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2026 DAILYLAW 27407 (AP)

SWARNA BHARATHI EDUCATIONAL TRUST v. THE STATE OF ANDHRA PRADESH

WP/35718/2025 · 2026-01-05

K Sreenivasa Reddy

body2026

Judgment text

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APHC010692482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 35718/2025 Between: 1. SWARNA BHARATHI EDUCATIONAL TRUST, FLAT NO 104, C- BLOCK, RATNA RESIDENCY, P M PALEM, VISHAKHAPATNAM, VISHAKHAPATNAM, ANDHRA PRADESH- 530001, REP. BY ITS CHAIRMAN, ADABALA SRI VENKATESWARA RAO 2. BHIMAVARAM INSTITUTE OF ENGINEERING AND TECHNOLOGY,, D.NO 7-54/1, SWAMY JNANANANDA ASRAMAM ROAD, NEAR RAILWAY STATION, PENNADA, ANDHRA PRADESH- 534244, REP. BY ITS CHAIRMAN, ADABALA SRI VENKATESWARA RAO 3. ADABALA SRI VENKATESWARA RAO,, S/O SATYANARAYANA MURTY (LATE), D.NO 3-168/3, TURPUPALEM VILLAGE, NEAR SATYA SAI MANDEER, MALKIPURAM MANDAL-533244, EAST GODAVARI DISTRICT, ANDHRA PRADESH, ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT 2. THE CONVENER, POLYCET-2025 ADMISSIONS OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, DOOR NO 11-307, GARUDADRI K.K. TOWERS, FLAT NO. 501, 6TH PJOOR, LAKSHMI NARASIMHA COLONY, NEAR DR. Y.S.R. AAROGYASRI HEATH CARE TRUST, MANGALAGIRI, GUNTUR DISTRICT 522 503 SRK, J W.P.No.35718 of 2025 2 3. STATE BOARD OF TECHNICAL EDUCATION AND TRAINING, REP.BY. SECRETARY, DOOR NO 11-307, GARUDADRI K.K. TOWERS, FLAT NO. 501, 5TH PIOOR, LAKSHMI NARASIMHA COLONY, NEAR DR. Y.S.R. AAROGYASRI HEATH CARE TRUST, MANGALAGIRI, GUNTUR DISTRICT- 522 503 ...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 ISSUE an order or orders or Writ of Mandamus declaring that the action of the 2nd respondent in refusing to ratify the list of students in to the 2nd petitioner institution under SPOT ADMISSION QUOTA total 11 Students admitted in Diploma in Artificial Intelligence Sc, Machine Learning who belongs to the other states for the academic year 2025-2026 as illegal, arbitrary, uneonstitutional and contrary to the provisions of Presidential Order 1974, further direct the respondents to consider all the list of admissions 1. Shivam Kumar S/o. Shyam Dev Kumar 2. Deepak Kumar S/o. Shyam Dev Kumar 3. Prem Prakash Kumar S/o. Jayprakash Sarswati 4. Esha Kumari D/o. Ramniwas Pandit 5. Manisha Kumari D/o. Ramniwas Pandit 6. Manisha Kumari D/o. Chalo Pandit 7. Abhishek Kumar S/o. Ashok Sharma 8. Rakesh Kumar S/o.Barun Singh 9. Sujit Kumar S/o. Bajrangi Das 10. Mankush Kumar S/o. Sakichan Tanti 11. Komal Kumari D/o. Ravinder Singh made by the 2nd petitioner in left over seats as valid and approve the admissions made by the petitioners, to direct the respondents to ratify the list of 11 students admitted by the 2nd petitioner and to treat the same as valid for all purposes including appearing in the examinations, pending disposal of the main Writ petition or to pass such other order or orders as this Honorable Court may deem fit and proper in the circumstances of the case else I will put to irreparable loss and hardship in the interest of the Justice. Counsel for the Petitioner(S): 1. CHALLA AJAY KUMAR Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION SRK, J W.P.No.35718 of 2025 3 The Court made the following ORDER: The present Writ Petition has been filed, under Article 226 of the Constitution of India, seeking the following relief:- “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2nd respondent in refusing to ratify the students who were admitted into the 2nd petitioner institution under spot admission quota i.e. 11 students in Diploma in Artificial Intelligence & Machine learning belong to other states who were admitted for the Academic Year 2025-2026, as being illegal, arbitrary, unconstitutional and further direct the respondents to ratify and approve the admissions of out of State students (11 in number) admitted in the 2nd petitioner institution under the left over vacant seats (spot admissions) category and treat the said admissions as valid for all purposes.” 2. Heard Sri Challa Ajay Kumar, learned counsel for the petitioners, and learned Assistant Government Pleader for Education for the respondents and with their consent, this Writ Petition is disposed of at the admission stage. 3. Learned counsel for the petitioners would submit that the present matter is squarely covered by the common order passed by this court on 20.11.2009 in W.P.No.24581 of 2009 and batch; SRK, J W.P.No.35718 of 2025 4 therefore, he prayed to dispose of this Writ Petition in terms of the aforesaid order. 4. Learned Assistant Government Pleader, on instructions, reported no objection for disposing of the present Writ Petition in terms of the aforesaid order. 5. Accordingly, this Writ Petition is allowed in terms of the common order, dated 21.11.2009, passed in W.P.No.24581 of 2009 and batch. There shall be no order as to costs. 6. The Registry is directed to enclose a copy of the common order, dated 21.11.2009, passed in W.P.No.24581 of 2009 and batch along with this order. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date: 06.01.2026 sj SRK, J W.P.No.35718 of 2025 5 249 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.35718 of 2025 Date: 06.01.2026 sj