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High Court of Andhra Pradesh · body

2026 DAILYLAW 11461 (AP)

M. DURGA v. The State of Andhra Pradesh

WP/27807/2026 · 2026-09-27

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010511292026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27795/2026 Between: 1. M V GOVINDU, S/O SOMANNA, AGED ABOUT 44 YEARS OCCUPATION LECTURER IN PHYSICAL SCIENCE, MARRIPUDI, RANGAMPETA MANDAL, YELESWARAM, KAKINADA DISTRICT ANDHRA PRADESH - 533429. 2. .SRI V.S.R. GOPAL, S/O VENKATA PRASAD AGED ABOUT 48 YEARS, OCCUPATION LECTURER IN EDUCATION YELESWARAM, KAKINADA DISTRICT ANDHRA PRADESH - 533429. 3. .SRI T. SUBBARAO, S/O VENKATA SUBRAHMANYAM AGED ABOUT 51 YEARS, OCCUPATION LECTURER IN TELUGU, OPP FIRE STATION, PEDDAPURAM EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533429. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 522238 2. ADIKAVI NANNAYA UNIVERSITY, REPRESENTED BY ITS REGISTRAR RAJA RAJA NARENDRA NAGAR RAJAMAHENDRAVARAM 533296 EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3. THE DEAN, COLLEGE DEVELOPMENT COUNCIL ADIKAVI NANNAYA UNIVERSITY RAJA RAJA NARENDRA NAGAR RAJAMAHENDRAVARAM 533296 EAST GODAVARI DISTRICT, 2 ANDHRA PRADESH. 4. SRI SAI BALAJI COLLEGE OF EDUCATION, REPRESENTED BY ITS SECRETARY CORRESPONDENT YELESWARAM, KAKINADA DISTRICT ANDHRA PRADESH 533429. ...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 of Respondent Nos.2 and 3 in refusing and/or declining to consider and ratify the candidature of the Petitioners as teaching faculty of the 4th Respondent College for the academic years 2025-26 and 2026-27 solely on the ground of non-possession of NET/SET/APSET qualification, after having continuously scrutinised, accepted and ratified their candidature during the preceding academic years with full knowledge of their educational qualifications and without issuing any prior notice, affording any reasonable opportunity of hearing or passing any written and reasoned order, as illegal, arbitrary, unreasonable, disproportionate and violative of Articles 14 and 21 of the Constitution of India and the principles of natural justice, and consequently direct Respondent Nos.2 and 3 to consider and ratify the candidature of the Petitioners for the academic years 2025-26 and 2026-27 by granting them a reasonable period to acquire the requisite NET/SET/APSET qualification, and to pass 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 Respondent Nos.2 and 3 to receive, scrutinise and process the candidature of the Petitioners in the Staff Ratification exercise of the 4th Respondent College for the academic years 2025-26 and 2026-27, pending disposal of the Writ Petition, and to pass Counsel for the Petitioner(S): 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 3 APHC010511302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27807/2026 Between: 1. M. DURGA, W/O KISHOR KUMAR AGED 45 YEARS, OCC LECTURER IN MATHEMATICS R/O NADIMI THIRUVURU, KRISHNA DISTRICT ANDHRA PRADESH. 2. SRI. KASANI RAMARAO, S/O LAXMIPATHI, AGED 42 YEARS, OCC LECTURER OF SOCIAL STUDIES R/O OHIBBALA BAZAR, VEMSOOR, KAMMAM, ANDHRA PRADESH. 3. SMT. TADIKONDA ANANTHA LAKSHMI, W/O SATYENDRA KUMAR AGED 42 YEARS, OCC LECTURER IN TELUGU R/O KOPPULA VANI STREET, CHINTALAPUDI CHINTALAPUDI MANDAL, WEST GODAVARI DISTRICT ANDHRA PRADESH. 4. B.V.N.L. SOWJANYA, W/O SIVA KUMAR, AGED 38 YEARS, OCC LECTURER IN BIOLOGICAL SCIENCE R/O CHATRAI, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. ADIKAVI NANNAYA UNIVERSITY, REPRESENTED BY ITS REGISTRAR, RAJA RAJA NARENDRA NAGAR, RAJAMAHENDRAVARAM 533296, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3. THE DEAN, COLLEGE DEVELOPMENT COUNCIL, ADIKAVI 4 NANNAYA UNIVERSITY, RAJA RAJA NARENDRA NAGAR, RAJAMAHENDRAVARAM 533296, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. HAYAGREEVA COLLEGE OF EDUCATION, REPRESENTED BY ITS CORRESPONDENT CHINTALAPUDI 534460, ELURU DISTRICT, ANDHRA PRADESH. 5. NATIONAL COUNCIL FOR TEACHER EDUCATION, REPRESENTED BY ITS MEMBER SECRETARY, G-7, SECTOR-10, DWARKA, NEW DELHI 110075 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.2 and 3 in not considering the ratification of the candidature of the Petitioners as teaching faculty in the concerned B.Ed. College for the academic year 2026-27, solely on the ground of non-possession of NET/SET/APSET qualification, notwithstanding the fact that the Respondent University had scrutinised their educational qualifications and continuously ratified and approved their candidature during the preceding academic years, and without issuing any prior notice, without affording any reasonable opportunity of explanation and without passing any written and reasoned order, as illegal, arbitrary, unreasonable, disproportionate, violative of the principles of natural justice and Articles 14 and 21 of the Constitution of India, and consequently direct Respondent Nos.2 and 3 to consider and ratify the candidature of the Petitioners for the academic year 2026-27 by granting them a reasonable period to acquire the requisite NET/SET/APSET qualification, 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 Respondent Nos.2 and 3 to permit the Petitioners to participate in the Staff Ratification process of the 4th Respondent Hayagreeva College of Education scheduled on 29-09-2026, receive and verify their original educational certificates and other documents, process and keep their ratification cases alive provisional for the Academic Year 2026-27, pending disposal of writ petition Counsel for the Petitioner(S): 5 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 6 The Court made the following Common Order: The petitioners are aggrieved by the circular dated 15.09.2026 whereby the staff ratification process has scheduled from 25.09.2026 to 30.07.2027. it is submitted that the staff are required to qualify in TET/NET for ratification in terms of the latest NCTE norms. It is submitted that the petitioners have not qualified for NET/SET/APSET however they have been imparting education without any complaint to their best ability. It is submitted that the petitioners still have substantial service left. However, staff ratification process in terms of the latest NCTE norms would mandate the petitioners to qualify in NET/SET/APSET. 2. Learned counsel for the petitioners also submits that the issue was considered by this Court in Writ Petition 30764 of 2023 and batch and the learned Single Judge of this Court had considered the observations of the Hon’ble Supreme Court in Anjuman Ishaat-e-Taleem Trust Vs. State of Maharastra1 and others and held that reasonable time ought to be granted for the In-service teachers for qualifying the TET/SET/APSET/NET examination and two years time was granted for in service candidates to qualify in the TET/SET/NET. It is submitted that the petitioners are in-service and as on date non-ratification of their service would render them jobless and their livelihood is at stake. 3. Learned Standing counsel for respondent Nos. 2 and 3 submits that the circular dated 15.09.2026 was issued in accordance with the latest NCTE norms dated 03.12.2024 which have mandated the staff ratification process 1 (2025 Livelaw (SC) 861) 7 and the staff would have to qualify in the SET/NET examination and any staff who does not qualify the SET/NET examination cannot be considered for staff ratification in terms of the latest circular of NCTE. However, the service of the petitioners is not in dispute. 4. Considering these submissions and considering the order passed by the learned Single Judge in the Writ Petition No.30764 of 2023 and batch, the writ Petitions are disposed of by permitting the petitioners to qualify the NET/SET/APSET as and when the said examination is conducted by the respondent authorities. At any rate the petitioners shall have to qualify and obtain the requisite qualification within in the period of two (2) years from the date of receipt of copy of this order. ____________________ JUSTICE HARINATH.N 28.09.2026 Note: Issue CC by 29.09.2026 RSD 8 13 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOs: 27795 and 27807 of 2026 28.09.2026 Note: Issue CC by 29.09.2026 RSD