Mr. Balaga Ravi Kumar Vs The State of Andhra Pradesh

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

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TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION NO: 6875 OF 2025

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Between:

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Mr. Balaga Ravi Kumar, C/o Balaga Bhaskara Rao Occ Student, R/o Aged 44 years, 3rd Floor Swetha Nilayam, Chanikya Nagar, Near Ramalayam Pendurthi, Sujatha Nagar, Visakhapatnam, Andhra Pradesh.

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Kum. Samudrala Shobharani, C/o Kishore Kumar Occ Student, Aged 30 years, R/o Srinivasa Nagar, Proddatur, Cuddapah, Andhra^Pradesh - 516360.

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Mr. Panapana Saikrishna, S/o Panapana Tarakesu Occ Student, Aged 24 years, R/o Pedda Veddi, Kaviti, Kojjirila, Srikakulam, Andhra Pradesh.

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Mr. Moka Leela Krishna, S/o Satyanarayana, Occ Student, Aged 33 years, Sai Baba Temple, Srikakulam, Andhra Pradesh.

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Mr. Muppana Ravikumar, S/o Sivakumar Occ Student, Aged 25 years, Kotta Veedhi, Rekhadevipuram, Kanchilimandalam, Srikakulam District, Andhra Pradesh.

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Mr. Badagala Eswararao, S/o Krishnarao Occ student. Aged 41 years. Main Road, Gara, Srikakulam, Andhra Pradesh.

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Kum. Sreelakshmidevi Seepana, C/o Seepana, Aged 38 years, Occ Student Ibrahimbad, Fareedpeta, Srikakulam District^{AndhraPradesh.}

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Mr. V. Nagendra Rao, S/o Jagannadharao, Aged 51 years, Occ Student Rajam, Srikakulam, Andhra Pradesh.

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...Petitioners

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary Higher Education Department, Tulfuru, Secretariat Buildings Velagapudi, Guntur District.

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Sri Venkateswara University, Rep by its Registrar Directorate of distance Education Tirupathi, Andhra Pradesh - 517502.

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Sri Venkateswara University; Rep by its Director^{Directorateofdistance} Education Tirupathi, Andhra Pradesh - 517502.

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Sri Venkateswara University, Rep by its Controller of Examination Directorate of distance Education Tirupathi, Andhra^{Pradesh-517502} ...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 an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly, the 3rd Respondent in issuing the impugned Circular dated 15.03.2025 vide Roc. No. SVU/CDOE/Exam/2 025 whereby and whereunder,^theschedule for conduct of final examination of undergraduate and post-graduate Courses for the students belonging to Open Schools^{hasbeenannounced} and further notifying that the examinations are sought to be conducted within the territorial jurisdiction of the University instead of the respective Study Centers to the detrimenf of the students and in utter disregard to the orders of the Hon’ble High Court frr W.P. No.5045 of 2025 as being arbitrary, illegal and violative of Articles 14 and 19 of the^{ConstitutionofIndiaand} against the principles of natural Justice besides being frustrating the very scheme of the Distance Education and consequently set aside the impugned circular Dated 15-03-2025

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lA NO: 1 OF 2025

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Petition under Section ISfCJPC praying that in the^{circumstances} stated in the affidavit filed in suppoit of the petition, the High Court may be pleased may be pleased to dirict the 2nd Respondent University to conduct the final examinations from 02f.04.2025 for undergraduate and post graduates through distant mode at the respective Study Centre’s as per the hall tickets issued on previous occasion, pending Writ Petition, in the interest of justice ^

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Counsel for the Petitioners: SRI SRI VIJAY MATHUKUMILLI

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

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Counsel for the Respondents No.2 to 4: SRI B VIJAY^BHASKAR, STANDING COUNSEL

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The Court made the following: Order

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APHC010135802025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3328]

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(Special Original Jurisdiction)

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TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION NO: 6875/2025

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Between:

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1.MR. BALAGA RAVI KUMAR, C/0 BALAGA BHASKARA RAO OCC STUDENT, R/0 AGED 44 YEARS, 3RD FLOOR SWETHA NILAYAM, CHANIKYA NAGAR, NEAR RAMALAYAM PENDURTHI, SUJATHA NAGAR, VISAKHAPATNAM, ANDHRA PRADESH.

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2.KUM. SAMUDRALA SHOBHARANI, C/0 KISHORE KUMAR OCC STUDENT, AGED 30 YEARS, R/0 SRINIVASA NAGAR, PRODDATUR, CUDDAPAH, ANDHRA PRADESH - 516360.

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3.MR. PANAPANA SAIKRISHNA, S/0 PANAPANA TARAKESU OCC STUDENT, AGED 24 YEARS, R/0 PEDDA VEDDI, KAVITI, KOJJIRILA, SRIKAKULAM, ANDHRA PRADESH.

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4.MR. MOKA LEELA KRISHNA, S/0 SATYANARAYANA, OCC STUDENT, AGED 33 YEARS, SAI BABA TEMPLE, SRIKAKULAM, ANDHRA PRADESH.

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1. MR. MUPPANA RAVIKUMAR, S/0 SIVAKUMAR OCC STUDENT, AGED 25 YEARS, KOTTA VEEDHI, REKHADEVIPURAM, KANCHILIMANDALAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH.

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1. MR. BADAGALA ESWARARAO, S/0 KRISHNARAO OCC STUDENT. AGED 41 YEARS. MAIN ROAD, GARA, SRIKAKULAM, ANDHRA PRADESH.

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7.KUM. SREELAKSHMIDEVI SEEPANA, C/0 SEEPANA, AGED 38 YEARS, OCC STUDENT IBRAHIMBAD, FAREEDPETA, SRIKAKULAM DISTRICT ANDHRA PRADESH.

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8.MR. V. NAGENDRA RAO, S/0 JAGANNADHARAO, AGED 51 YEARS,

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2

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OCC STUDENT RAJAM, SRIKAKULAM, ANDHRA PRADESH.

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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 HIGHER EDUCATION DEPARTMENT, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.

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2.SRI VENKATESWARA UNIVERSITY, REP BY ITS REGISTRAR DIRECTORATE OF DISTANCE EDUCATION TIRUPATHI, ANDHRA PRADESH-517502.

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SRI VENKATESWARA UNIVERSITY, REP BY ITS DIRECTOR DIRECTORATE OF DISTANCE EDUCATION TIRUPATHI, ANDHRA PRADESH-517502.

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SRI VENKATESWARA UNIVERSITY, REP BY ITS CONTROLLER OF EXAMINATION DIRECTORATE OF DISTANCE EDUCATION TIRUPATHI, ANDHRA PRADESH - 517502

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...RESPONDENT(S):

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Counsel for the Petitioner(S):

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1.SRI VIJAY MATHUKUMILLI

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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The Court made the following:

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ORAL ORDER:

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Heard Sri Mathukumilli Srivijay, learned Counsel for the Writ Petitioners and Sri Butta Vijaya Bhasker, learned Standing Counsel for Sri Venkateswara University appearing for the Respondent Nos.2 to 4.

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The present Writ Petition is filed seeking the following prayer:

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“It is prayed that this Hon’ble Court may be pleasedto issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly, the 3'^'^Respondent in issuing the impugned Circular dated 13.03.2025 vide Roc No SVU/CDOE/Exam/2025 whereby apcT whereunder.

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3

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the schedule for conduct of final examination of undergraduate and postgraduate Courses for the students belonging to Open Schools has been announced and further notifying that the examinations are sought to be conducted within the territorial jurisdiction of the University instead^ofthe respective Study Centres to the detriment of the students and in utter disregard to the orders of the Hon’ble High Court in W.P.No.5045 of 2025 as being arbitrary, illegal and violative of Articles 14 and^19of the Constitution of India and against the principles^of natural Justice besides being frustrating the very scheme of the Distance Education and consequently set aside the impugned circular Dated 13-03-2025 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case."

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\

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Sri Butta Vijay Bhasker, learned Standing Counsel for the Sri Venkateswara University has submitted the Written Instructions furnished by the Registrar of S.V. University, Tirupati. Copy of it is supplied to the Counsel for the Writ Petitioners as well and the same is taken on record, The penultimate paragraph of the Written Instruction is usefully extracted hereunder: “In view of the fresh petition filed challenging the orders of the University Circular dated 13-3-2025,^the University took the legal advice from the Standing Counsel of SVU. As per the legal advice the University is withdrawn the Circular and submit that the University will conduct the CDOE Examinations for UG & PG from 2-4-2025 as per the UGC Regulations 2020 in Government Institutions in Andhra Pradesh nearby centers already notified earlier by the University.”

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The above Written Instructions would indicate that the Respondent University has withdrawn the Circular dated 13.03.2025 bearing Roc.No.SVU/CDOE/Exam/2025 (Ex.P.1), which is impugned^{hereinandthat} the examinations will be conducted for UG & PG from 02.04.2025, as per the UGC Regulations, 2020 in the Government Institutions in Andhra Pradesh in the nearby centres which are already notified earlier by the University.

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Sri Butta Vijay Bhasker. learned Standing Counsel for the Sri ' Venkateswara University would submit that the by the University to conduct the examin ,■ because of several -p,a.,s ^ =ivea by the University with malpractices which have regard to happened during the earlier examinations. 6. Having taken by Sri But, tv and the submissions made Dy Sri Butta Vijay Bhasker, learned Standing Counsel for Sri Venkateswara University, this Court deems i H appropriate to dispose the admission stage, without aoi of this Writ Petition , at 9oing into the merit University to conduct the directing the Respondent CDOE Examination as per the UGC Regulations s for UG & PG from 02.04 2025 2020, in the ‘ State of Andhra Pradesh Government Institutions in the entire which are close-by centres to the earlier that were notified by the University. 7. With these observations and directions this Writ Petition disposed of. No order stands as to costs, 8. interlocutory Applications, i >f any, stand closed ini terms of this order.

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To.

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