1 APHC010522222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28384/2026 Between: 1. THOTE JOHN BABU, S/O JOHNSON, AGED 49 YEARS, OCC LECTURER, R/O D.NO. 5-47, MAMIDI THOTA, KALUVAGATTU, ANTHARVEDI PALEM, SAKINETIPALLI, DR. B.R. KONASEEMA DISTRICT. 2. KETHA SURYANARAYANA,, S/O K. SATHYANARAYANA, AGED 50 YEARS, OCC LECTURER, R/O KETHA VANI PALEM, NALLA MILLI PALEM, VIA AMALAPURAM, DR. B.R.KONASEEMA DISTRICT. 3. MUSINI ANNAPURNA,, D/O VENKAT RAO, AGED 53 YEARS, OCC LECTURER, R/O D.NO. 3-13 SIRIPALLI, LANAVALLIMANDALAM, DR. B.R.KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT- 522238. 2. ADIKAVI NANNAYA UNIVERSITY, REP. BY ITS REGISTRAR, RAJA RAJANARENDRA NAGAR, RAJAMAHENDRAVARAM-533296. 3. THE DEAN, COLLEGE DEVELOPMENT COUNCIL, ADIKAVI NANNAYA UNIVERSITY, RAJA RAJANARENDRA NAGAR, RAJAMAHENDRAVARAM-533296. 4. SKM COLLEGE OF EDUCATION, REP.BY ITS PRINCIPAL/CORRESPONDENT, MUKTESWARAM, LANAVALLI MANDAL, DR.B.R.A. KONASEEMA DISTRICT-533211. 5. THE NATIONAL COUNCIL FOR TEACHER EDUCATION, REP. BY ITS MEMBER SECRETARY, G-7, SECTOR-10, DWARAKA, 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 a 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 4t1 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 scrutinized accepted and ratified their candidature during the preceding academic years with full knowledge of their educational qualifications and 2 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 as per Hon'ble Supreme Court in C.A No. 1385/2025 in the case of 'State of Uttar Pradesh Vs Anjumanlshaat-E-Taleem Trust and others' Vide order dt 29.05.2026, in the interest of justice 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 No.2 and 3 to ratify the Petitioners appointment to the teaching faculty in the process of ratification scheduled from 05.10.2026 to 07.10.2026, pending disposal of the above Writ Petition Counsel for the Petitioner(S): 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. SRI G. KOTINAGULU, SC FOR RESPONDENT No.2 The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.28384 of 2026 ORDER: The petitioner is 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 petitioner is not qualified for NET/SET/APSET however they have been imparting education without any complaint to their best ability. It is submitted that the petitioner 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 No.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 petitioner is in-service and as on date non-ratification of their service would render them jobless and their livelihood is at stake. 1 (2025 Livelaw (SC) 861) 4 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 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 Petition is disposed of by permitting the petitioner to qualify the NET/SET/APSET as and when the said examination is conducted by the respondent authorities. At any rate the petitioner 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. 5. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dated 30.09.2026 KGM Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 47 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.28384 of 2026 Dated 30.09.2026 KGM