HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.25189 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 petitioner 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 admitted to the 2^nd Petitioner institution in B.Tech 2^nd year Course for 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 students numbering 28 listed in Annexure P-1 whose admission was rejected and admitted in the 2nd petitioner institution under the left over vacant seats (spot admissions) category through Lateral Entry Category and treat the said admissions as valid for all purposes...”

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

The 1st petitioner promoted the 2nd petitioner institution for imparting training in Engineering and other technical courses. The 2^nd petitioner was sanctioned with B.Tech Civil Engineering 60 seats, B.Tech CSE ( Artificial Intelligence and Machine Learning) 180 Seats, B.Tech CSE (Data Science) 120 Seats, B.Tech CSE 300 Seats, B.Tech CSE 120 Seats, B.Tech EEE 60 Seats, and B.Tech Mechanical 60 Seats. The petitioners are entitled to fill the seats which remained vacant during first year course apart from 20% of additional sanctioned strength. The 2^nd petitioner was not able to fill up the vacant seats with locals and the management quota still fell vacant. Therefore, the petitioners proceeded to fill up 1 seat in civil, 1 seat in CSM, 6 seats in CSE, and 20 seats in Mechanical Engineering branches. The 3^rd respondent had rejected the admissions, the petitioners are constrained to approach this present writ petition. Aggrieved by the action of the 3^rd respondent in rejecting the admission of out of states students admitted to the 2^nd petitioner institution in B.Tech 2^nd year course for the academic year 2025-26, the petitioner approached this Court by filing the present writ petition with a direction to respondents to forthwith ratify and approve the admissions of out of state students numbering 28, whose admissions were rejected by the 3^rd respondent after having been admitted in the 2^nd petitioner institution.

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 C