1 APHC010476102026 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: 25899/2026 Between: 1. BONTHU HIMASRI BINDU, W/O UMA MAHESWARA RAO, AGED ABOUT 37 YEARS, OCCUPATION LECTURER PRESENTLY WORKING IN HAYAGRIVA COLLEGE OF EDUCATION, CHATRAI MANDAL, KOTAPADU, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER 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, 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 orally refusing to ratify the candidature of the Petitioner as Lecturer in the 4th Respondent Hayagreeva College of Education for the academic year 2026-27 solely on the ground of non-possession of National Eligibility Test qualification, notwithstanding the continuous ratification of her candidature from AY 2018-19 till AY 2025-26 and without issuing notice, affording opportunity of hearing, communicating the material relied upon or passing a reasoned order, as arbitrary, illegal, unreasonable, disproportionate and 2 violative of Articles 14 and 21 of the Constitution of India and principles of natural justice, and consequently direct Respondent Nos.2 and 3 to reconsider and ratify the Petitioner's candidature for AY 2026-27 by granting reasonable transitional time, preferably three years or such reasonable period as this Honourable Court may deem fit, to acquire the requisite eligibility qualification through UGC-NET and/or APSET in the appropriate subject 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 provisionally continue and ratify the candidature of the Petitioner as Lecturer in English in the 4th Respondent College for the academic year 2026-27, without rejecting her candidature solely on the ground of non-possession of NET qualification, pending disposal of the Writ Petition, and pass such other order or orders as this Honourable Court may deem fit and proper. pending disposal of the above writ petition Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GADDE KOTI NAGULU SC For Adikavi nannaya University 2. GP FOR HIGHER EDUCATION 3. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25899 of 2026 ORDER: The petitioner is aggrieved by 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 petitioner is still have substantial service left. However, staff ratification process in terms of the latest NCTE norms would mandate the petitioner to qualify in NET/SET/APSET. 2. Learned counsel for the petitioner 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 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 staff ratification process is required as per the latest NCTE norms dated 1 (2025 Livelaw (SC) 861) 4 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. With the above observation, the 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 Dated 28.09.2026 KGM Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 139 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.25889 of 2026 Dated 28.09.2026 KGM