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2026 DAILYLAW 10901 (AP)

SRI RACHAPUDY NAGABHUSHANAM DEGREE AND P.G. COLLEGE (AUTONOMOUS) v. The State of Andhra Pradesh

WP/26475/2026 · 2026-09-22

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010487062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26475/2026 Between: 1. SRI RACHAPUDY NAGABHUSHANAM DEGREE AND P.G. COLLEGE (AUTONOMOUS), DEGREE P.G. COLLEGE (AUTONOMOUS) REPRESENTED BY ITS CORRESPONDENT SRI. RACHAPUDY VENKATA SAI KRISHNA, S/O NAGABHUSHANAM NELLORE ROAD, BADVEL - 516227 YSR KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION EC DEPARTMENT A.P. SECRETARIAT VELAGAPUDI AMARAVATI GUNTUR DISTRICT ANDHRA PRADESH. 522238 2. THE COMMISSIONER OF HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH GROUND AND SECOND FLOORS GARUDADRI K.K. TOWERS SRI LAKSHMI NARASIMHA COLONY MANGALAGIRI 522503 GUNTUR DISTRICT ANDHRA PRADESH. 3. THE ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION, REPRESENTED BY ITS SECRETARY 3RD 4TH AND 5TH FLOORS NEELADRI TOWERS SRI RAM NAGAR 6TH BATTALION ROAD ATMAKUR V MANGALAGIRI M GUNTUR 522503 ANDHRA PRADESH 4. THE CONVENER APICET 2026 ADMISSIONS, ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION MANGALAGIRI GUNTUR DISTRICT ANDHRA PRADESH. 522503 2 5. YOGI VEMANA UNIVERSITY, REPRESENTED BY ITS REGISTRAR VEMANAPURAM KADAPA 516005 YSR KADAPA DISTRICT ANDHRA PRADESH.. 6. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY ITS MEMBER SECRETARY NELSON MANDELA MARG VASANT KUNJ NEW DELHI 110070 ...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 topleased to issue an appropriate Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action and inaction of Respondent Nos.1 and 2 in not issuing the consequential Government Order notifying the newly approved Master of Business Administration MBA and Master of Computer Applications MCA programmes with an intake of 120 seats each in the Petitioner institution for the Academic Year 2026 27 notwithstanding the AlCTE Extension of Approval dated 10 04 2026 provisional affiliation granted by Yogi Vemana University dated 04 08 2026 No Objection Certificate issued by the Government of Andhra Pradesh dated 14 08 2026 and Petitioners representation dated 17 08 2026 and thereby disabling the Petitioner institution from participating in the APICET 2026 counselling as illegal arbitrary unreasonable violative of Article 14 of the Constitution of India and contrary to the scheme and provisions of the All India Council for Technical Education Act 1987 and the Andhra Pradesh Education Act 1982 and consequently direct Respondent Nos.1 and 2 to forthwith issue the consequential Government Order/notifying the MBA and MCA programmes with an intake of 120 seats each for the Academic Year 2026 27 and further direct the 1st Respondent to issue Government Order duly notifying the newly approved MBA and MCA programmes with an intake of 120 seats each on the strength of the AlCTE Extension of Approval dated 10 04 2026 provisional affiliation granted by Yogi Vemana University dated 04 08 2026 and the No Objection Certificate issued by the 1st Respondent State Government dated 14 08 2026 to the Petitioner institution and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case 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 3 direct Respondent Nos.3 and 4 to forthwith include Sri Rachapudy Nagabhushanam Degree & P.G. College (Autonomous) Badvel, YSR Kadapa District in the ensuing APICET-2026 counselling in respect of the newly approved MBA and MCA programmes with an intake of 120 seats each, on the strength of the AlCTE Extension of Approval dated 10-04-2026, provisional affiliation granted by Yogi Vemana University dated 04-08-2026 and the No Objection Certificate issued by the 1^* Respondent, State Government dated 14-08-2026, without insisting upon issuance of the formal consequential Government Order by Respondent No.1, and permit allotment and admission of eligible students thereto, subject to the result of the Writ Petition, and pas IA NO: 2 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 Respondent No.1 to take a final decision and issue appropriate consequential orders on File No.3336810, pending disposal of writ petiti Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 4 The Court made the following Order: Learned counsel for the petitioner submitted that the petitioner is a Degree and P.G College and had applied for permission to conduct the Post- Graduate programs of Master of Business Administration (M.B.A.) and Master of Computer Applications (M.C.A.) for the academic year 2026-2027. It is submitted that all the competent authorities have cleared the proposal of the petitioner and approved an intake of 120 students in the M.B.A. and M.C.A courses. It is submitted that the financial approval is pending with the 1st respondent and the 1st respondent is required to issue a Government Order permitting the petitioner to commence new courses in M.B.A. and M.C.A. 2. The learned Assistant Government Pleader appearing for the respondents submits that the proposal of the petitioner was forwarded to the competent authority on 22.08.2026 for issuance of the requisite Government Orders determining/sanctioning the intake for M.B.A. and M.C.A. courses. It is submitted that the issue is pending consideration before the competent authority. 3. In reply, the learned counsel for the petitioner submits that the first phase of counseling was completed in August, 2026 and the second phase of counseling had commenced on 21.09.2026 and is scheduled to close on 24.09.2026. It is submitted that any decision taken after the counseling process is over would render the petitioner remediless. 5 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 5. Considering the submissions that the petitioner has obtained all the requisite permissions, except for the issuance of formal Government Order by the 1st respondent for commencing the M.B.A. and M.C.A. courses and permitting the petitioner to participate in the web counseling, the 1st respondent is hereby directed to expedite the process of issuance of the Government Order before the closure of the second phase of counseling to enable the petitioner to participate in the second counseling or any further counseling for spot admissions. 6. The petitioner shall be permitted to admit students to the M.B.A. and M.C.A. courses forthwith and to participate in the web counseling which is under schedule. 7. With these observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 23.09.2026 Note: Issue CC today B/o (RJS) 6 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26475/2026 Dt: 23.09.2026 RJS/GCD