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2026 DAILYLAW 1287 (AP)

Arpitha Srinivas College of Pharmacy, v. The State of Andhra Pradesh

WP/8866/2026 · 2026-04-19

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010176072026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8866/2026 Between: 1. ARPITHA SRINIVAS COLLEGE OF PHARMACY,, REPRESENTED BY ITS CORRESPONDENT SRI S. VENKATA SUBBAIAH, IPPATHANGALE VILLAGE, PUTTUR, TIRUPATI DISTRICT, ANDHRA PRADESH - 517 584 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI 522238 2. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ALCTE, REPRESENTED BY ITS .MEMBER SECRETARY, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI 3. THE CHAIRMAN, ALCTE, ALL INDIA CO EDUCATION, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110070. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in not refunding the security deposit amount of Rs. 15,00,000/ Petitioner institution to the AlCTE as illegal, arbitrary and violative of Articles IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8866/2026 ARPITHA SRINIVAS COLLEGE OF PHARMACY,, REPRESENTED BY ITS CORRESPONDENT SRI S. VENKATA SUBBAIAH, IPPATHANGALE VILLAGE, PUTTUR, TIRUPATI DISTRICT, ANDHRA 517 584 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI 522238 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ALCTE, REPRESENTED BY ITS .MEMBER SECRETARY, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110070. N, ALCTE, ALL INDIA COUNCIL FOR TECHNICAL NELSON MANDELA MARG, VASANT KUNJ, NEW ...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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in not refunding the security deposit amount of Rs. 15,00,000/ Petitioner institution to the AlCTE as illegal, arbitrary and violative of Articles IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE TWENTIETH DAY OF APRIL THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ARPITHA SRINIVAS COLLEGE OF PHARMACY,, REPRESENTED BY ITS CORRESPONDENT SRI S. VENKATA SUBBAIAH, IPPATHANGALE VILLAGE, PUTTUR, TIRUPATI DISTRICT, ANDHRA ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ALCTE, REPRESENTED BY ITS .MEMBER SECRETARY, NELSON 110070. UNCIL FOR TECHNICAL NELSON MANDELA MARG, VASANT KUNJ, NEW ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the therewith, the High Court may be issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in not refunding the security deposit amount of Rs. 15,00,000/- paid by the Petitioner institution to the AlCTE as illegal, arbitrary and violative of Articles 2 14 and 300-A of the Constitution of India, and consequently direct the Respondents to refund the said amount along with interest within such time as may be fixed by this Honourable Court, and pass such 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 may be pleased to direct the Respondents to consider the representation dated 19-08-2025 and release the security deposit amount of Rs. 15,00,000/- to the Petitioner, pending disposal of the writ petition in the interest of justice and pass such Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8866 OF 2026 ORDER: The present Writ Petition is filed questioning the action of Respondent Nos.2 and 3 in not refunding the security deposit amount of Rs.15,00,000/-, paid by the Petitioner/Institution to the AICTE, as illegal and arbitrary. 2. The Petitioner is an educational institution and was given permission to run Arpitha Srinivas College of Pharmacy at Ippathangale Village, Puttur, Chittoor District. The Petitioner/Institution was granted approval by Respondent No.2/All India Council for Technical Education (AICTE), for offering B. Pharmacy course, with an approved intake of 120 students. In pursuance of the same, the Petitioner/Institution got affiliation from Jawaharlal Nehru Technological University, Anantapur and commenced its academic activities. However, the courses offered by the Petitioner/Institution turned out to be financially and administratively unviable to continue the institution. 3. Thereafter, the Petitioner/Institution had addressed a letter to the Respondent No.2/AICTE for closure of the institution from the academic year 2016-2017 onwards. It was submitted that at the time of establishment of the institution, the Petitioner/Institution had 4 deposited a corpus amount of Rs.15,00,000/-, by way of CIB(Corporate and Investment Banking)/Retail Banking on 07.03.2013, as the same was a regulatory requirement. 4. In the light of the closure of the institution, the Petitioner/Institution had submitted representation, dated 19.08.2025 to the Respondent No.2/AICTE to refund the aforesaid corpus amount of Rs.15,00,000/- and as the same is not being considered, the present Writ Petition is filed. 5. Ms. M.Uma Devi, learned Standing Counsel for Respondent Nos.2 and 3/AICTE, submitted that the representation of the Petitioner/Institution would be considered in terms of the rules in vogue, and an appropriate decision will be conveyed to the Petitioner/Institution, as expeditiously as possible. 6. Considering the submissions, this Writ Petition is disposed of, with the following directions:- (i) The Respondents are directed to consider the representation, dated 19.08.2025 given by the Petitioner/Institution for refund of corpus amount of Rs.15,00,000/-, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order. (ii) There shall be no order as to costs. 5 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 20.04.2026 MDP