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Andhra Pradesh High Court – Amravati
Hmks And Mgsm College Of Educationa M.Ed vs The State Of Ap on 30 July, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
[3327 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE THIRTIETH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE .
/ :PRESENT:
T^ HONOURABLE SRI JUSTICE K SREENIVASA REDDY ■'n
. •. 'rr-5--
WRIT PETITION NO: 19578 OF 2025
Between:
HMKS & MGSM COLLEGE OF EDUCATIONA (M.Ed), Rep by its
Correspondent Sri. Abdul Samad Kanagala, Cherukupalli Mandal,
Guntur District, Andhra Pradesh.
Petitioner
AND
1. The State of Andhra Pradesh, Rep by its Special Chief Secretary Higher
Education Department, Tulluru, SecretariatBuildings Velagapudi, Guntur
District.
2. The National Council for Teacher Education, Southern Regional
Committee Rep by its Regional Director G-7, Sector-10, Dwaraka New
Delhi – 110075.
3. The National Council for Teacher Education, Southern Regional
Committee Rep by its Member Secretary G-7, Sector-10, Dwaraka New
Delhi – 110075.
4. The Convener, APPGCET- 2025 admissions Sri Venkateswara
University, Tirupati, Tirupathi District, Andhra Pradesh.
5. Acharya Nagarjuna University. Rep by its Registrar Nagarjuna Nagar,
Guntur District, Andhra Pradesh.
6. The Andhra Pradesh State Council for Higher Education Government
of Andhra Pradesh Rep by its Secretary Neeladri Towers, 6TH Battalian
Road, Mangalagiri, Andhra Pradesh 522503.
Respondents ^
WHEREAS the Petitioner above named through its Advocate SRI
VIJAY MATHUKUMILLI, 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 of the 2 nd
Respondent Regional Director, National Council for Teacher Education,
Southern Regional Committee in issuing the orders vide File No.
NCTE/2025/SRC /PAR/ORDER/APS07303/150927, dated 02- 07-2025
whereby and whereunder the recognition granted to the Petitioner- Institution
is withdrawn on pretext that the Petitioner institution failed to upload the
Performance Appraisal Report (PAR) for the academic years 2021-22 on the
NCTE website in 4erms of the Public Notice issued by the 3 Respondent,
Member-Secretary, without there being any show cause notice issued to the
Petitioner U/s 17(1) of NCTE Act 1993, and thereby disabling the Petitioner-
Institution to take part in the online counselling for admission into Master of
Education (M.Ed) Course for the academic year 2025-26 as being arbitrary.
Illegal, unwarranted and violative of Articles 14 and 19 of the Constitution of
India, and violative of the Section 17 of National Council for Teacher
Education Act 1993 and the Rules famed thereunder and consequently set
aside the same; /
AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and
upon hearing the arguments of Sri SRI VIJAY
MATHUKUMILLI, Advocate for the Petitioner, learned GP FOR HIGHER
EDUCATION for the Respondent No.1, Sri V. Hemanth Kumar, Standing
Counsel for the Respondent Nos.2&3 and of Sri VIJAYA BHASKAR, Standing
Counsel for the Respondent No.4, Sri R. CHALAPATHI, Standing Counsel for
the Respondent No.5, Smt. K. RADHIKA, Standing Counsel for the
Respondent No.6 directed issue of notice to the Respondents herein to show
cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Special Chief Secretary Higher Education Department, Tulluru,
SecretariatBuildings Velagapudi, Guntur District, State of Andhra
Pradesh
2. The Regional Director, National Council for Teacher Education,
Southern Regional Committee, G-7, Sector-10, Dwaraka New Delhi –
110075.
3. The Member Secretary, National Council for Teacher Education,
Southern Regional Committee, G-7, Sector-10, Dwaraka New Delhi –
110075.
4. The Convener, APPGCET- 2025 admissions Sri Venkateswara
University, Tirupati, Tirupathi District, Andhra Pradesh.
5. The Registrar, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur
District, Andhra Pradesh.
6. The Secretary,.Andhra Pradesh State Council for Higher Education,
Government of Andhra Pradesh, Neeladri Towers, 6TH Battalian Road,
Mangalagiri, Andhra Pradesh 522503.
are be and hereby directed to show cause either appearing in person or
through an Advocate, as to why in the circumstances set out in the petition
and the affidavit filed therewith (copy enclosed) this WRIT PETITION should
not be admitted.
lA NO: 1 OF 2n2fi
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the grounds filed in support of the petition, the
High Court may be pleased to direct the Respondent Nos. 4 to 6 to permit
the Petitioner Institution to participate in APPGCET-2025 counselling to the
course of Master of Education (M.Ed) for the academic year 2025-26 without
taking consideration of the Impugned Withdrawal order dated 02-07-2025,
pending disposal of WP No. 19578 of 2025, on the file of the High Court.
lA NO: 2 OF 2025
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the grounds filed in support of the petition, the
High Court may be pleased to suspend the impugned withdrawal order vide
File No. NCTE/2025/SRC/PAR/ORDER/APS07303/15P927, dated 02-07-2025
issued 2″^ Respondent, pending disposal of WP ^6. 19578 of 2025, on the
file of the High Court. ^
The Court made the following ORDER:
Notice before admission.
Heard both the learned counsel.
A perusal of the material on record goes to show that 2″‘*
Respondent issued impugned withdrawal order vide File
NO.NCTE/2025/SRC/PAR/ORDER/APSO7303/150927, dated 02.07.2025,
Whereunder the recognition granted to the petitioner-institution was
withdrawn on the pretext that the petitioner-institution failed to upload
the Performance Appraisal Report (PAR) for the Academic Years 2021-22
on the NCTE website in terms of Public Notice issued by 3^’* Respondent
without there being any show cause notice issued to the Petitioner
under Section 17(1) of the NCTE Act, 1993 and thereby disabling the
Petitioner-Institution to take part in the online counselling for admission
into Master of Education (M.Ed) Course for the academic year 2025-26.
Learned counsel for the petitioner would contend that section
17(3) of the National Council for Teacher Education (NCTE) Act, 1993
mandates that any orders withdrawing the recognition passed in terms
of Section 17 of the NCTE Act will take effect from the following
Academic Year, but not from the current Academic Year, In the similar
circumstances, the High Court of Delhi, vide Judgment, dated 13.03.2023
in LPA No.190 of 2021 and C.M.Nos.18838 of 2021 and Batch, quashed
the Public Notice under challenge and it was observed that the Notice
necessitating on the Teacher Education Institutions running under NCTE
recognized Teacher Education courses to file a Performance Appraisal
Report annually, is unsustainable and the same is in violation of theprovisions of the NOTE Act.
th
Having regard to the facts and circumstances of the case, 4
respondent is directed to permit the Petitioner-Institution to participate
in the online counselling for admission into Master of Education (M.Ed)
Course for the Academic Year 2025-26, without reference to theimpugned Withdrawal Order, vide. File
NO.NCTE/2025/SRC/PAR/ORDER/APSO7303/150927 dated 02.07.2025.
SD/- K. KASIRAO ACHAR!
ASSISTANT REGISTRAR
//TRUE COPY// SECTION OFFICER
For
To
1. The Special Chief Secretary Higher Education Department, Tulluru,
SecretariatBuildings Velagapudi, Guntur District, State of Andhra
Pradesh (BY SPECIAL MESSENGER)
2. The Regional Director, National Council for Teacher Education,
Southern Regional Committee, G-7, Sector-10, Dwaraka New Delhi –
110075.
3. The Member Secretary, National Council for Teacher Education,
Southern Regional Committee, G-7, Sector-10, Dwaraka New Delhi –
110075.
4. The Convener, APPGCET- 2025 admissions Sri Venkateswara
University, Tirupati, Tirupathi District, Andhra Pradesh.
5. The Registrar, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur
District, Andhra Pradesh.
6. The Secretary, Andhra Pradesh State Council for Higher Education,
Government of Andhra Pradesh, Neeladri Towers, 6TH Battalian Road
Mangalagiri, Andhra Pradesh 522503. (Addressee Nos.2 to 6 by RPAD-
along with a copy of petition and affidavit)
7. One CC to SRI. SRI VIJAY MATHUKUMILLI Advocate [OPUC]
8. TwoCCsto GP FOR HIGHER EDUCATION ,High Court Of Andhra
Pradesh. [OUT]
9. One CC to Ms. K. RADHIKA, STANDING COUNSEL [OPUC]
10.
One CC to Sri V. Hemanth Kumar, STANDING COUNSEL
[OPUC]
11.
One CC to Sri R. CHALAPATHI, STANDING COUNSEL [OPUC]
12.
One CC to Sri R. CHALAPATHI, STANDING COUNSEL [OPUC]
13.
One spare copy
KJ
HIGH COURT
SRK,J
DATED:30/07/2025
NOTICE BEFORE ADMISSION
WP.No.19578 of 2025
INTERIM DIRECTION
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