. THE PRINCIPAL, COLLEGE OF ARTS AND COMMERCE, ANDHRA UNIVERSITY, VISAKHAPATNAM, ANDHRA PRADESH- 530003. ...RESPONDENT(S): 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 toissue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents, particularly Respondent Nos. 2 and 3, in intentionally delaying and illegally withholding the conduct of the Petitioner's Final Ph.D. Viva-Voce Examination as 2 HN, J W.P.No.25718_2026 arbitrary, illegal, malicious, and violative of Articles 14 and 21 of the Constitution of India consequently, direct the Respondents to forthwith schedule and conduct the Petitioner's Final Ph.D. Viva-Voce Examination by awarding the Ph.D. Degree in the Department of Commerce and Management Studies, Andhra University, without insisting upon extraneous declarations IA NO: 1 OF 2026 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 direct the Respondents to forthwith schedule and conduct the Petitioner's Final Ph.D. Viva-Voce Examination by awarding the Ph.D. Degree in the Department of Commerce & Management Studies, Andhra University, without insisting upon extraneous declarations Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 3 HN, J W.P.No.25718_2026 ORDER: 1. The petitioner is aggrieved by the intentional delay in conducting and withholding the petitioner’s final Ph.D. Viva-Voce Examination for the award of the Ph.D certificate to the petitioner. 2. It is submitted that the respondent-University is required to conduct the Viva-Voce Examination and award the certificates to eligible candidates. The petitioner was admitted into Ph.D programme under the executive category in the Department of Commerce and Management Studies, Andhra University. It is submitted that respondent No.2 has been delaying the notification of the date for conducting the Viva-Voce Examination, though the petitioner submitted his Thesis on 16.03.2026. 3. It is submitted that, soon after submission of the Thesis by any candidate pursuing Ph.D., the University would conduct the Viva-Voce Examination upon receipt of the Thesis. However, in the present case, though the petitioner submitted a representation seeking conduct of the Viva-Voce Examination on 05.08.2026, respondent No.4, on 07.08.2026, replied to the petitioner stating that the file was under process through the proper channel. The petitioner was called upon to submit an NOC from Dr.B.R.Ambedkar Foundation. The petitioner complied with the said requirement and clarified that he was not required to submit the same, as it was not applicable. The petitioner also sought indulgence from the Vice-Chancellor of the University, who, in turn, directed respondent No.3 to review the matter and do the 4 HN, J W.P.No.25718_2026 needful. It is submitted that, though the Vice-Chancellor has repeatedly directed respondent No.3 to review the issue and take necessary steps for Viva-Voce Examination, there is no development and the petitioner is still awaiting notification of the date for conducting the Viva-Voce Examination. 4. The learned Government Pleader appearing for Higher Education submits that the Viva-Voce Examination could not be notified as a vigilance enquiry is pending against the earlier Registrar of the University. It is submitted that the petitioner himself was the then Registrar and that a Vigilance enquiry is pending against him. 5. Considering the submissions, the Court is of the considered view that the delay on the part of respondent No.2 in notifying the date for conduct of the Viva-Voce Examination is irrational and beyond the comprehension of the facts. The pendency of the vigilance enquiry or any other department enquiry against the then Registry i.e., the petitioner should not come in the way of granting academic certificates to the eligible candidates. 6. On these considerations, the present writ petition can be disposed off directing respondent Nos.2 to 4 to notify the date for the Viva-Voce Examination within a period of one (01) week from the date of receipt of a order of this order, duly informing the petitioner of the date of the Viva-Voce Examination, and conduct the same and further process the Thesis and award the Ph.D certificate to the petitioner in accordance with law. 5 HN, J W.P.No.25718_2026 7. With the above direction, the present writ petition is disposed off. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.09.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 HN, J W.P.No.25718_2026 106 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25718 of 2026 Date: 22.09.2026 NKA