High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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 request of the petitioners to ratify the admission of out of state student admitted to the Petitioner No. 2 institution in B. Pharmacy 2nd year Course 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 1 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. lA NO: 1 OF 2025 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 impart training in B- Pharamacy Course including issuance of hall tickets, appearance in the examinations and declaration Of results to the said out of state student listed in Annexure P-1 whose admission was rejected by the 3rd respondent, pending the disposal of the writ petition. Counsel for the Petitioner : SRI M.SALEEM Counsel for the Respondents No.1 to3 : AGP FOR HIGHER EDUCATION Counsel for the Respondents No.4 : SRI T.VENKAT REDDY, SC FOR KU The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.33146 OF 2O25, ORDER: Heard Sri M.Saleem, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 to 3 and Sri T.Venkat Reddy, learned Standing Counsel for Kakatiya University, appearing for respondent No.4.

2. 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'd respondent in rejecting the request of the petitioners to ratify the admission of out of state student admitted to the Petitioner No.2 institution in B. Pharmacy 2nd year Course 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 1 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 fufther direct the respondents to treat the said admissions as valid for all purposes and pass..." l i: i, l' i! 2 SN, J w 33146-2029

3. support of the present writ petition is as under: i) The first petitioner, Balaji Education Society, established the second petitioner institution to offer B. Pharmacy and Pharm- D courses, approved by the Pharmacy Council of India and affiliated to the fourth respondent University. ii) For the academic year 2025-26, 100 seats were sanctioned in B. Pharmacy. After completion of TGECET-2025 Convenor quota admissions, certain seats remained vacant and were handed over to the management for filling under spot admissions. iii) During the spot admission process, the institution could not fill all the seats rrvith local candidates and accordingly admitted one eligible out-of-state student against the remaining vacant seat. However, the third respondent, while ratifying the spot admissions, rejected the acimission of the said student on the ground that he was a non-local candidate. Aggrieved by the same, the petitioners filed the present writ petition. .4" -'. 3 SN, J wp_33146_2025

4. PERUSED THE RECORD:- (A) The relevant oortion of the order dated 2O.11.2OO9 passed in W.P.No.24581 of 2OO9 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 O5.O7.2O12 passed in W.P.No.31952 of 2O11 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 'i I i I i _l ,l 4 SN,.I wp_-}3 1.1(r_2025 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 1 1343 of 2012 are disposed of.,,

5. The learned counsel appearing on behalf of the petir.ioners submits that the subject issue in the present writ petition is squarely covered by the order of this court dated 20.Lt 2009 passed in w.p.Nos.24581, 24462, 24590, 24708, 24709,24776, 24765,24766,2477r, 24792, 248L6, 248s7 and 24864 of 2009 batch of lvrit petitions.

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 0s.07.2012 passed in w.p.No.31962 of 2011 and the order dated 26.rt.20t4 passed in w.p.No.36003 of 2014 and the Division Bench of this Court vide its order.s dated 03.03.2022 in w.p.No.35335 of 2015 and batch and also the order of this court dated 13.10.2025_g2p.ssed in w.p.No.251B9 of , i l 5 SN. .I rvp_33 I46..,2025 2025 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 2O.11.20O9 oassed in W.P. Nos.24581, 24462, 2459(J. 24708, 24709, 247,.6, 24765. 24766. 2477L, 24792, 248L6. 24857 and 24864 ol 2OO9 and the order dated O3.03.2O22 in W.P.No.35335 of 2O15 and batch oassed bv Division Bench of this urt. Howev€r, there shall be no order as to costs. Miscellaneous petitions, if dfly, pending in this Writ Petitiori. shall stand closed //TRUE COPY// SD/. S. MALLIKARJUNA RAO ASSISTANT REGISTRAR 6 SECTION OFFICER To

1. The Princioql secretary, High.er Education Department, secretariat, Telangana State , Hyd-erab6d

2. The Secreta Hyderabad. ry, Telangana State councir of Higher Education, Masab rank,

3. Ihe Convenor, TGECET 2025 Admissions AND Commissioner of Technical Educator sankethika Vidya Bhavan, Misao tinr rivoeriuao _ soooza .o*lL I /

4. The Registrar, Kakatiya University, Warangal, Warangal District. 5. One CC to SRI tVl.SALEEfVl, Advocate' [OPUC] 6. Two ccs to GP FOR HIGHER EDUCATIoN, High court for the state of Telangana. tOUTI

7. One CC to SRI T.VENKAT REDDY, SC FOR KU' IOPUC] 8. Two CD CoPies. BSK MMT (Along with the 2015 & batch) Pnq.. Copy of Order dated 03.03-2022 passed in W'P'No' 35335 of I 'J HIGH COURT DATED:0311112025 ( \ \ h t ORDER WP.No.33146 of 2025 o o t * r{E1 S g llAJ 20?[ 2 * i.. ., i DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?r,al" It +\ rlx, THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI IIRIT PETITION Nos.35218. 352 757 35759 35763 3s477 358 359()2. 35905. 35914, 35915. 36223. 36251. 36259. 36266. 36270,36272. 362aO. 363A6. 36347, 36505. 36543. 3,6902. 36910. 37378. 37436. 37510. 37520. 38O14t 38O15. 381O9. 38173, 38305. 38634. 38645. 3 42485, 42541 &, 42982 of 2OLSz 397, 7L7. 157o. 295,6. 2960, 3O1O. 3O51. 4198. 6254. 7486. 7536. 7545 & 3O367 of2O16 COMMON ORDER : Per tte Hon'bte the chief Justice s(itish clwnd.ra shama) The record of the present cases reveals that the petitions were filed in respect of the academic years 2015-16 and 2016-17 relating to admissions into various courses. We are in the year 2022. The duration of courses is already over. Therefore, no further orders are required to be passed in the present cases. However, the question of law is left open. In case any of the petitioners have not completed their respective courses, they may be permitted to complete the same in accordance with the relevant rules. With the aforesaid, the writ petitions stand disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. SATISH CHANDRA SHARMA, G,' AAHINAND KUMAR SIIAVILI, J

03.o3.2022 JSU