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Andhra Pradesh High Court - Amravati

Maharajahs College Of Pharmacy vs The State Of Andhra Pradesh on 12 September, 2025

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

APHC010484682025
                      IN THE HIGH COURT OF ANDHRA
                                  PRADESH
                               AT AMARAVATI
                        (Special Original Jurisdiction)

         FRIDAY, THE TWELFTH DAY OF SEPTEMBER
             TWO THOUSAND AND TWENTY FIVE

                    PRESENT
  THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

                   WRIT PETITION NO: 24639 OF 2025

Between:

1. MAHARAJAHS COLLEGE OF PHARMACY, Rep by its
Correspondent      Sri. K. Venkatalakshmipathi Raju    Baugh,
Vizianagaram, Vizianagaram District, Andhra Pradesh. 2
2. . NRK KSR Gupta College of Pharmacy, Rep by its Principal
3. Vasavi Institute of Pharmaceutical Sciences, Rep by its
Correspondent Sri. Ch. Veera Venkata Subbarao Tadepalii,
West Godavari District Andhra Pradesh- 534101.
4. Emmanuel College of Pharmacy, Rep by its Principal Sri.
Rajananda Swamy Singannabanda, Bheemilipatnam Mandal
Visakhapatnam, Visakhapatnam District Andhra Pradesh.
5. Kakinada Institute of Technological Sciences, Rep by its
Correspondent Sri. Meka Vamsi Pavan Kumar Yanamala Road,
Main Road, Ambikapalli, Ramachandrapuram, East Godavari
District Andhra Pradesh.
6. Pydah College of Pharmacy, Rep by its Correspondent Sri.
Pydah Satya Sriram __ Yanam Road, Patavala, Kakinada,
Kakinada District, Andhra Pradesh
7. Raos College of Pharmacy, Rep by its Correspondent Smt.
Yeturu Krishnaveni Verannakanpur, Venkatachalam Nellore
District, Andhra Pradesh.
8. Viswanadha Institute of Pharmaceutical Science, Rep by its
Correspondent Smt. P. Uma Devi Mindhvanipalem village,
Sontyam Anandhapuram Mandal            Visakhapatnam District,
Andhra Pradesh.
                                                               SRK, J
                                2                W.P.No.24639 of 2025




9. Rajiv Gandhi College of Pharmacy, Rep by its Correspondent
Sri. Geddam Vaibbh Sri Raj Luthergiri Campus, Rajahmundry,
East Godavari District, Andhra Pradesh. .
10. Srinivasarao College of Pharmacy, Rep by its Correspondent
Sri. Sunkari Venkata Hah Rajendra           PM Palem, Behind
Visakhapatnam Mandal         Visakhapatnam District,     Andhra
Pradesh
11. Sri Venkateswara College of Pharmacy, Rep by its
Correspondent     Sri. Budumuru Srirama Murthy         Etcherla,
Srikakulam Mandal Srikakulam District, Andhra Pradesh
12. KITS College of Pharmacy for Women, Rep by its
Correspondent Sri. B. Srinivasa Rao Divili, Peddapuram Mandal
East Godavari District, Andhra Pradesh.
                                                  ...Petitioners
                              AND

1. THE STATE OF ANDHRA PRADESH, Rep by its Special Chief
Secretary, Department of Higher Education Secretariat, Tullur,
Velagapudi, Guntur District, Andhra Pradesh. 2)
2. The Andhra Pradesh State Council for Higher Education, Rep
by its Secretary       Neeladri Towers, 6th Battalian Road
Mangalagiri, Andhra Pradesh 522503.
3. The Convenor, APEAPCET-2025 Admissions, D.No11-307,
Garudadri KK towers       Flat.no-99999999999999997501, 5TH
floor, Lakshmi Narasimha Colony Bypass Road, Near Dr. YSR
Aarogyasri healthcare trust Mangalagiri, Guntur District-522 503.
4. Jawaharlal Nehru Technological University, Rep by its
Registrar Gurajada, Vizianagaram District, Andhra Pradesh.
5. Jawaharlal Nehru Technilogical University, Rep by its Registrar
Ananthapur, Ananthapur District, Andhra Pradesh.
6. awaharlal Nehru Technological University, Rep by its Registrar
Kakinada, Kakinada District, Andhra Pradesh.
7. Andhra University, Rep by its Registrar Andhra University
South Campus, Visakhapatnam, Andhra Pradesh -530003
8. Acharya Nagarjuna University, Rep by its Registrar NH16,
Nagarjuna Nagar Guntur, Andhra Pradesh 522510
9. Pharmacy Council of India, Rep by its Registrar cum Secretary
3RD Floor, Tower-1 World Trade Centre, Nauroji Nagar New
Delhi-110029.
10. The Director of Technical Education, Represented by its
Secretary Garudadri KK Towers, Lakshmi Narasimha Colony,
                                                                    SRK, J
                                  3                   W.P.No.24639 of 2025




Near NTR Vaidya Seva Trust, Mangalagiri, Guntur District,
Andhra Pradesh.
11. The State Board of Technical Education and Training Andhra
Pradesh, Rep by its Secretary - Admissions -2025 11-307,
Garudadri KK Towers Sri Lakshmi Narasimha Colony, Service
Road, Mangalagiri,Guntur, Andhra Pradesh- 522503

                                                      ...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 3RD
Respondent, Convenor in         proceeding with AP-EAPCET 2025
admissions schedule commencing this week, without including
the Petitioner institutions, as illegal,   arbitrary and violative of
Articles 14, 19(1 )(g) and 21 of the Constitution of India and
consequently     direct   the   Respondents      to    postpone       the
admissions schedule and to include the Petitioner institutions in
the counselling list, in terms of the orders of the Honble Supreme
Court    and the categorical directions of the PCI permitting
approvals till 30.09.2025 and pass such other order or direction
as deemed fit and         proper in the interests of justice and
consequently direct the 9th Respondent, PCI to grant approval to
the Petitioner institutions for the academic year 2025-26.


Counsel for the Petitioners: SRI VIJAY MATHUKUMILLI

Counsel for the Respondents 1, 10 and 11: GP FOR
EDUCATION
Counsel for Respondents 2 and 3: Ms. K. Radhika, learned
Standing Counsel.
                                                         SRK, J
                            4              W.P.No.24639 of 2025




Counsel for Respondents 4 and 6: Sri S.V. Suraj, learned
Standing Counsel.
Counsel for Respondent No.5: Sri D. Krishna, learned
Standing Counsel.
Counsel for Respondent No.7: Sri Ch. Ganga Kumar, learned
Standing Counsel.
Counsel for Respondent No.8: Sri M. Chalapati, learned
Standing Counsel.
Counsel for Respondent No.9: Sri B. Srinivas Rao, learned
Standing Counsel.
                                                                      SRK, J
                                    5                   W.P.No.24639 of 2025




The Court made the following ORDER:

      The present Writ Petition has been filed questioning the
action of 3rd respondent in proceeding with APEAPCET-2025
admissions schedule, which is likely to commence from
13.09.2025, without including the petitioners institutions, as illegal
and arbitrary and consequently seeking a direction to the
respondents to postpone the admissions schedule and to include
the petitioners institutions in the counselling list.

2.    Heard learned counsel appearing on behalf of the
petitioners institutions, learned Assistant Government Pleader for
Higher Education and respective learned Standing Counsel
appearing on behalf of respondent Nos.2 to 9.


3.    A perusal of the material on record goes to show that,
earlier this Court, in WP No.18786 of 2025, dated 22.07.2025,
and several other similar Writ Petitions, directed the respondents
therein to allow the petitioners institutions to take part in the
ongoing APEAPCET-2025 and APPGECET-2025 counselling for
filling up the seats in Pharmacy course for the academic year
2025-26.


4.    Learned counsel for the petitioners institutions submits that
despite the orders of this Court, the respondents have not
included the petitioners institutions in the list of colleges for
ensuing APEAPCET-2025 counselling. He relied upon the order
dated 08.09.2025, passed by the Hon'ble Apex Court in
                                                                SRK, J
                                6                 W.P.No.24639 of 2025




Miscellaneous Application No.1593 of 2025 with Interlocutory
Application No.214406 of 2025 in Civil Appeal No.9048 of 2012,
which reads thus.

            "1. This Miscellaneous Application is allowed
       in terms of prayer clause (a), which reads as
       under:-
       a) Grant extension of the date for completion of
       approval processes up to 30.09.2025 (qua list of
       colleges mentioned and marked as annexure A-7)
       and for compliances/appeal till 10.10.2025 to the
       Applicant/ Pharmacy Council of India for the
       academic year 2025-2026."

5.    Learned counsel also relied upon the order dated
09.09.2025, passed by the High Court of Judicature, at Madras in
WP No.34468 of 2025 and WMP Nos.38624 and 38628 of 2025,
which reads as follows.

             "In view of the above, the fourth respondent is
      hereby directed to conduct counseling for B.Pharm
      degree course (4 years) alone for Government quota
      seats in self-financing colleges for the academic
      year 2025-2026 from 01.10.2025 as per the direction
      issued by the Hon'ble Supreme Court of India in MA
      No.711 of 2025 in CA No.9048 of 2012 dated
      09.05.2025.      It is made clear that the fourth
      respondent can conduct counseling for B.Pharm
      degree course (4 years) for Government quota seats
      in self-financing colleges for the academic year
      2025-2026 from 01.10.2025 irrespective of approval
      of the petitioner college."

6.    Keeping in view the said order passed by the High Court of
Judicature, at Madras, the respondents herein have issued a
notification dated 10.09.2025 stating that based on the orders
                                                                  SRK, J
                                  7                 W.P.No.24639 of 2025




issued by the Hon'ble Madras High Court in (WP No.34468 of
2025 and WP No.34474 of 2025 dated 09.09.2025) and (WP
No.34468 of 2025 and WMP Nos.38624 and 38628 of 2025 dated
09.09.2025) the counseling for B.Pharm course (Government
Quota seats in self financing colleges) will be conducted from
01.10.2025. It is further stated that the counseling for other Allied
Health Care Degree Courses including B.Sc., Nursing, BPT, BOT,
other Allied Health Care Courses (for Government Colleges and
Government Quota seats in Self Financing Colleges) and
B.Pharm Course in Government Colleges will be scheduled from
13.09.2025 to 18.09.2025.


7.    In view of the aforesaid facts and circumstances, this Court
feels it appropriate to postpone the proposed APEAPCET-2025
counselling till 01.10.2025.


8.    With the above direction, the Writ Petition is disposed of at
the admission stage. There shall be no order as to costs.

      As a sequel thereto, the miscellaneous applications, if any,
pending in this Writ Petition shall stand closed.

                                      ________________________
                                       K. SREENIVASA REDDY, J.

Date:12.09.2025 Nsr SRK, J 8 W.P.No.24639 of 2025 HON'BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.24639 of 2025 Date:12.09.2025 Nsr