APHC010514662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 7th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27974/2026 Between: 1. SREE SAI MBA COLLEGE, UNDER SAI SIDDARTHA EDUCATIONAL SOCIETY REPRESENTED BY ITS SECRETARY AND CORRESPONDENT MADDY REDDY SREENIVASULU, S/O. MADDYREDDY SANJANNA ,D.NO.22- 49-B-3, PAGIDYALA ROAD NANDIKOTKUR, NANDYAL DISTRICT, ANDHRA PRADESH -518401 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 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 CONVENER, APICET-2026 ADMISSIONS, ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH522503 4. RAYALASEEMA UNIVERSITY, REPRESENTED BY ITS REGISTRAR KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH.518001 ...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 a Writ of Mandamus, declaring the action and inaction of Respondent Nos.1 to 4 in failing to issue a consequential Government notification and in failing to include the Petitioner institution Sree Sai M.B.A. College, Nandikotkur, College Code SSBM, in the APICET- 2026 counselling and admission process for the academic year 2026- 2027 in respect of the M.B.A. programme with an intake of 180 seats, notwithstanding the Extension of Approval granted by the 6th Respondent - AICTE vide F.No.South- Centra1/1- 46284570547/2026/E0A dated 16-03-2026 and the temporary affiliation granted by the 4th Respondent, Rayalaseema University vide Proceedings No.RUKNL/CDC/MBA/210/ Affiliation/A.Y.2026-27 dated 03-08- 2026, as illegal, arbitrary, unreasonable, violative of Article 14 of the Constitution of India and contrary to the scheme of the AICTE Act, 1987 and the Andhra Pradesh Education Act, 1982, and consequently direct 2 Respondent Nos.1 to 4 to issue the necessary consequential proceedings and include the Petitioner institution in APICET-2026 counselling/admissions for the M.B.A. programme with an intake of 180 seats and permit allotment and admission of eligible students, including through any further counselling and spot admissions permissible under the applicable rules, 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.1 to 4 to forthwith include Sree Sai M.B.A. College, Nandikotkur, College Code SSBM, in the APICET- 2026 counselling process for the M.B.A. programme with an intake of 180 seats as approved by AICTE and affiliated by Rayalaseema University, and to permit Petitioner institution to fill the approved seats through the legally permissible spot admission process, pending disposal of the Writ Petition Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.27974 of 2026 ORDER: 1. The learned counsel appearing for the petitioner submits that the petitioner is a Degree and Post Graduate Degree College and that it applied for permission to conduct Post Graduate Programmes, namely, Master of Business Administration (MBA) and B.B.A. Honours. The respondent No.4 has granted affiliation for an intake of 180 MBA seats and 120 B.B.A. Honours seats for the academic year 2026-2027. 2. It is submitted that the respondent No.2 ought to have issued the requisite proceedings enabling the petitioner-college to participate in the first phase of counselling. It is submitted that the respondent No.4 had accorded affiliation much prior to the commencement of the first phase of counselling; however, the respondent No.2 has so far not issued appropriate instructions permitting the petitioner-college to participate in the web counselling process. It is further submitted that the second phase of counselling has also been completed and that spot admission counselling is yet to be notified. 3. The learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 submits that the counselling process has been completed and that the petitioner could not participate in the counselling on account of the respondent No.2 not enabling the petitioner-college to participate in the web counselling. It is submitted that the process is online and that the respondent Nos.2 and 3 would have to issue 4 appropriate instructions to enable the petitioner-college to participate in the web counselling process. 4. The learned Standing Counsel appearing for the respondent No.4 submits that unless and until the respondent No.2 issues instructions enabling the petitioner-college to participate in the web counselling, the respondent No.4 is not in a position to enable the petitioner-college to participate in the web counselling process. 5. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 and the learned Standing Counsel appearing for the respondent No.4. Perused the material available on record. 6. The respondent No.4 accorded affiliation to the petitioner-college on 03.08.2026. The petitioner, having noticed that the name of the petitioner-college was missing from the list of eligible colleges for participation in the web counselling, addressed a letter to the respondent Nos.2 and 3 requesting them to include the name of the petitioner-college in the list of colleges eligible to admit students. 7. Considering the fact that the first and second phases of counselling have already been completed and that the spot admission counselling is yet to be notified, the respondent Nos.2 and 3 are directed to take appropriate steps to enable the petitioner-college to participate in the spot admission counselling for the sanctioned intake, subject to the 5 petitioner-college satisfying all the requisite eligibility conditions, as and when the schedule for spot admissions is notified. 8. With the above observations, 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 07.10.2026 Note : Issue CC by 08.10.2026 B/o.KGM Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 6 66 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.27974 of 2026 Dated 07.10.2026 CC by 08.10.2026 KGM