APHC010665292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34315/2025 Between: 1. RAJA FOUNDATION COLLEGE OF EDUCATION, REP BY ITS CORRESPONDENT SMT. BHUPANI KAVITHA KONA ROAD, MYLAVARAM, KADAPA DISTRICT, ANDHRA PRADESH - 516439. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF HIGHER EDUCATION SECRETARIAT, TULLUR, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, GOVERNMENT OF ANDHRA PRADESH REP BY ITS SECRETARY NEELADRI TOWERS, 6TH BATTALIAN ROAD, MANGALAGIRI, ANDHRA PRADESH 522503. 3. THE CONVENER, A.P.ED.CET-2025 1ST FLOOR. DIRECTORATE OF ADMISSIONS BUILDING ACHARYA NAGARJUNA UNIVERSITY NAGARJUNA NAGAR- 522 510 GUNTUR DISTRICT, ANDHRA PRADESH. 2 4. YOGI VEMANA UNIVERSITY, REP BY ITS REGISTRAR VEMANAPURAM, KADAPA ANDHRA PRADESH - 516005. 5. THE NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE REP BY ITS REGIONAL DIRECTOR G-7, SECTOR-10, DWARAKA 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 topleased to declare that the failure, neglect and inaction on the part of the 4th Respondent University, the 2nd Respondent, Andhra Pradesh State Council of Higher Education (APSCHE), and the 3rd Respondent, Convenor, APEDCET- 2025, in not considering the Petitioners request for grant of affiliation and in not permitting the Petitioner institution to participate in the admission and counselling process for the academic year 2025-26, notwithstanding the subsistence and restoration of recognition by virtue of the remand order of the Appellate Authority, is illegal, arbitrary, discriminatory and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently, to issue an appropriate writ, order or direction directing the 4th Respondent to forthwith accord affiliation to the Petitioner institution for the academic year 2025- 26 and direct the 2nd and 3rd Respondents to permit its participation in APEDCET-2025 counselling, and further to ratify and approve all admissions already made or to be made by the Petitioner institution for the academic year 2025-26 pursuant to such affiliation, thereby safeguarding the academic career and continuity of the students concerned and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 petition, the High Court may be pleased pleased to direct the direct the 4th Respondent University to forthwith grant affiliation to the Petitioner institution for the academic year 2025-26 and further direct the 2nd and 3rd Respondents, APSCHE and Convenor, APEDCET-2025 to permit the Petitioner to participate in counselling and allow admissions against the sanctioned intake of 100 seats, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. TENEPALLI NIRANJAN (SC FOR Y V UNIVERWSITY)) 3. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) 4. K RADHIKA The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.34315 OF 2025 O R D E R: The present Writ Petition is filed questioning the action of Respondent No.4/University and Andhra Pradesh State Council of Higher Education (APSCHE) in not considering the request of the Petitioner for affiliation and not permitting the Petitioner/Institution to participate in the counseling process for the academic year 2025-2026, as illegal and arbitrary. 2. The Petitioner is an educational institution offering courses in teacher education and was granted recognition by the National Council for Teacher Education (for short, ‘NCTE’) on 17.09.2007 with an intake capacity of 100 seats for Bachelor of Education (for short, ‘B.Ed.’) program. Subsequently, on 16.10.2018, Respondent No.5/NCTE vide F.SRO/NCTE/APSO7201/B.Ed/AP/2019/13417 issued a show- cause notice against the Petitioner/Institution pointing out thirteen (13) deficiencies. Though the Petitioner/Institution submitted an explanation, the Respondent No.5/NCTE passed a withdrawal order vide F.SRO/NCTE/APSO7201/B.Ed 5 /AP/2019/13945 dated 17.01.2020 with regard to the deficiencies relating to land usage, building plan approval, infrastructure, faculty, and non-submission of Form-A FDRs. 3. An appeal was filed by the Petitioner as provided under the National Council for Teacher Education Act, 1993 (hereinafter referred to as ‘the Act’) and the appellate authority vide its orders in F.No.89-61/E- 155214/2020Appeal/12th Mtg-2020/24th July, 2020/93054 dated 10.09.2020 remanded the issue to the original authority for fresh consideration. On remand, as no orders were passed by the original authority under the Act, the Petitioner filed W.P.No.1872 of 2024 questioning the action of the Respondents in not permitting the Petitioner to participate in the counseling process for the earlier academic years. This Court taking note taking note of the fact that the issue was remanded to the original authority, set-aside the order of withdrawal by NCTE had permitted the Petitioner to participate in APEDCET-2023 counseling. Since, similar objections were passed for this year also, the present Writ Petition is filed. 6 4. At the time of hearing, learned counsel for the Petitioner passed on order passed by the original authority vide F.No.SRC/NCTE/APSO7201/B.Ed./AndhraPradesh/484thMtg./ 2026/152224 dated 23.01.2026 under the Act, restoring the recognition to the Petitioner/Institution. The Paragraph No.9/Operative portion of the order reads as under:- “9. NOW THEREFORE, in view of the above order passed by Appeal Remand Back Case, the status of Raja Foundation College of Education, Kona Road, Mylavaram, Kadapa-516439, Andhra Pradesh for B.Ed. programme for 2 basic units of 50 students (Total intake = 100 students) is restored.” 5. Sri Tenepalli Niranjan, learned Standing Counsel for Respondent No.4/University submits that in the light of the order passed by the original authority, the Respondent No.4/University will examine the affiliation aspect to the Petitioner/Institution in terms of Section 14(6) of the Act. 6. In the light of restoration of the recognition, the Respondent No.4/University is bound to examine the affiliation as provided under Section 14(6) of the Act. Accordingly, the Writ Petition is disposed of with the following directions:- (i) The Respondent No.4/University is directed to examine 7 the issue of affiliation to the Petitioner/Institution in terms of Section 14(6) of the Act, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.02.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 76 WRIT PETITION NO:34315/2025 Dt. 09.02.2026 chs