Behara Polytechnic College Vs The State of Andhra Pradesh

BEHARA POLYTECHNIC COLLEGE, REPRESENTED BY ITS SECRETARY AND CORRESPONDENT SMT. BEHARA VENKATA SWARNA LATHA SIVADEVI LAKKAVARAPUKOTA MANDAL, KOTYADA VILLAGE VIZIANAGARAM DISTRICT, ANDHRA PRADESH - 535240.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF HIGHER EDUCATION SECRETARIAT, TULLUR, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 522238

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THE COMMISSIONER OF HIGHER EDUCATION, O/O COMMISSIONERATE OF HIGHER EDUCATION, GROUND AND SECOND FLOORS, GARUDADRI KK TOWERS, SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI - 522503 GUNTUR DISTRICT, ANDHRA PRADESH.

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STATE BOARD OF TECHNICAL EDUCATION AND TRAINING APSBTET, REP BY ITS SECRETARY GARUDADRI KK TOWERS, SERVICE ROAD, MANGALAGIRI, GUNTUR - 522503.

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THE CONVENOR AND CHE, APPOLYCET -2026 ADMISSIONS, D.NO 11-307, GARUDADRI KK TOWERS, FLAT.NO 501, 6TH FLOOR, LAKSHMI NARASIMHA COLONY. BYPASS ROAD, NEAR DR YSR AAROGYASRI HEALTHCARE TRUST MANGALAGIRI, GUNTUR

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DISTRICT-522 503.

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AII INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTING BY ITS MEMBER - SECRETARY NELSON MANDELA MARG, VASANTH KUNG, NEW DELHI - 110070.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.SRI VIJAY MATHUKUMILLI

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Counsel for the Respondent(S):

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1.M UMA DEVI (CENTRAL GOVT COUNSEL)

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2.GP FOR HIGHER EDUCATION

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The Court made the following Order:

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Heard Sri Vijay Mathukumilli, learned counsel for the petitioner, learned Government Pleader for Higher Education and Smt. M. Uma Devi, learned Central Government Counsel for the respondent No.5.

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The petitioner is an educational Institution offering Diploma courses in Engineering and Technology. The respondent No.5 vide proceedings dated 04-05-2026 granted Extension of Approval (EOA) to conduct the following Diploma courses for the academic year 2026-27, of which two courses namely, Artificial Intelligence and Internet of Things(IOT) are new courses approved for the first time for the current academic year.

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Level	Program	Course	Affiliating Body (University/B ody)	Intake Approve d for 2025-26	Intake Approved for 2026- 27	NRI Approval Status	International Students Approval Status
DIPLOMA	ENGINEER ING AND TECHNOL OGY	ARTIFICIAL INTELLIGENCE (AI)	State Board Of Technical Education And Training	0	60	No	No
DIPLOMA	ENGINEER ING AND TECHNOL	CIVIL ENGINEERING	State Board Of Technical Education	60	30	No	No

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	OGY		AndTraining
DIPLOMA	ENGINEER ING AND TECHNOL OGY	COMPUTER ENGINEERING	State Board Of Technical Education And Training	60	60	No	No
DIPLOMA	ENGINEER ING AND TECHNOL OGY	ELECTRICAL AND ELECTRONICS ENGINEERING	State Board Of Technical Education AndTraining	60	60	No	No
DIPLOMA	ENGINEER ING AND TECHNOL OGY	ELECTRONICS AND COMMUNICATI ON ENGINEERING	State Board Of Technical Education And Training	60	60	No	No
DIPLOMA	ENGINEER ING AND TECHNOL OGY	INTERNET OF THINGS (IOT)	State Board Of Technical Education AndTraining	0	30	No	No
DIPLOMA	ENGINEER ING AND TECHNOL OGY	MECHANICAL ENGINEERING	State Board Of Technical Education And Training	120	60	No	No

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Pursuant to the grant of EOA by AICTE, the 2^nd respondent vide proceedings dated 11-03-2026 granted No objection to all the courses as approved by AICTE. However, the State Board of Technical Education & Training, the respondent No.3 herein, has issued proceedings dated 19-052026 granting affiliation in respect of five courses excluding, the following

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courses:

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Level	Program	Course	Affiliating Body (University/B ody)	Intake Approve d for 2025-26	Intake Approved for 2026- 27	NRI Approval Status	International Students Approval Status
DIPLOMA	ENGINEER ING AND TECHNOL OGY	ARTIFICIAL INTELLIGENCE (AI)	State Board Of Technical Education AndTraining	0	60	No	No
DIPLOMA	ENGINEER ING AND TECHNOL OGY	INTERNET OF THINGS (IOT)	State Board Of Technical Education AndTraining	0	30	No	No

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It is argued that the 3^rd respondent issued proceedings dated 11-122025, modifying nomenclature of the courses. Thus the revised nomenclature of the courses was circulated to all the Principals of aided and private Colleges, and were directed for the academic year 2026-27 to apply only for the courses with the revised nomenclature as provided under the said proceedings. It is contended that the respondent No.3 issued proceedings dated 19-05-2026 granting renewal of affiliation in respect of the existing Diploma courses excluding the new courses (referred supra) despite the AICTE approval.

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The learned counsel for the petitioner submits that the said exclusion is without any reason nor the petitioner was put on notice before excluding the new courses i.e., artificial intelligence, and Internet of Things(IOT). It is further argued that it is on account of the proceedings of affiliation that the 3^rd respondent had issued excluding the subject courses, the respondent No.1 did not take into consideration the subject courses while issuing the G.O.Ms.No.121 dated 27-06-2026. Thus seeks a direction to the respondents to allow the petitioner to admit the students to the said courses as well.

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During the course of arguments, the learned counsel for the petitioner has placed before the Court a copy of a Corrigendum dated 13-07-2026 to the EOA, wherein nomenclature code for the course ‘Artificial Intelligence’ has been revised by the AICTE as Computer Science and Engineering (Artificial Intelligence) to commensurate with the nomenclature code issued by the respondent No.3. In the light of the same, prays for a direction to the

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respondents to allow the petitioner to participate in the counseling and admit the students in respect of the new courses.

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7. Considered the submissions.

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In the light of the corrigendum to the EOA dated 13-07-2026, the respondent No.3 is directed to pass appropriate orders to enable the petitioner to participate in the web counseling for admission of students insofar as admission to the new course Computer Science and Engineering (Artificial Intelligence) is concerned. The respondent Nos.1 & 2 are directed to pass orders accordingly.

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Liberty is granted to the petitioner, in the light of the approval (Corrigendum) granted by the AICTE dated 13-07-2026, to approach the respondent Nos.1 to 3 seeking affiliation/no objection for other course(s) viz., Diploma in Internet of Things (IOT).

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Pending further orders that would be passed by the 1^st respondent, the respondents shall consider the request of the petitioner for participating in the counseling for admission of students in respect of Computer Science and Engineering (Artificial Intelligence) and Diploma in Internet of Things. The admissions that would be made by the petitioner to the course Computer Science and Engineering (Artificial Intelligence) would be subject to the result of the orders that would be passed by the respondent No.1. The petitioner shall publish the conditions attached to the admissions in its web site.

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