HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.35039 OF 2025

ORDER:

Heard Sri P. Pandu Ranga Reddy, learned counsel

appearing on behalf of the petitioners, learned Assistant Government Pleader for Education, appearing on behalf of respondent No. 1 and Sri Prabhakar Peri, learned Standing Counsel for Jawaharlal Nehru Technological 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 admission of out of state students numbering 2 (Pharma-D) admitted to the 2^nd Petitioner institution in Pharma-D course for the academic year 2025-26 who were admitted under the left over vacant seats (spot admissions) category as being illegal, arbitrary, unconstitutional and violative of the several judgments passed by this Hon’ble Court and consequently direct the respondents to forthwith ratify and approve the admissions of said out of state students numbering 2 and listed in Annexure P-1 and further direct the respondents to treat the said admissions as valid for all purposes and pass such other order or orders as the Hon’ble

court may deem fit and proper in the circumstances of the case.”

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 1st petitioner promoted the 2nd petitioner institution for imparting training in D. Pharmacy, B. Pharmacy, M-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 was sanctioned with an intake of 100 seats in Bachelor of Pharmacy Course and 30 seats in Pharma-D course. The Convenor had handed over a total of 14 vacant seats after final phase of counseling to the 2^nd petitioner institution for the academic year 2025-2026. Out of 14 seats, 6 seats from Pharma-D course and 8 seats from B- Pharmacy Course were handed over by the Convenor to the 2^nd petitioner Institution. Accordingly, the petitioners have filled up 4 seat in Pharma-D course and 3 seats in B-Pharmacy Course with locals. The petitioners filled up two seats in Pharma-D course with out of State students when there were no local candidates available to fill up the said seats. The respondent No.3 rejected the said admission of 2 students belonging to out of State, which is contrary to law laid down by this Hon’ble Court. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition with a direction to respondents to ratify and approve the admissions of out of state students numbering 2 and to 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 Co