Disposed

Sarada B.PEd College v. The State of Andhra Pradesh

Andhra Pradesh HC4 Jan 2024WP/152/2024

Case brief

AI extract

What is this about?

A B.P.Ed college challenged the reduction of online counselling duration to one week, which prevented filling Management quota seats. Based on the respondents' concession on oral instructions, the court directed a further one-week extension of counselling through off-line mode for the petitioner institution only.

What did the court decide?

Respondents directed to extend counselling for B.P.Ed admissions (2023-24) by one further week through off-line mode for the petitioner institution only, to admit Management quota candidates.

Sarada B.PEd College Vs The State of Andhra… — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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FRIDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 152 OF 2024

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Between;

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Sarada B.PEd College, Rep by its Correspondent U. Sharada Korisepadu Mandal, Prakasam District, Andhra Pradesh - 523 212. ...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Higher Education Department Secretariat, Tullur, Velagapudi,^{GunturDistrict.}

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The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep. by its Secretary, B-Block, 4th Floor, Sri Anjaneya Towers NTTPS Road, Ibrahimpatnam, Vijayawada-521456.

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The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh, Rep. by its Chairman B-Block, 4th Floor, Sri Anjaneya Towers NTTPS Road, Ibrahimpatnam, Vijayawada-521456.

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The National Council for Teacher Education Southern Regional Committee, Rep. by its Regional Director G-7, Sector-10, Dwaraka New Delhi - 110075.

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Acharya Nagarjuna University, Rep. by its Registrar Nagarjuna Nagar, Guntur District Andhra Pradesh.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action on the part of 2"^ and Respondents State Council for Higher Education in restricting the duration of online counselling for admissions into B.PEd Course for the academic year 2023-24 to ONE week so as to enable the Petitioner-Institution to admit the candidates in Management quota as per the sanctioned strength, as being arbitrary, illegal, unwarranted and violative of Articles 14 and 19 of the Constitution of India and consequently direct the 2nd and 3rd Respondents to extend the schedule of counselling spot admissions for the academic year 2023-24 for B.P.Ed Course and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. lA NO; 1 OF 2024

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• Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased

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to direct the 2 nd and 3'"^ Respondents to extend the schedule of online counselling for spot admissions, beyond one week to enable the students take part in the counselling for the academic year 2023-24 for B.P.Ed Course, pending disposal of the Writ Petition, in the interest of justice.

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Counsel for the Petitioner: SRI MATHUKUMILLI SRI VIJAY

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Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION

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Counsel for the Respondent Nos.2 & 3: M/s. S. PARINEETA, SC FOR APSCHE

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Counsel for the Respondent No.4: SRI V. HEMANTH KUMAR, SC FOR NOTE

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Counsel for the Respondent No.5: SRI MURALI LINCON, SC FOR ANU

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No. 152 of 2024

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ORDER:

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This Writ Petition is filed under Article 226 of

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Constitution of India for the following relief:

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*«...to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action on the part of 2"“^ and 3^’^ Respondents State Council for Higher Education in restricting the duration of online counseling for admissions into B.PEd Course for the academic year 2023-24 to ONE week so as to enable the PetitionerInstitution to admit the candidates in Management quota as per the sanctioned strength as being arbitrary illegal unwarranted and violative of Articles 14 and 19 of^the Constitution of India and consequently direct the 2"^^and 3'^ Respondents to extend the schedule of counseling^spot admissions for the academic year 2023-24 for B. P.Ed Course..”

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Heard learned counsel for the petitioner as well as^learned counsel appearing for the respondents.

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The grievance of the petitioner is th^t the Petitioner * institution is offering Bachelor of Physical Education^(B.PEd) course which are in great demand to the students of^Guntur District as also surrounding Districts of Andhra Pradesh; as a regular practice, every academic year, the counseling for admissions to the Bachelor of Physical Education takes^place through online mode which will span for about 20 days^paving the managements of the institutions to fill the ‘candidates^asper

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sanctioned strength. Whereas when it has been reduced to onlyone week for the online counseling for the present^academic year 2023-24, several institutions including the Petitioner Institutions are finding it difficult to fill the seats^underthe Management Quota. Hence, the present Writ Petition.

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• During the course of hearing, learned Standing^Counsel appearing for the respondents 2 and 3 produced a copy of instructions dated 04.01.2024, received from the respondents³ and 4, wherein it is stated that - the respondents issued notification for the APPECET-2023 Private Colleges CAT-B admissions notification dated 23.11.2023 to 01.12.2023 in that without late fee from 23.11.2023 to 27.11.2023 (5 days)^and with late fee from 28.11.2023 to 01.12.2023 (4 days), giving 09 days to up load the CAT-B admissions for the B.PEd course. That period was not utilized by the petitioner. Further submitted that the respondents has issued APPECET-2023 Private Colleges CAT-B admissions based on the Academic Calendar for the year 2023-24 of the B.PEd course. As per the Academic Calendar the class work started on 23.10.2023, will continue till 24.02.2024, any extension of time for CAT-B admission will adversely affect the Academic Calendar.

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Today when the matter is taken up, Jearned Standing Counsel appearing for the respondents 2 and 3, on oral instructions, submits that in general course of practice,^such extension of time cannot be granted. However, keeping^inview of the interest as well as the career of the students, the petitioner Institution can be granted a further period of only one week for off-line mode counseling.

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In view of the same, instead of keeping the Writ Petition pending, this court feels it appropriate to dispose^oftheWrit Petition, directing the respondents to extend 1*he counseling for admissions into B.PEd Course for the academic year^2023-24 for a further period of ONE week through off-line mode in respect of the Petitioner-Institution only to admit the candidates in Management quota as per the sanctioned strength, There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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SDI- B. PRASADA RAO ASSISTANT REGISTRAR SECTlbN^FFICER

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//TRUE COPY//

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To, ’■ D^P^rtment, State of Andhra Pradesh, Secretariat, Tullur, Velagapudi, Guntur District

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1. The Secretary Andhra Pradesh State Council for Higher Education NTT^PS^oad°ih'^h^^'^^ S'"' Anjaneya Towers

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o -ru ^ ’brahimpatnam, Vijayawada-521456 CoLrnm Pradesh State Council for Higher Education N^TpSRradlfh Anjaneya Towers N I I PS Road, Ibrahimpatnam, Vijayawada-521456.

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_ ■ Regional Committee,Director,* G-7,National%Sector-10,t CouncilDwarakafor NewTeacherDelhi Education110075. Ss outhern

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The Registrar, acnarya Nagarjuna University, Nagarjuna Nagar, Guntur District Andhra Pradesh.

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One CC to Sri Mathukumilli Sri Vijay, Advocate [OPUC] 7. One CC to M/s. S. Parineeta, SC for APSCHE[OPUC] 8. One CC to Sri V. Hemanth Kumar, SC for NCTE[OPUC] 9. One CC to Sri Murali Lincon, SC for A.N.U[OPUC] 10. Two CCs to GP For Higher Education, High Court of Andhra Pradesh [OUT]

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Three CD Copies.

Ssb

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HIGH COURT

DATED: 05/01/2024

ORDER

WP.No.152 of 2024

tL^C0pl<^

DISPOSING OF THE W.P. WITHOUT COSTS

Sarada B.PEd College v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sarada B.PEd College v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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