Citation : 2025 Latest Caselaw 6555 Tel
Judgement Date : 18 November, 2025
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION 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 3rd respondent in rejecting the admission of out of state students numbering 2 (Pharma-D) admitted to the 2nd 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
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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 2nd petitioner has been granted
approval by the Pharmacy Council of India and affiliation by the
4th respondent university. The 2nd 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 2nd
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 2nd
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
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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."
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(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.
As a sequel, WPMP.Nos.39664 & 39665 of 2011 and 11343 of 2012 are disposed of."
5. The learned counsel appearing on behalf of the petitioners
submits that the subject issue in the present writ petition is
squarely covered by the order of this Court dated 20.11.2009
passed in W.P.Nos.24581, 24462, 24590, 24708, 24709, 24716,
24765, 24766, 24771, 24792, 24816, 24857 and 24864 of 2009
batch of writ petitions.
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6. The learned counsel appearing on behalf of the petitioners
further submits that the subject issue is also covered by the
order of this Court dated 13.10.2025 passed in W.P. No.25189 of
2025, order dated 05.07.2012 passed in W.P. No.31962 of 2011
and the order dated 26.11.2014 passed in W.P. No.36003 of
2014 and also the Division Bench of this Court vide its order
dated 05.11.2015 passed in W.P. No.35335 of 2015 and hence
the present writ petition could be disposed of in similar lines.
7. The learned counsel appearing on behalf of the
respondents does not dispute the said submissions made by the
learned counsel appearing on behalf of the petitioners.
8. The present writ petition is disposed of in terms of
the order dated 13.10.2025 passed in W.P. No. 25189 of
2025, order dated 20.11.2009 passed in W.P. Nos.24581,
24462, 24590, 24708, 24709, 24716, 24765, 24766,
24771, 24792, 24816, 24857 and 24864 of 2009 and the
order dated 05.11.2015 in W.P. No35335 of 2015 passed
by Division Bench of this Court. However, there shall be
no order as to costs.
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Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 18.11.2025 Note:
Issue cc by 25.11.2025 (B/o) Skj
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HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.35039 of 2025
Dated : 18.11.2025
Note:
Issue cc by 25.11.2025 (B/o) Skj
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