APHC010558902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28797/2025 Between: 1. MOHAN BABU UNIVERSITY, REP BY ITS REGISTRAR, SITUATED AT SREE SAINATH NAGAR, TIRUPATI, ANDHRA PRADESH-51710 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, TULLURU, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, GARUDADRI, KK TOWERS, LAKSHMI NARASIMHA COLONY NEAR NTR VAIDYA SEVA TRUST, MANGALGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, NEELADRI TOWERS, 6 TH BATTALION ROAD MANGALAGIRI, ANDHRA PRADESH 4. THE CONVENOR, APEAPCET-2025, D.NO.11-307, GARUDADRI K.K TOWERS, LAKSHMINARASIMHA COLONY, BYPASS ROAD, NEAR NRI HOSPITALS, MANGALAGIRI, GUNTUR DISTRICT-522503 ...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 to issue an appropriate writ or order or direction more particular in the nature of Writ of Mandamus declaring the action of the 2 Respondents herein, more particularly the Respondent No.2 in failing to consider, accept and Notify the Intake Capacity of the MB School of Pharmaceutical Sciences (The Pharmacy Department of the Petitioner herein) as granted by the Apex Body .i.e.. Pharmacy Council of India for the following Courses Namely B.Pharmacy, Pharm.D, Pharm.D(PB), M.Pharmacy-Pharmaceutics, M.Pharmacy-Pharmaceutical Analysis, despite M B U/R EG/CTE/2025-26/54/02the Letter bearing Dt. 19.09.2025 having been addressed to the Respondent No.2 seeking to conduct Web Based Admission counselling for the Academic Year 2025-26 as being illegal, arbitrary, violative of Principles of Natural Justice and an abdication of Duty and consequently direct the Respondent Nos.1 and 2 to forthwith issue the necessary Government Orders and Notifications reflecting the approved intake capacity of MB School of Pharmaceutical Sciences (The Pharmacy Department of the Petitioner herein) for the following courses B.Pharmacy Pharm,D, Pharm.D (PB), M.Pharmacy (Pharmaceutics), and M.Pharmacy (Pharmaceutical Analysis), thereby enabling its inclusion in the ongoing APEAPCET-2025 web-based counselling for admissions for the academic year 2025-26 and pass such other orders. IA NO: 1 OF 2025 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 to direct Respondent No.4 to include the name of Petitioner University’s “MB School of Pharmaceutical Sciences” (The Pharmacy Department of the Petitioner herein) in the ongoing APEAPCET-2025 web-based counselling for admissions for the academic year 2025-26 pending disposal of the Writ Petition and pass such other orders. Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. K RADHIKA The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28797 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of Respondent No.2 in failing to consider, accept and notify the intake capacity of “MB School of Pharmaceutical Sciences” (The Pharmacy Department of Petitioner herein) as granted by the Apex Body i.e. Pharmacy Council of India for the following courses viz., B. Pharmacy, Pharm. D, Pharm. D (PB), M. Pharmacy-MBU/REG/CTE/2025-26/54/02, dated 19.09.2025, as illegal and arbitrary. 2. The Petitioner-University offers courses to the students in Pharmacy and the Pharmacy Council of India vide Letter MBU/REG/CTE/2025- 26/54/02 dated 19.09.2025 had approved and granted permissions for the Academic Year 2025-26 in the courses referred above with a total intake capacity of ‘170’. The courses and the seats allotted by the Pharmacy Council of India are tabulated below; Sl.No. Academic Program Type Course/ Program Branch/ Specialization Intake Approved by the PCI for the A.Y 2025-26 01 Degree Pharmacy Pharmacy B. Pharmacy 100 02 Degree Pharmacy Pharm. D Pharm. D 30 03 PG Pharmacy Pharm. D (PB) Pharm. D (PB) 10 04 PG Pharmacy M. Pharmacy M Pharmacy – Pharmaceutics 15 05 PG Pharmacy M. Pharmacy M Pharmacy- Pharmaceutical Analysis 15 Total: 170 4 3. Though the Petitioner had obtained necessary permissions, the Petitioner-University was not notified the intake capacity by Respondent No.2 and the opportunity to participate in the APEAPCET-2025 web-based counseling was denied. On 16.10.2025 this Court passed interim orders directing Respondent No.4-Convenor to include the Petitioner-University in the ongoing APEAPCET-2025 web-based counseling for admission for the Academic Year 2025-26 without awaiting issuance of a separate Government Order by Respondent No.1. 4. It is stated that pursuant to the interim orders of this Court, the Petitioner-University was permitted to participate in the counseling and students were admitted into the Petitioner-University. The grievance of the Petitioner is that a formal order from the State Government is required as prescribed under the provisions of G.O.Rt.No.153, Higher Education (RM) Department dated 01.10.2024. 5. Learned Assistant Government Pleader for Higher Education appearing for the Respondent Nos.1, 2 and 4 would submit that appropriate decision will be taken by the State Government for issuing the formal notification specifying the intake capacity. 6. In view of the submissions made, this Court disposed of the Writ Petition with the following directions; 5 (i) Respondent No.1 is directed to examine and issue intake capacity to the Petitioner educational institution as required under the Rules within a period of eight (8) weeks from the date of receipt of a copy of this order; (ii) No order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 29.01.2026 IS 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28797 of 2025 Date: 29.01.2026 IS