Disposed¶59

Shaik Shakeer Basha v. the State of Ap

Andhra Pradesh HC27 Aug 2025WP/22561/2025

Case brief

AI extract

What is this about?

Ph.D completion; extension fee condonation; one-time opportunity; Rayalaseema University; W.P.No.22561 of 2025; follows W.P.No.28977 of 2023 dated 04.04.2024; refers W.P.No. 13688 of 2024 dated 12.08.2024; writ of mandamus under Article 226; Articles 14 and 21; Section 151 CPC; fee deposit within ten days; thesis submission within six months; disposed of without costs; Andhra Pradesh High Court at Amaravati; K Sreenivasa Reddy, J.

What did the court decide?

Petitioner permitted to deposit the required fee within ten (10) days in terms of the order in W.P.No.28977 of 2023 dated 04.04.2024 (delay condoned as a one-time opportunity) and to submit his Ph.D thesis within six (6) months from the date of uploading of the order; no order as to costs; miscellaneous applications, if any, stand closed. ¶59

Shaik Shakeer Basha Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondents 2 and 3 in not permitting the petitioner to complete the Ph.D. Course on the grounds of non-payment of extension fee and non-completion of the course in time is illegal, arbitrary, unjust and violative of Articles 14 and 21 of the Constitution of India. +1 more

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Ratio / Principle

There shall be a direction to the Official Respondents to allow the writ petitioner to deposit the required fee within ten (10) days in terms of the Order dated 04.04.2024 in W.P.No.28977 of 2023, and the Official Respondents shall adhere to the directions passed by the learned Single Judge therein.

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Key takeaways

The Respondent University shall permit the writ petitioner to submit his Ph.D thesis within six (6) months from the date of uploading of the order on the website of the Court, consistent with the six-month time this Court has already granted to Ph.D scholars.ratio¶58

Detailed headnote1 paragraphs

Andhra Pradesh High Court, Amaravati (K. Sreenivasa Reddy, J.) disposed of W.P.No.22561 of 2025 filed by Shaik Shakeer Basha under Article 226, challenging the action of the Registrar and Vice-Chancellor of Rayalaseema University in not permitting him to complete his Ph.D. Course on grounds of non-payment of extension fee and non-completion of the course in time, alleged to be arbitrary and violative of Articles 14 and 21. Noting that counsel relied on the order in W.P.No. 13688 of 2024 dated 12.08.2024, which itself rested on the order in W.P.No.28977 of 2023 dated 04.04.2024, the Court extracted the latter order and, following it, directed the Official Respondents to allow the petitioner to deposit the required fee within ten (10) days as a one-time opportunity with condonation of delay, and permitted the petitioner to submit his Ph.D thesis within six (6) months from the date of uploading of the order on the Court's website. Writ petition disposed of; no order as to costs; pending miscellaneous applications closed.

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APHC010431222025

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

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THURSDAY.THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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o
•r
it

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 22561 OF 2025

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Between:

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Shaik Shakeer Basha, S/o GSV Ahammed, aged 46 years,^R/o.5-122 A, Mashak Street, Cumbum, Prakasham District, Andhra^Pradesh.

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...Petitioner

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AND

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The State Of Andhra Pradesh, represented by its Principal Secretary, Department of Higher Education, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Registrar, The Rayalaseema University, Administrative Office Q3F6 plus 362, Nandyala Road, Pasupula, Kurnool District-518007.

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The Vice Chancellor, The Rayalaseema University, Administrative Office, Q3F6 plus 362, Nandyala Road, Pasupula, Kurnool District518007.

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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 a Writ, Order or Direction more particularly^{oneinnatureof} Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not permitting the petitioner to complete the Doctorate in Philosophy (Ph. D) Course purportedly on the grounds of non-payment of extension fee and Non

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{ % u

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completion of course in time as wholly illegal, arbitrary, unjust. contrary to Principles of Natural Justice besides being violative of Article 14 and 21 of Constitution of India and consequently direct the respondents to permit the petitioner to complete the Ph.D. Course by condoning the delay for payment of the extension fee and to conduct Pre PHD Exam and further stages of the coursf by providing one time opportunity to complete his Course.

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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 2nd and 3rd respondents to permit the petitioner to complete the Ph.D. Course by condoning the delay for payment of the extension fee and to conduct Pre PHD Exam further stages of the course by providing one time opportunity to complete his Course.

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Counsel for the Petitioner: M/S CKR ASSOCIATES

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Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Respondent Nos.2 & 3: M/S NIMMAGADDA VIJAYA SHANTHI, SC FOR RAYALASEEMA UNIVERSITY

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The Court made the following order:

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APHC010431222025

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

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THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 22561 OF 2025

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Between;

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SHAIK SHAKEER BASHA, S/o GSV Ahammed, aged 46 years, R/o. 5-122 A, Mashak Street, Cumbum, Prakasham District, Andhra Pradesh. ...Petitioner

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AND

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THE STATE OF AP, represented by its Principal Secretary, Department of Higher Education, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Registrar, The Rayalaseema University, Administrative Office, Q3F6 plus 362, Nandyala Road, Pasupula, Kurnool District-518007. 3. The Vice Chancellor, The Rayalaseema University, Administrative Office, Q3F6 plus 362, Nandyala Road, Pasupula, Kurnool District-518007.

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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 a Writ, Order or Direction more particularly one in nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not permitting^the petitioner to complete the Doctorate in Philosophy^(Ph.D)Course purportedly on the grounds of non-payment of extension^feeand Non completion of course in time as wholly illegal, arbitrary.

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SRK, J W,P.No.2256l of2025

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unjust, contrary to Principles of Natural Justice besides being violative of Article 14 and 21 of Constitution of India and consequently direct the respondents to permit the petitioner^to complete the Ph.D. Course by condoning the delay for payment of the extension fee and to conduct Pre PHD Exam and further stages of the course by providing one time opportunity to complete his Course.

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Counsel for the Petitioner: CKR ASSOCIATES

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Counsel for the Respondents: GP FOR HIGHER EDUCATION

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SRK., J W.P.No.22561 of 2025

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The Court made the following ORDER:

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Higher Education and Ms. N. Vijaya Santhi, learned Standing Counsel for Rayalaseema University.

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The present Writ Petition is filed seeking following^relief:

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“...to issue a Writ, Order or Direction more particularly one in nature of Writ of Mandamus declaring the action of the 2"^^ and 3'^^ Respondents in not permitting the Petitioner to complete the Doctorate in Philosophy (Ph.D) Course purportedly on the grounds of non- payment of extension fee and non completion of course in time as wholly illegal, arbitrary, unjust, contrary to principles of Natural Justice besides being violative of Article¹⁴ and 21 of Constitution of India and consequently direct the Respondents to permit the Petitioner to complete the Ph.D Course by condoning the delay for payment of the extension fee and to conduct Pre PHD Exam and further stages of the course by providing one time opportunity to complete his Course and pass...”

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Learned counsel for the Writ Petitioner has placed^reliance on the Order passed by the learned Single Judge of^thisCourtin W.P.No. 13688 of 2024 dated 12.08.2024. On verification of the Order passed by the learned Single judge in W.P.No.13688^of 2024 dated 12.08.2024, it appears that the learned Single Judge has placed reliance on an earlier Order passed by this^Court in W.P.No.28977 of 2023 dated 04.04.2024.

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In this view of the matter, this Court is of the view^that it would be useful to refer to the Order passed by the learned Single Judge in W.P.No.28977 of 2023, since this Order,^which

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SRK, J 4 W.P.No.2256! of 2025

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has been referred to in the subsequent Writ Petitions,^hasbeen relied on for granting relief in the subsequent Writ Petitions.

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Hence, this Court deems it appropriate to extract the relevant portion of the learned Single Judge’s Order in W.P.No.28977 of 2023 dated 04.04.2024; “11. It is also evident from the material available on record that basing on the resolutions of the various committees and approvals of the Executive Committee, the University is continuing the research program and is confined to the resolutions of the EC and the EC has instructed the University to dose the research program after completing the pending formalities for the research scholars whose research admissions were in live before 30.04.2024. The only ground on which petitioners’ case was rejected is that they have not paid the fees as they are not aware in view of the fact that the last date for payment of fees was uploaded only in the website.

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In view of the fact that the respondent University has passed a resolution and thereafter issued various circulars for closure of the Ph.D. program before 30.04.2024, instead of going into merits of the case, this Court feels it appropriate to dispose of^the present writ petition by directing the respondents^to consider the case of the petitioners by receiving the payment of the research fee duly condoning the delay as a one time opportunity to the petitioners, within a period of ten (10) days from the date of receipt of a copy of this order and thereafter, the petitioners may be allowed to complete their Ph.D. program in accordance with law.”

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Having regard to these facts, there shall be a direction to the Official Respondents to allow the Writ Petitioner to deposit the required fee within a period of ten (10) days in terms of the Order passed by this Court dated 04.04.2024 in W.P.No.28977 of 2023. It is needless to state that the Official Respondents shall adhere

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SRK, J 5 W.P.No.22561 of 2025

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to the directions passed by the learned Single Judge in W.P.No.28977 of 2023 dated 04.04.2024.

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This Court has already directed the Respondent University to grant six (6) months time to the Ph.D scholars to^enablethem to submit Ph.D thesis. Accordingly, the Respondent University shall permit the present Writ Petitioner to submit^{HISPh.Dthesis} within a period of six (6) months from the date of uploading of this Order on the website of this Court.

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