APHC010185202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9254/2026 Between: 1. ARCHANA VIGNAN EDUCATIONAL RURAL DEVELOPMENT SOCIETY,, (REGD. NO. 72/2001), REPRESENTED BY ITS SECRETARY SRI P MADAN MOHAN REDDY D. NO. 51/87, KOTHAPETA RAYACHOTY, ANNAMAYYA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT 522238 2. THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS SECRETARY 3RD, 4TH AND 5TH FLOORS, ATMAKURU (VILLAGE) MANGALAGIRI (MANDAL), GUNTUR DISTRICT.522503 3. THE COMMISSIONERATE OF HIGHER EDUCATION, 2 REPRESENTED BY ITS COMMISSIONER, AMARAVATHI, VIJAYAWADA, ANDHRA PRADESH 521001 4. THE BAR COUNCIL OF INDIA, REP BY ITS SECRETARY ROUSE AVENUE INTUITIONAL AREA NEAR BAL BHAWAN, NEW DELHI - 110 002 ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not considering the proposal of the Petitioner Society for establishment of a new Law College for the academic year 2026-27, despite removal of the moratorium imposed by the Bar Council of India and despite submission of representation, as illegal, arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution of India, and consequently direct the Respondents, more particularly Respondents 2 and 3, to forthwith consider the proposal of the Petitioner and pass appropriate orders including constitution of inspection committee and grant of necessary permissions in accordance with law within a time frame fixed by this Honourable Court. 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 pleased to direct the Respondents to consider the proposal of the Petitioner and permit the Petitioner to participate in the process for establishment of Law College for the academic year 2026-27, including inspection and further statutory compliances, pending disposal of the writ petition and pass Counsel for the Petitioner: 3 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. G VENKATA REDDY The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.9254 of 2026 O R D E R: 1. The present Writ Petition is filed questioning the inaction of Respondents in not considering the proposal of the Petitioner/Society for establishment of a new Law College for the academic year 2026-2027, as illegal and arbitrary. 2. The facts in brief are as follows:- The Petitioner is an educational society. While so, Respondent No.2 had issued a Notification No. APSCHE/AC/NewColleges/2026-27, dated 19.07.2025 inviting applications for establishment of New Private Unaided Law Colleges for the Academic Year 2026-27 in the State of Andhra Pradesh. Pursuant thereto, the Petitioner/Society submitted an application with requisite details vide Application No.Law2580003, dated 08.08.2025. Subsequently, Respondent No.2 informed the Petitioner/Society that the Bar Council of India (BCI) had declared a moratorium on granting approval for new Law Colleges and new Law Programmes across the country citing BCI Press Release dated 13.08.2025. 5 In view thereof, the application of the Petitioner/Society was returned on 10.11.2025. It is further stated that the processing fee is still with Andhra Pradesh State Council of Higher Education (APSCHE). 3. Subsequently, the Bar Council of India revoked the moratorium and notified the last date for submission of proposals for establishment of new Law College for the Academic Year 2026-27 as 31.03.2026. Parallelly, the State Government has issued G.O.Ms.No.3, Higher Education (C.E.A1) Department, dated 27.02.2026, whereunder the powers of Respondent No.2 were conferred by Respondent No.3. In the light of the revocation of the moratorium by the BCI, the Petitioner/Society submitted representations on 09.03.2026, 10.03.2026 to Respondent Nos.2 and 3 for consideration of the proposals of the Petitioner/Society. As the representations of the Petitioner/Society are not being considered, the present Writ Petition is filed. 4. Learned Government Pleader for Higher Education appearing for Respondent Nos.2 and 3 submitted that 6 Respondent No.3 being the concerned authority in view of G.O.Ms.No.3, dated 27.02.2026 would examine the application of the Petitioner/Society, subject to Petitioner/Society submitting fresh application to Respondent No.3. The learned Government Pleader would further submit that the processing fee of Rs.36,000/- would be appropriated to the application to be given by the Petitioner/Society. 5. Smt. K. Radhika, learned Standing Counsel for ‘APSCHE’ appearing for Respondent No.2 would submit that the proposals were returned on 10.11.2025 and also submits that Respondent No.2 does not have any authority as on date in view of G.O., referred supra. 6. Heard the respective counsels. 7. Considering the submissions, the Writ Petition is disposed of, with the following directions:- (i) The Petitioner/Society shall submit a fresh application to Respondent No.3 for establishment of new Law College in terms of the Notification dated 19.07.2025 within a period of two (02) weeks from today. 7 (ii) On receipt of the same, Respondent No.3 shall examine the same and issue necessary instructions to the concerned authorities. (iii) Considering the peculiar scenario, the deadline for submission of application is extended by two (02) weeks from today to enable the Petitioner/Society to submit its application to Respondent No.3. (iv) The processing fee paid by the Petitioner/Society shall be appropriated by Respondent No.3. (v) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 21.04.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 138 WRIT PETITION NO:9254/2026 Dt. 21.04.2026 chs