Vamsadhara College of B.Sc Nursing Vs the State of Andhra Pradesh

Vamsadhara College of B.Sc Nursing, Kotabommali, Srikakulam District Under Sri Kotammathalli Educational Society, Kotabommali, Srikakulam District. Rep. by its President, Ch. Anirudrudu, S/o (Late) Bhima Raju, Aged 66 years 2. Vamsadhara MPHW(F) ANM Training Institution Kotabommali Srikakulam District Under Sri Kotammathalli Educational Society Kotabommali, Srikakulam District. Rep. by its President, Ch. Anirudrudu, S/o (Late) Bhima Raju Aged 66 years 3. Vamsadhara School of GNM Nursing, Kotabommali Srikakulam District Under Sri Kotammathalli Educational Society Kotabommali, Srikakulam District. Rep. by its President, Ch. Anirudrudu, S/o (Late) Bhima Raju Aged 66 years 4. Sai Sreenivasa School of Nursing, Palasa, Srikakulam District Under Sri Satya Sai Educational Society, Rep. by Its President and Correspondent, D.Nageswara Rao S/o Polaiah, aged 40 yrs. 5. Padma Tej and Bhavya Tej College of Nursing, Sponsored by Fathima Educational Development Society Rep.by its -President C.Peeraiah S/o Nagoor R/o Railway Koduru, Annamaiah District. 6. Padma Tej and Bhavya Tej School of Nursing, Sponsored by Fathima Educational Development Society Rep. by its President C.Peeraiah S/o Nagoor R/o Railway Koduru, Annamaiah District.

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Jyothi College of Nursing, Ramannapeta, Nandigama Krishna District, Spsd. by Mother Theresa Rural Development Society,Muppalla Rep. by Vadlakunta Jyothi W/o Syam Babu, aged 38 8. Jyothi School of Nursing, Ramannapeta, Nandigama Krishna District, Spsd. by Mother Theresa Rural Development Society,Muppalla Rep. by Vadlakunta Jyothi W/o Syam Babu, aged 38 9. Svara College of Nursing, BRTS Road, Vijayawada, NTR District, Sponsored by MISO Health Care Pvt. Ltd. Vijayawada Rep. Gonu Avinash S/o Bhushanam age 35, 10. Svara College of Nursing, BRTS Road, Vijayawada, NTR District, Sponsored by MISO Health Care Pvt. Ltd. Vijayawada Rep. Gonu Avinash S/o Bhushanam age 35, 11. Satya Vani School of Nursing, Narasapur, West Godavari District Sponsored by Dr. BR Ambedkar and Mother Teresa Educational Society, Narasapur. Rep. by Dasari Jayapaul age 45 yrs. 12. Indo American College of Nursing, Near American Merits School Netaji Colony, VIP Road, Guntur-522004 Sponsored by Indo American Educational Society,Guntur, Rep. by its President and Correspondent Dr. B.Satya Likhith Naidu S/o Dr. BTN. Prasanna Kumar, age24

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Sree Tirumala School of Nursing, Penumuru, Chittoor District, Sponsored by Sri Shesha Sayana Educational Society Gunthur Village, G.K.V. Voor(Po), Bangarupalyem (M), Chittoor District, Rep. by its President G.Syamala W/o Jaya Prakash Naidu, age 45 years. ( 14. J.P.College of Nursing, 0pp. Church, Srinivasa Mangapuram Road Chandragiri, Chittoor District, Sponsored by J.P.Educational Society, Rep. by its Sect.and Correspondent S.K.Noorul Ameen, S/o. S.K.Bavapeer Aged 49 years. 15. S.P. MPHW(ANM) Female School, Chittoor to Kadapa Highway Road, PilerTown, Annamayya District,A.P., Sp.by / S.P.Educational Society, Prodhutur, Rep. by its Secretary and Correspondent S.K.N.Ameen, S/o. S.K.Bavapeer, aged 49 years.

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J.P. MPHW(ANM) Female School, Near RTC Complex, Palamaneru, Chittoor District, A.P., Sp.by J.P. Educational Society, Kadapa, Rep. by its Secretary and Correspondent S.K.N.Ameen, S/o. S.K.Bavapeer, aged 49 years. 17. J.P. School of Nursing, 0pp. Church, Srinivasa Mangapuram Road, Chandragiri, Chittoor District,A.P., Sp.by J.P.Educational Society, Kadapa, Rep. by its Secretary and Correspondent S.K.N.Ameen, S/o. S.K.Bavapeer, aged 49 years

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...Petitioners

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AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Health Medical and Family Welfare Dept., Secretariat Buildings, Velagapudi, Guntur Dist. 2. The Chairman, High Power Committee, O/o. Medical Education, Old Government General Hospital, Hanuman pet, Vijayawada,^A.P.

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The Director' of Medical Education and Member Convener High Power Committee, Hanuman pet, Vijayawada, A.P.

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...Respondents 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 a writ order or direction, more particularly^one in the nature of a Writ of Mandamus, declaring the inaction of the 2nd and 3rd respondents in not receiving the petitioners' application for grant of Essentiality Certificate to the petitioner's proposed Nursing College^, even though the respondents received Rs.20,000/for issuance of Application forms and paid Rs.30,000/- (thirty thousand Rupees) for Challan though the respondents No.2 and 3 Refused to receive applications as per Notification No. 001/2025, dated 28-5-2025 is violation of Articles 14, 19, and 21 of the Constitution of India and principles of natural justice. Consequently, direct the 2""^ and 3'^^ respondents forthwith receive the petitioners applications for verification and inspection of the institutions and recommend to the

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Government to issue the Essentiality Certificate to the petitioner proposed Nursing College for the academic year 2025-2026.

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lA NO: 1 OF 2025

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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 2 ^ and respondents forthwith receive the petitioners applications for verification and inspection of the institutions and recommend to the Government to issue the Essentiality Certificate to the petitioner proposed Nursing College for the academic year 2025-2026 pending disposal of the Writ petition.

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Counsel for the Petitioners: SMT Y ANUPAMA DEVI

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Counsel for the Respondents: GP FOR MEDICAL HEALTH &

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FAMILY WELFARE

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The Court made the following order:

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APHC010332682025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3458]

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(Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 17145/2025

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Between:

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VAMSADHARA COLLEGE OF B.SC NURSING, SRIKAKULAM DISTRICT UNDER SRI KOTAMMATHALLI EDUCATIONAL SOCIETY KOTABOMMALI, SRIKAKULAM DISTRICT. REP. BY ITS PRESIDENT, CH. ANIRUDRUDU, S/0 (LATE) BHIMA RAJU AGED 66 YEARS

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VAMSADHARA MPHW(F) ANM TRAINING INSTITUTION KOTABOMMALI,, SRIKAKULAM DISTRICT UNDER SRI KOTAMMATHALLI EDUCATIONAL SOCIETY KOTABOMMALI, SRIKAKULAM DISTRICT. REP. BY ITS PRESIDENT, CH. ANIRUDRUDU, S/0 (LATE) BHIMA RAJU AGED 66 YEARS

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VAMSADHARA SCHOOL OF GNM NURSING,, KOTABOMMALI, SRIKAKULAM DISTRICT UNDER SRI KOTAMMATHALLI EDUCATIONAL SOCIETY KOTABOMMALI, SRIKAKULAM DISTRICT. REP. BY ITS PRESIDENT, CH. ANIRUDRUDU, S/0 (LATE) BHIMA RAJU AGED 66 YEARS

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SAI SREENIVASA SCHOOL OF NURSING,, PALASA, SRIKAKULAM DISTRICT UNDER SRI SATYA SAI EDUCATIONAL SOCIETY, REP. BY ITS PRESIDENT AND CORRESPONDENT, D.NAGESWARA RAO S/0 POLAIAH, AGED 40 YRS.

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PADMA TEJ AND BHAVYA TEJ COLLEGE OF NURSING SPONSORED BY FATHIMA EDUCATIONAL DEVELOPMENT SOCIETY REP.BY ITS PRESIDENT C.PEERAIAH S/0 NAGOOR R/0 RAILWAY KODURU, ANNAMAIAH DISTRICT.

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2 KM

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PADMA TEJ AND BHAVYA TEJ SCHOOL OF NURSING SPONSORED BY FATHIMA EDUCATIONAL DEVELOPMENT SOCIETY REP. BY ITS PRESIDENT C.PEERAIAH S/0 NAGOOR R/0 RAILWAY KODURU, ANNAMAIAH DISTRICT.

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JYOTHI COLLEGE OF NURSING,, RAMANNAPETA, NANDIGAMA KRISHNA DISTRICT, SPSD. BY MOTHER THERESA RURAL DEVELOPMENT SOCIETY,MUPPALLA REP. BY VADLAKUNTA JYOTHI W/0 SYAM BABU, AGED 38

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JYOTHI SCHOOL OF NURSING,, RAMANNAPETA, NANDIGAMA KRISHNA DISTRICT, SPSD. BY MOTHER THERESA RURAL DEVELOPMENT SOCIETY,MUPPALLA REP. BY VADLAKUNTA JYOTHI W/0 SYAM BABU, AGED 38

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SVARA COLLEGE OF NURSING,, BRTS ROAD, VIJAYAWADA, NTR DISTRICT, SPONSORED BY MISO HEALTH CARE PVT. LTD. VIJAYAWADA REP. GONU AVINASH S/0 BHUSHANAM AGE 35,

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10.SVARA COLLEGE OF NURSING,, BRTS ROAD, VIJAYAWADA NTR DISTRICT, SPONSORED BY MISO HEALTH CARE PVT. LTD. VIJAYAWADA REP. GONU AVINASH S/0 BHUSHANAM AGE 35

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11.SATYA VANI SCHOOL OF NURSING NARASAPUR, WEST

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GODAVARI DISTRICT SPONSORED BY DR. BR AMBEDKAR AND MOTHER TERESA EDUCATIONAL SOCIETY, NARASAPUR. REP. BY DASARI JAYAPAUL AGE 45 YRS.

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12.INDO AMERICAN COLLEGE OF NURSING NEAR AMERICAN MERITS SCHOOL, NETAJI COLONY, VIP ROAD, GUNTUR-522004 SPONSORED BY INDO AMERICAN EDUCATIONAL SOCIETY,GUNTUR, REP. BY ITS PRESIDENT AND CORRESPONDENT DR. B.SATYA LIKHITH NAIDU S/0 DR. BTN. PRASANNA KUMAR, AGE24

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13.SREE TIRUMALA SCHOOL OF NURSING PENUMURU,

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CHITTOOR DISTRICT. SPONSORED BY SRI SHESHA SAYANA EDUCATIONAL SOCIETY GUNTHUR VILLAGE, G.K.V. VOOR(PO), BANGARUPALYEM (M), CHITTOOR DISTRICT, REP. BY ITS PRESIDENT G.SYAMALA W/0 JAYA PRAKASH NAIDU, AGE 45 YEARS.

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14.J.P.COLLEGE OF NURSING OPP. CHURCH, SRINIVASA

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MANGAPURAM ROAD CHANDRAGIRI, CHITTOOR DISTRICT, SPONSORED BY J.P.EDUCATIONAL SOCIETY, REP. BY ITS SECT.AND CORRESPONDENT S.K.NOORUL AMEEN, S/0. S.K.BAVAPEER AGED 49 YEARS.

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15.S.P. MPHW(ANM) FEMALE SCHOOL,, CHITTOOR TO KADAPA HIGHWAY ROAD PILERTOWN, ANNAMAYYA DISTRICT,A.P., SP.BY / S.P.EDUCATIONAL SOCIETY, PRODHUTUR, REP. BY^ITS SECRETARY AND CORRESPONDENT S.K.N.AMEEN, S/0. S.K.BAVAPEER, AGED 49 YEARS.

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16.J.P. MPHW(ANM) FEMALE SCHOOL j j NEAR RTC COMPLEX, PALAMANERU, CHITTOOR DISTRICT,A.P., SP.BY J.P.EDUCATIONAL SOCIETY, KADAPA, REP. BY ITS SECRETARY AND CORRESPONDENT S.K.N.AMEEN, S/0. S.K.BAVAPEER, AGED 49 YEARS.

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17.J.P. SCHOOL OF NURSING,, OPP. CHURCH, SRINIVASA MANGAPURAM ROAD, CHANDRAGIRI, CHITTOOR DISTRICT,A.P., SP.BY J.P.EDUCATIONAL SOCIETY, KADAPA, REP. BY ITS SECRETARY AND CORRESPONDENT S.K.N.AMEEN, S/0. S.K.BAVAPEER, AGED 49 YEARS

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...PETITIONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST.

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2.THE CHAIRMAN, HIGH POWER COMMITTEE, 0/0. MEDICAL EDUCATION OLD GOVERNMENT GENERAL HOSPITAL HANUMAN PET, VIJAYAWADA, A.P.

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3.THE DIRECTOR OF MEDICAL EDUCATION AND MEMBER CONVENER HIGH POWER COMMITTEE HANUMAN PET, VIJAYAWADA, A.P.

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...RESPONDENT(S):

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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 may be pleased to issue a writ order or direction, more particularly

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one in the nature of a Writ of Mandamus, declaring the inaction of the 2nd: and 3rd respondents in not receiving the petitioners' application for grant of Essentiality Certificate to the petitioner's proposed Nursing College, even though the respondents received Rs.20,000/- for issuance of Application forms and paid Rs.30,000/- (thirty thousand Rupees) for Challan though the respondents No.2 and 3 Refused to receive applications as per Notification No. 001/2025, dated 28-5-2025 is violation of Articles 14, 19, and 21 of the Constitution of India and principles of natural justice. Consequently, direct the 2 and 3' respondents forthwith receive the petitioners applications for verification and inspection of the institutions and recommend to the Government to issue the Essentiality Certificate to the petitioner proposed Nursing College for the academic year 2025-2026 and pass such

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lA NO: 1 OF 2Q2fi

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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 may be pleased to direct the 2nd and 3rd respondents forthwith receive the petitioners applications for verification and inspection of the institutions and recommend to the Government to issue the Essentiality Certificate to the petitioner proposed Nursing College for the academic year 2025-2026 pending disposal of the Writ petition and pass such

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Counsel for the Petitioner(S):

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1.Y ANUPAMA DEVI

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH FW

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The Court made the following:

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ORDER:

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Heard Smt. Y. Anupama Devi, learned counsel for the petitioners and the learned Assistant Government Pleader for Medical Health FW appearing for the respondents.

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The petitioners being aggrieved by the action of the respondents in not receiving the application(s) submitted by the petitioner(s) for grant of

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Essentiality Certificate for establishment of Nursing College/School, the instant writ petition is filed. 3. It is contended that the respondents have issued Notification No.001/2025, dated 28.05.2025, inviting applications^{fortheestablishmentof} Nursing Colleges/Schools in the state of Andhra Pradesh. In terms of the notification, the petitioner(s) have applied for the^{sameandforwardedthe} application form through the Courier service on 28.06.2025. It is further stated that the petitioner(s) have also attempted to submit^{thesamedocument} personally on 30.06.2025, around 2:30 p.m. However,^{therespondentshave} refused to receive the application submitted by the^{petitioner.Theapplication} sent by courier on 28.06.2025 was also refused to accept,^{sincethesamewas} have been refused by the High Power Committee (in short^‘HPC’) alleged to the notification, the date for on 30.06.2025. It is contended that, as per commencement of issuance of applications was from 30.05.2025, the last date for issuance of applications was 16.06.2025, and^{thelastdateforthe} submission of filled-in applications at the office^{oftheHPC,Vijayawada,was} 30.06.2025.

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Learned counsel for the petitioners submits that, though the petitioner(s) had tried to submit the application in^{personfornoreason,the} respondents refused to receive it; therefore, the application^{wassentbypost} (i.e Courier service), and the same was also declined to^{receive.Thusprays} for a direction to the respondents to receive the application^{andprocessthe} same in accordance with law.

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•v^'’

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The respondent No.3 has filed counter-affidavit submitting that sufficient time has been provided to the applicants to submit the applications. However non-adherence to the stipulated time schedule is not justifiable and condonable. It is stated that pursuant to the Notification around 346 applications were received between the dates of 05.06.2025 and 30.06.2025, denying the allegation made by the petitioner that the applications were not received by the respondent No.3 which reached their office on the last date, it is contended that on the said last date as many as 317 applications were received by the respondent No.3. It is further stated that there is no truth in the allegation made by the petitioners that the respondents with malafide intention have refused to accept the petitioners’ applications. All the applications which have been received till the last date, have been processed, since the petitioners have not filed any material in support of their contention that, the petitioners were diligent in submitting their applications no indulgence of this Court is warranted. It is further stated by the respondents that out of 17 petitioners, the counter foils of the courier service have been filed only in 10 cases, the remaining 7 cases no such copies have been filed. The strict adherence to the procedural schedules is mandatory having regard to the fact that the academic year of the students should not be missed out or delayed. Therefore, the respondent No.3 has fixed the time schedule, to complete the admissions and commence the classes in time. Thus, pleaded the petitioners have not made out any case seeking interference of the Court and therefore prays the Court for dismissal of the Writ Petition.

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As per the material on record, it appears that the^lastdatefor receipt of the applications was 30.06.2025 and some of the petitioners’ applications were sent through courier service from Vijayawada to the office of the respondent No.3 located at Vijayawada. The same was returned by HPC, on 30.06.2025 as found from the endorsement on the cover, appears to have been made by courier agency. The last date for submission does not mean the application must be received before office hours. If it is received up to 23:00 hours on the due date, the authorities are bound to accept and process it. In the present case the preceding day of the last day i.e., 30-6-2025 for receipt of applications, happens to be Sunday, and the petitioners herein immediately after refused by HPC approached this court on 3-7-2025 and^filed the writ petition. From the above it can be said that the attempts of the petitioner(s) in submitting the application form were genuine.

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With regard to the contention of respondents that only 10 applications have been sent by courier service, rest of the seven petitioners did not submit the same before the due date assuming that they have not sent by courier service as alleged by respondents, the fact remains that they have stated that they have attempted to submit the application^{formson28-06-2025} physically (4*^ Saturday of June, 2025), however the respondents have refused to receive the same. The seven petitioners have immediately rushed to this Court on 03.07.2025, along with the other 10 applicants, by way of the instant Writ Petition. Thus, I am of the view that the said applications also shall be considered along with the remaining 10 applications in as much as the

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applications are for establishment of educational institutions, if a direction is given to the respondents, having regard to the circumstances^statedabove, no prejudice would be caused to the respondents, on the^{otherhandthesame} would cause prejudice to the petitioners herein as^{theirattemptstosubmitthe} applications seeking permissions to establish nursing college/ school(s), appear to be eager and genuine. Furthermore, processing of^{theapplication} would not grant any rights in favour of the petitioners;^{however,finalapproval} to establish a nursing college is contingent upon meeting^{otherspecified} requirements.

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The underlying intent in emphasizing the need to adhere^tothe specified time schedule, in the facts of the case,^{asnotedfromthecounter} affidavit appears to be to complete the process of^{grantingpermissionswell} before the academic year commences in order to ensure^{timelyevaluation.} The concept providing the last date for receipt of applications is an administrative contingency which cannot be given strict^{interpretation,unlike} statutory stipulations.

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Having regard to the above, this Court deems it appropriate^to dispose of the Writ Petition directing the respondents^{toreceiveandprocess} the applications that were submitted by the petitioners^{on28.06.2025and} pass appropriate orders in accordance with law. There^{shallbenoorderasto}

costs.

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As a sequel, all pending miscellaneous applications^{shallstandclosed.}

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Sd/- M SURYANADHA REDDY DEPUTY REGISTRAR //TRUE COPY// ^^7 SE CSWteFFICER

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To,