HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.34374 OF 2025

ORDER:

Heard Sri Syed Minaaz, learned counsel appearing on

behalf of the petitioners, learned Assistant Government Pleader for Education, appearing on behalf of respondent No. 1 and Sri T.Venkat Reddy, learned Standing Counsel

for Kakatiya University, appearing for respondent No.4.

2. The petitioners approached the Court seeking prayer

as under:

“……to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd respondent in rejecting the request of the petitioners to ratify the admission of out of state students numbering 12 admitted to the Petitioner No. 2 institution in B. Pharmacy and Pharm-D Courses during the academic year 2025-26 as being illegal, arbitrary unconstitutional and consequently direct the respondents to forthwith ratify and approve the admissions of out of state student numbering 12 and listed in Annexure P-1 whose admission was rejected and admitted in the Petitioner No. 2 institution under the left over vacant seats (spot admissions) category and further direct the respondents to

treat the said admissions as valid for all purposes……”

3. The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present writ petition is as under:

The 1^st petitioner society promoted the 2^nd petitioner institution for imparting training in B. Pharmacy and Pharma-D Courses. The 2^nd petitioner has been granted approval by the Pharmacy Council of India and affiliation by the 4^th respondent university. The 2^nd petitioner institution was sanctioned with an intake of 100 seats in Bachelor of Pharmacy Course and 30 seats in Pharma-D course by the Pharmacy Council of India. For the academic year 2025-26, several Convenor Quota seats remained vacant even after spot admissions due to lack of local candidates. The petitioners filled up remaining 12 vacant seats with qualified out-of-state students and requested for ratification of the same, after completion of the spot admission. The 3^rd respondent ratified only local admissions but rejected the 12 out- of-state admissions. Aggrieved by the same, the petitioners approached this Court by filing the present writ petition seeking a direction to the respondents to forthwith ratify and approve the admissions of out-of-state students and treat the said admissions as valid.

4. PERUSED THE RECORD:-

(A) The relevant portion of the order dated

20.11.2009 passed in W.P. No.24581 of 2009 and batch is extracted hereunder:

“…Except stating that the petitioners do not hail from the State of Andhra Pradesh, no other reason is stated by the respondents. This hardly constitutes any basis to refuse the approval for the admission of the petitioners. In a way, the stand of the respondents would be that let the seats go waste, but no candidate who is otherwise eligible be admitted. Such an approach cannot be countenanced, much less, would promote national integration, or merit in education.

Accordingly, the writ petitions are allowed. It is held that in case the petitioners hold the qualifications prescribed under the Rules, they shall be entitled to pursue the courses. There shall be no order as to costs.”

(B) The relevant portion of the order dated

05.07.2012 passed in W.P. No.31962 of 2011 is extracted hereunder:

“ …I have heard Sri C.Sudesh Anand, learned Standing Counsel for APSCHE, appearing for respondent No.2.

The learned Standing Counsel for APSCHE submitted that the issues raised in this Writ Petition were dealt with by this Court by Order, dated 20.11.2009, in W.P.No.24581 of 2009 and batch, wherein this Court has given exhaustive directions as to how the claim of the persons similar to the petitioners herein need to be considered.

In view of the same, this Writ Petition is disposed of in terms of the said Order with the direction that the reasons and directions contained therein shall form part of this order.

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