APHC010140372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7756/2026 Between: 1. DIVYA EDUCATIONAL SOCIETY, REPRESENTED BY ITS PRESIDENT, RAVI L.V.S.N.A., S/O.L SURYA RAO, REGISTRATION NO. 74/2025, R/O.FLAT NO. 201, ESWARI TOWERS, SRINIVASA NAGAR 100 FT RING ROAD, VIZIANAGARAM, ANDHRA PRADESH - 535002 ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT AMARAVATI, ANDHRA PRADESH. 2. THE COMMISSIONER OF HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH COMMISSIONERATE OF HIGHER EDUCATION, MANGALAGIRI GUNTUR DISTRICT, ANDHRA PRADESH - 522503. 3. ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION APSCHE, REP. BY ITS CHAIRMAN 3RD, 4TH, 5TH FLOORS, NEELADRI TOWERS, SRI RAM NAGAR 6TH BATTALION ROAD, ATMAKUR(V), MANGALAGIRI(M) GUNTUR - 522 503, ANDHRA PRADESH. 4. THE CHAIRMAN, ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION (APSCHE) 3RD, 4TH, 5TH FLOORS, NEELADRI TOWERS, SRI RAM NAGAR 6TH BATTALION ROAD, ATMAKUR(V), MANGALAGIRI(M) GUNTUR - 522 503, ANDHRA PRADESH. 2 5. THE SECRETARY, ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION (APSCHE) 3RD, 4TH, 5TH FLOORS, NEELADRI TOWERS, SRI RAM NAGAR 6TH BATTALION ROAD, ATMAKUR(V), MANGALAGIRI(M) GUNTUR - 522 503, ANDHRA PRADESH. ...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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 2ND and 3RD Respondents in processing the petitioner's application for establishment of a new Law College (Srinivasa Law College) at Vizianagaram as arbitrary, illegal and in violation of well-settled principles of natural justice and Articles 14 and 19 (1)(g) of the Constitution and consequently direct the respondents to process the application of the petitioner for establishment of a new law college at Vizianagaram and pass such other orders. 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 to direct Respondents to receive, process, and consider the Petitioner's application and issue appropriate proceedings forthwith within a time-bound period and pass such other orders. Counsel for the Petitioner: 1. KALLA GUNA SEKHAR Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. K RADHIKA The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7756 of 2026 ORDER: 1. The present Writ Petition is filed questioning the inaction of Respondent Nos.2 and 3 in processing the Petitioner’s application for establishment of a new Law College (Srinivasa Law College) at Vizianagaram, and to declare the same as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner is an education society. While so, Respondent No.3 had issued a Notification No. APSCHE/AC/New Colleges/ 2026-27, dated 19.07.2025 inviting applications for establishment of New Private Unaided Law Colleges for the Academic Year 2026-27 in the State of Andhra Pradesh. Pursuant thereto, the Petitioner submitted an application with requisite details vide Application No.Law2520123, dated 07.08.2025. Subsequently, Respondent No.3 informed the Petitioner that the Bar Council of India (BCI) had declared a moratorium on granting approval for new Law Colleges and new Law Programmes across the country citing BCI Press Release dated 13.08.2025. On 03.02.2026, Respondent No.5 informed the Petitioner that a decision has been taken to return all the proposals for establishment of new Law Colleges along with the processing fee and the Petitioner was requested to provide the bank details for refund of processing fee. 4 3. Subsequently, the Bar Council of India revoked the moratorium and notified the last date for submission of proposals for establishment of new Law College for the Academic Year 2025-26 as 31.03.2026. Parallelly, the State Government has issued G.O.Ms.No.3, Higher Education (C.E.A1) Department, dated 27.02.2026, whereunder the powers of Respondent No.3 were conferred by Respondent No.2. In the light of the revocation of the moratorium by the BCI, the Petitioner submitted representations on 01.03.2026, 06.03.2026 and 08.03.2026 for consideration of the Petitioner’s proposals. As the representations of the Petitioner are not being considered, the present Writ Petition is filed. 4. Learned Government Pleader for Higher Education appearing for Respondent Nos.1 and 2 would submit that Respondent No.2 being the concerned authority in view of G.O.Ms.No.3, dated 27.02.2026 would examine the application of the Petitioner subject to Petitioner submitting fresh application to Respondent No.2. The learned Government Pleader would further submit that the processing fee of Rs.36,000/- would be appropriated to the application to be given by the Petitioner. 5. Smt.K. Radhika, learned Standing Counsel for APSCHE appearing for Respondent Nos.3, 4 and 5 would submit that the proposals were returned on 03.02.2026 and also submits that 5 Respondent No.3 does not have any authority as on date in view of G.O., referred supra. 6. Heard the respective counsels. 7. Considering the submissions, the Writ Petition is disposed of, with the following directions; (i) The Petitioner shall submit fresh application to Respondent No.2 for establishment of new Law College in terms of the Notification dated 19.07.2025 within a period of one (1) week from today; (ii) On receipt of the same, Respondent No.2 shall examine the same and issue necessary instructions to the concerned authorities; (iii) Considering the peculiar scenario, the deadline on 31.03.2026 is extended by one (1) week to enable the Petitioner to submit his application to Respondent No.2; (iv) The processing fee paid by the Petitioner shall be appropriated by Respondent No.2; (v) No order as to costs. 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 31.03.2026 IS 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7756 of 2026 Date: 31.03.2026 IS