Andhra Pradesh High Court - Amravati
Raos School Of Business And Technology vs The State Of Ap on 18 July, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
[3327]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE EIGHTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 18333 OF 2025
Betwee n :
RaoJs School Of Business And Technology, Rep by its Correspondent
Smt. Y. KrishnavenI-Venkatachalam Nellore District, Andhra Prades Petitioner AND
1. The State ofAndhra Pradesh, Rep by its SpecI-aI Chief Secretary, Department of Higher Education Secretariat, Tullur, Velagapudi, Guntur Dl-strict, Andhra Pradesh MangalagI'ri, Guntur DistrI-Ct, Andhra Pradesh
2. The Andhra Pradesh State Council for Higher Education, Rep by its Secretary Neeladri Towers, 6th Battalian Road MangalagjrI-,._Andhra Pradesh 522503
3. VI-kram Simhapuri university, Rep by its RegI-Strar Vikrama SI-mhaPurI' University Kakutur, Nellore District Andhra Pradesh 524320
4. All India Council for Technl-Gal Education, Rep by its Secretary Nelson Mandela Marg, Vasant Kunj NEW Delhi -110070
5. ndhra Pradesh Higher Education Regulatory and Monitoring Commission, Rep by its Member-Secretary 3rd FIoor, Sree Mahendra Enclave, NRI BIock (C-BIock). NH-16, TadepaIIi, Guntur DI-Strict -
522501
6. The Director of Technical Education, Rep by I-tS Secretary Garudadri KK Towers, Lakshmi Narasimha colony, Near NTR Vaidya Seva Trust, Mangalagl'ri, Guntur District, Andhra Pradesh.
Respondents WHEREAS` the Petitioner above named through its Advocate SRI VIJAY MATHUKUMILLl, presented this 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 on the part of the Respondents in not placing the Petitioner-InstI'{utiOn in the COunSeIII'ng list for admissions into the MBA and MCA courses for the academic year 2025-26 on the ground that the 5th Respondent Regulatory Commission has not determine the fee structure in respect of the petitioner- Institution, oblivious of the fact that the fee structure was already determined in respect of the erstwhile two I separate entities for the block period 2023-24 to 2O25-26 to whI'Ch Were later merged into one Unit i.e. the PetI'tiOner-Institution whI'Ch Was taken note by the 3rd Respondent UnI-VerSI'ty also and thereby disabling the petitioner-Institution from taking part in the counselling for the year 2025-26, as being arbitrary, illegal, unwarranted and violative of Articles 14 and 19(1 )(g) of the ConstI'tutiOn of lndl-a and violative of the National Council for Technical Education Act and the Rules famed thereunder as well as the provisions of Andhra Pradesh University Act and consequently direct the 5TH Respondent, Regulatory Commission to renotify the {uitl-on fee towards the petitioner institution and issue such other writ or order or direction as deemed fit and proper I'n the circumstances of case;
AND WHEREAS the High Court upon perusl|ng the petition and affidav,'t herein and upon hea`ring the arguments of srI- SRI VIJAY MATHUKUMILLl, Advocate for the petitioner, learned GP FOR HIGHER EDUCATION for the Respondent Nos.1&6, Ms. K, RADHIKA, Standing Counsel for the Respondent No.2 and of Sri CHINNAPPA, Standl'ng Counsel for the Respondent No.3, Ms. M. UMA DEVI, Standing Counsel for the Respondent No.4 and of Sri V. VIVEKA,.Standing Counsel for the Respondent No.5 directed issue of notice t9_the Respondents herein to show cause as to why this WRIT PETITION=Should not be admitted.
You viz:
= I- 1. The Special Chief Secretary, state ofAndhra Pradesh, Department of Higher Education Secretariat, Tullur, Velagapudi, Guntur District, Andhra Pradesh Mangalagiri, Guntur District, Andhra Pradesh
2. The Secretary, Andhra Pradesh State Council for Higher Education, Neelaqri Towers, 6th Battalian Road Mangalagiri, Andhra Pradesh 522503
3. The Registrar, Vikram Simhapuri University, Vikrama Simhapuri University Kakutur, NeIIore District Andhra Pradesh 524320
4. The Secretary, All India Council for Technical EducatI-On, Nelson Mandela Marg, Vasant Kunj NEW Delhi -110070
5. The ..Member-Secretary, Andhra Pradesh Higher Education Regulatory and Monitoring Commission, 3rd FIoor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16, Tadepalli, Guntur District -522501
6. The Secretary, Director of Technical Educatl'on, Garudadrl' KK Towers, Lakshmi NarasI-mha Colony, Near NTR Vaidya Seva Trust, Mangalagiri, Guntur District, Andhra Pradesh.
are be and hereby dI-reCte.d tO Show Cause either appearing I'n Person Or through an Advocate, as to why in the circumstances set out in the pe{l-lion and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admi-tted, within four weeks .
lA NO: TOE 2025
- Petition under section 151 CPC is filed praying that I-n the cI'rCumStanCeS Stated in the grounds fI'led in Support Of the Petition, the High Court may be pleased to direct the 3rd Respondent UnI'VerSity tO include the name of the Petitioner-Institution in the counselling list enabling I't tO take part in the ongoing counselling for the academI'C year 2025-26, duly indicating the tuition fee simI'lar tO that Of the Previous academic year 2024-25, pe-nding disposal of WP No. 18333 of 2025, on the file of the High Court.
t The Court made the following ORDER:
Notice before admission.
Learned Assistant Government PIeader for Higher Education takes notices for respondent Mos.1 and 6.
Ms. K.Radhika, learned Standing Counsel for APSCHE takes notice for respondent No.2.
sri chinnappa, learned Standing Counsel takes notice for respondent No.3[ Ms.M.Uma Devi, learned Standing Counsel for A[CTE-takes notice for respondent No.4.
Sri V. Viveka, learned Standing Counsel takes notice for respondent No.5.
This Writ Petition has been filed questioning the action of the .respondents in not placing the petitioner institution in the counseling list for admissions into the MBA and MCA courses for the acadeinic year 2025-26 on the ground that the 5th respondent Regulatory Commission hast not determined the fee structure in respect of the petitioner institution.
Learned counsel for the petitioner institution submits that originally the petitioner institution commenced in the name of Velankanni Institution of Management Studies, Nellore and the said name has been changed to {fRao]s School of Business and Technology, NeIIore". Pursuant to change of name, the Apex Body i.e., AICTE approved the same and thereafter the University also granted approval for change in the name and further the State Government also given its approval for change of the name.
Learned Standing Counsel appearing on behalf of 5th respondent submits that on the ground that the University has not sent any e-mail to them, the petitioner institution was not allowed to participate in the counseIIing.
A perusal of the material on record goes to show that the petitioner institution has submitted all the records pertaining to change of name. It is also pertinent to mention here that I-n G.O.Ms.No.48, Hl-gher Education (RM) Department, dated 17.08.2023, issued by the Government of Andhra Pradesh, at SI.No.232J the Proposed fee Per CaPita Per annum for earlier petitioner institution viz., Velankanni Institution of Computer and Management Studies, Nel]ore, was shown as Rs.35,000/-. ]n view of change in the name, not allowing the petitioner institution to participate in the counseIIing is not tenable.
ln view of the aforesaid facts and circumstances, the respondents are directed to allow the petitioner institution to take part in the counseling for admissI-OnS into the MBA and MCA courses for the academic year 2025-26 forthwith.
List the matter after four (4) weeks.
SD/-G.HEL NAIDU
ASSISTANT STRAR
//TRUE COPY//
OFFICER
ForJ
To,
1. The Special Chief Secretary, state of Andhra Pradesh, Department of Higher Education Secretariat, Tullur, Velagapudi, Guntur District, Andhra Pradesh Mangalagiri, Guntur District, Andhra Pradesh (BY SPECIAL MESSENGER)
2. The Secretary, Andhra Pradesh State Council for Higher Education, Neeladri Towers, 6th Battalian Road Mangalagiri, Andhra Pradesh 522503
3. The Registrar, Vikram Simhapuri University, Vikrama Simhapuri University Kakutur, NeIIore District Andhra Pradesh 524320
4. The Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj NEW Delhi -110070 (
5. The Member-Secretary, Andhra Pradesh Higher Education Regulatory and Monitoring Commission, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-BIock). NH-16, Tadepalli, Guntur District -
522501
6. The Secretary, Director of Technical Education, Garudadri KK Towers, LakshmI' Narasimha Colony, Near NTR Vaidya Seva Trust, Mangalagiri, Guntur District, Andhra Pradesh. (Addressee Nos.2 to 6 by RPAD- along with a copy 'of petition and affl'davit)
7. One CC to SRI. SRI VIJAY MATHUKUMILLI Advocate [OPUC]
8. Two CCs to GP FOR HIGHER EDUCATION ,High Court OfAndhra Pradesh. [OUT]
9. One CC to Ms. K. RADH.lKA, STANDING COUNSEL [OPUC]
10. One CC to Ms. M. UMA DEVl, STANDING COUNSEL [OPUC] ll. One CC to Sri CHINNAPPA, STANDING COUNSEL [OPUC]
12. One CC to Sri V. VIVEKA, STANDING COUNSEL [OPUC]
13. Onesparecopy KJ HIGH COURT SRK,J DATED: 18/07/2025 LIST THE MATTER AFTER FOUR (4) WEEKS NOTICE BEFORE ADMISSION WP.No.18333 of 2025 DIRECTION