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2026 DAILYLAW 8433 (AP)

S.R. D.Ed College v. The Principal Secretary

WP/16039/2026 · 2026-08-16

Kiranmayee Mandava

body2026

Judgment text

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APHC010304552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16039 OF 2026 Between: 1. S.R. D.Ed College, Represented by its Chairman and Correspondent Sri. Syed Rafiq Ahamed N.R.T. Road, Vinukonda, Palnadu District, Andhra Pradesh ...Petitioner AND 1. The Principal Secretary, Department of School Education Government of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh 522238 2. The Commissioner of School Education Government of Andhra Pradesh, Venkatadri Towers, opp. DGP Office Besides Happy Resorts Atmakur, Mangalagiri Guntur Andhra Pradesh522503 3. The Convener, DEECET-2026, Office of the Regional Joint Director of School Education, Guntur, Andhra Pradesh.522001 4. The National Council for Teacher Education NCTE, Represented by its Regional Director, Southern Regional Committee, G-7, Sector-10, Near Sector-10 Metro Station, Dwarka, New Delhi - 110075. ...Respondents 2 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 direct the Respondents to permit the Petitioner Institution to admit students against the sanctioned intake of 200 seats for the academic year 2026-2027 pending disposal of the Writ Petition, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. pending disposal of the above writ petition and to pass 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 the Respondents to permit the Petitioner Institution to admit students against the sanctioned intake of 200 seats for the academic year 2026-2027 pending disposal of the Writ Petition, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. pending disposal of the above writ petition and to pass IA NO: 2 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 the Respondents to grant affiliation to the Petitioner Institution for the academic year 2026-2027, pending disposal of the Writ Petition, and pass IA NO: 3 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 vacate the interim orders granted on 22.06.2026 in WP No. 16039 of 2026, in the interest of justice and may be pleased to pass Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI Counsel for the Respondents: GP FOR SCHOOL EDUCATION 3 Counsel for the Respondents: VENNA HEMANTH KUMAR (CENTRAL GOVERNMENT COUNSEL) The Court made the following Order: Heard Sri Vijay Mathukumilli, learned counsel for the petitioner and learned Government Pleader for School Education. 2. The petitioner is an educational institution offering, among other courses, a Diploma Course in Elementary Education (D. El. Ed). The National Council for Technical Education (NCTE) initially granted the necessary approval for an intake of 50 students. In subsequent years, this was increased to 200 students. The respondent No.4, NCTE, vide proceedings dated 12-04-2021, withdrew the recognition. Against which the petitioner has filed an Appeal before the Appellate Authority. In the said appeal, the matter was remanded to the respondent No.3. Pursuant to the remand, the 3rd respondent by its order dated 13-04-2026 had passed the order of restoration of recognition. The petitioner had accordingly approached the authorities seeking affiliation. As the same was not granted, the petitioner had approached this court by way of the instant writ petition. 3. The respondents filed counter affidavit contending that at present 14 Government and 16 Private D.El.Ed., Colleges are functioning in the state, which are sufficient to meet the existing demand for the D.El.Ed., course. It is further stated that approximately 35% of seats in Government D.El.Ed., Colleges remain unfilled, while the average seat occupancy in Private D.El.Ed., Colleges is only about 20%. Even if the students are admitted to 4 Private institutions were accommodated in Government D.El.Ed., Colleges, nearly 15% of seats would still remain vacant in Government institutions. In view of the same, it is argued that sanctioning any additional private D.El.Ed., Colleges in the state, would not arise. 4. Today, vide a separate order in W.P.Nos.12233 & 12256 of 2026 dated 17-08-2026, the similar contentions of the respondents as raised in the instant writ petition were negated by me. 5. In the light of the said order, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to pass appropriate orders on the representation of the petitioner dated 05-06-2026 seeking grant of affiliation for the academic year 2026-27, in accordance with law. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 17-08-2026 Note: Issue CC by 19-08-2026 B/o. MSI/MVK 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16039 OF 2026 Dated: 17-08-2026 Note: Issue CC by 19-08-2026 B/o. MSI/MVK