MEMORANDUM OF WRIT APPEAL

(UNDER CLAUSE 15 OF LETTER PATENT)

IN THE HIGH COURT OF ANDHRA PRADESH AT

AMARAVATHI

WRIT APPEAL No. OF 2023

AGAINST

ORDER DATED 28.07.2023 IN I.A.No.01 OF 2023

IN
W.P.No.19006 of 2023
Between:
The Andhra Pradesh State Council for Higher Education,
Government of Andhra Pradesh, Rep. by its Secretary,
Niladri Towers, 6th Battalian Road, Mangalagiri,
Guntur District, Andhra Pradesh-522503.
...Appellant/Respondent No.2 in W.P
And

1. Sri Sai Leela College of Education,

Rep by its Correspondent Smt N Lakshmi Sheshu Prasanna Rajayyapeta
Village Rajam Mandal Srikakulam District Andhra Pradesh.
… Respondent/Writ Petitioner

2. The State of AP,

Rep. by its Special Chief Secretary,
Higher Education Department,
Secretariat, Tullur, Velagapudi, Guntur District.

3. Dr BR Ambedkar University
Rep by its Registrar Srikakulam Andhra Pradesh

4. Dr BR Ambedkar University
Rep by its Controller of Examinations Srikakulam Andhra Pradesh
…Respondents/Respondent Nos.1, 3 & 4 in W.P

The address of service of all notices and process on the above named

appellant is that of their Counsel S.Parineeta, Standing Counsel for

APSCHE, High Court of A.P., Amaravathi.

 The above named Appellant beg to present this Memorandum of Writ

Appeal against judgement in I.A.No.01 of 2023 in W.P.No.19006 of 2023

dated 28.07.2023 passed by Learned Single Judge for the following grounds

among others:

GROUNDS

1. That the impugned order dated 28.07.2023 in I.A.No.01 of 2023 in

W.P.No.19006 of 2023 passed by Learned Single Judge is arbitrary

against the evidence of the case and contrary to law and the same is

liable to be set aside.

2. The Learned Single Judge ought to have seen that the writ petitioner

college should have obtained affiliation from the concerned University,

fee notified by the 1st Respondent Government for the academic year

2022 to be included in the counselling slated under EDCET 2022-23.

The writ petitioner college did not have these basic permissions and

approached the Hon’ble Court in a piece meal manner and obtained

orders and by that time the same are implemented the counselling for

EDCET 2022 and Spot Admissions timelines were concluded by the

competent authorities.

3. The LSJ ought to have seen that the basic requirement of attendance

of 65% which is mandatory cannot be complied by the students

admitted by the writ petitioner college as on date the impugned order

is passed which is contrary to the mandatory Rules and Norms

prescribed by the State & Central Regulatory Authorities with regard

to Working Days and Attendance for B.Ed. Student Teacher course.

4. The LSJ passed the impugned order in gross violation of mandatory

requirement of attendance at minimum 65% admitted by the writ

petitioner colleges which is a total irregularity and illegality

committed.

5. The LSJ ought to have seen before passing the impugned order that

the APEdCET-2022 web-based Convener admissions counselling was

conducted in two phases i.e., Phase-I during 22.10.2022 to

08.11.2022 and Phase-II during 06.03.2023 to 09.03.2023 by the

competent authority. Thereafter the exercising of web options took

place from 17.02.2023 to 24.02.2023 for Phase-I and 10.03.2023 to

12.03.2023 for Phase-II respectively.

6. The LSJ ought to have seen before passing the impugned order that

the Appellant issued guidelines and notified the Spot admissions for

left over seats of Category-A admissions on 03.04.2023. The

institutions were instructed to complete the Spot admission process

and upload the students details and payment of processing fee during

04.04.2023 to 14.04.2023 without late fee and 15.04.2023 to

22.04.2023 with late fee of Rs.2000/- per day per institution.

7. The LSJ ought to have seen before passing the impugned order that

the writ petitioner has approached the Appellant on 31.07.2023 to

ratify the admissions made by the writ petitioner college after the

closure of APEDCET-2022 Spot and management (Cat-B) admissions

counselling i.e., 29.04.2023. That apart the writ petitioner institution

 enclosed only the list of students’ names admitted by them in the

request letter dated 31.07.2023 without submitting necessary

documents of the students admitted for verification and ratification as

per norms and Rules at all. Hence the question of implementing the

impugned orders by the appellant is practically impossible task and

the same is contrary to law and facts of the case.

8. That the Appellant crave for leave of this Hon’ble Court to urge any

other ground at the time of hearing.

Date: 03.08.2023
Place: Amaravathi Counsel for the Appellant.
 SRIKAKULAM DISTRICT

IN THE HIGH COURT FOR

THE STATE OF ANDHRA
PRADESH AT AMARAVATHI

W.A No. OF 2023

Against
I.A.No.1 of 2023
IN
W.P No.19006 of 2023

MEMORANDUM OF GROUNDS

Filed by
COUNSEL FOR THE APPELLANT
 IN THE HIGH COURT OF JUDICATURE OF
ANDHRA PRADESH AT AMARAVATHI

WRIT APPEAL No. OF 2023

AGAINST

ORDER DATED 28.07.2023 IN I.A.No.01 of 2023

IN
W.P.No.19006 of 2023

Between:
The Andhra Pradesh State Council for Higher Education,
Government of Andhra Pradesh, Rep. by its Secretary,
Niladri Towers, 6th Battalian Road, Mangalagiri,
Guntur District, Andhra Pradesh-522503.
...Petitioner/Appellant/Respondent No.2 in W.P
And

1. Sri Sai Leela College of Education,

Rep by its Correspondent Smt N Lakshmi Sheshu Prasanna Rajayyapeta
Village Rajam Mandal Srikakulam District Andhra Pradesh.
… Respondent/Respondent/Writ Petitioner

2. The State of AP,

Rep. by its Special Chief Secretary,
Higher Education Department,
Secretariat, Tullur, Velagapudi, Guntur District.

3. Dr BR Ambedkar University
Rep by its Registrar Srikakulam Andhra Pradesh

4. Dr BR Ambedkar University
Rep by its Controller of Examinations Srikakulam Andhra Pradesh
…Respondents/Respondent Nos.1, 3 & 4 in W.P

AFFIDAVIT

I, …………, Son of Sri ………….., aged about ……. years, working as

Secretary of ……………………….. situated at ………………, do hereby

solemnly affirm and sincerely state on oath as follows:

1. I am the Secretary of the ………………………… , as such I am well

acquainted with the facts of the case. I am authorized to file this

Affidavit on behalf of the Petitioner/Appellant Andhra Pradesh

State Council for Higher Education (herein after referred as the

“Council/APSCHE”).

2. It is respectfully submitted that the Writ petitioner filed the above

W.P. with the following prayer:

“…..declaring the action of the Respondents more

particularly the action of the 2nd Respondent in not
ratifying the admissions of the students studying in the
Petitioner Institution and that of 3rd Respondent University
in not accepting the Examination Fee and not issuing the
Hall Ticket for the forthcoming semester-I examinations of
the students admitted by the Petitioner Institution under
the Management Quota for the academic year 2022-23 as
being arbitrary illegal and violative of Articles 14 and 19(1)
(g) of the Constitution of India besides being in
contravention of A.P Universities Act and the Rules framed
there under and consequently direct the 2nd Respondent
Council to ratify the admissions of 55 students made into
the Petitioner Institution for the academic year 2022-23
and issue
…”

3. It is respectfully submitted that Writ Petitioner obtained impugned

orders dated 28.07.2023 in I.A.No.01 of 2023 in the above W.P. at

the admission stage

“....
Having regard to the submissions made by the learned
counsel for the petitioner and learned Standing Counsel for
the respondents, it is an admitted fact that the petitioner
institution made admissions under spot admissions quota
for management category, at last stage pursuant to the
direction of this Court. Therefore, minimum 65% of
attendance cannot be implemented in respect of these
students who were admitted at later stage. In view of
proposed ratification by the 2nd respondent, the claim of
the petitioner-institution can be considered and it may be
 allowed to pay the examination fee as fixed by respondent
Nos. 3 subject to ratification proceedings to be issued by
the 2nd respondent.
Therefore, the 2nd respondent herein is categorically
directed to issue proceedings for ratification of admissions
of the petitioner institution and communicate the same to
the 3rd respondent herein with immediate effect.
Thereupon, the 3rd respondent is directed to receive the
examination fees payable by the students of the petitioner-
institution without referring to the requirement of
attendance @65%. Finally, the 3rd respondent is further
directed to receive the examination fees from the petitioner
institution subject to the ratification of the students by the
2nd respondent on 30.07.2023 or thereafter but prior to the
schedule of examinations.

.…”

4. It is respectfully submitted that the writ petitioner has filed

W.P.No.7559 of 2023 with the following prayer:

“… declaring the action of the 2, 3 and 5th Respondents more

particularly the 5th Respondent in issuing show cause notice
dated 04.11.2022 8,6,24.11.2022 and consequential
communication on 07.02.2023 thereby disabling the Petitioner
institution to take part in the EdCET-2022 counselling without
considering the explanations given by the Petitioner on
01.12.2022 and 04.03.2023 as being arbitrary illegal
unwarranted and violative of Articles 14 and 19 of the
Constitution of India and violative of the National Council for
Teacher Education Act and the Andhra Pradesh Universities Act
and the Rules famed thereunder and consequently set aside the
impugned show cause notice Dated 24.11.2022 and
consequential proceeding Dated 07.02.2023 and issue….”

In regard to this the Hon’ble Court passed interim orders to include

the petitioner college in the ongoing counselling on 31.03.2023 to

the Respondents therein.

5. It is respectfully submitted that Writ Petitioner has filed another

writ after realizing the petitioner college would not be included in

the counseling if no fee is recommended by the Andhra Pradesh

 Higher Education Regulatory and Monitoring Commission and

notified by the Government and hence the W.P.No.10732 of 2023 is

filed with the following prayer:

“…declaring the action of the 3rd Respondent in not considering

the representation submitted by the Petitioner institution on
17.03.2023 and determining the fee structure to the Petitioner
institution for the academic year 2022-23 as being arbitrary
illegal unwarranted and violative of Articles 14 and 19 of the
Constitution of India and violative of the Andhra Pradesh Higher
Education Regulatory and Monitoring Commission APHERMC Act
19 of 2020 and the Rules famed thereunder and consequently
direct the 3rd Respondent to determine the fee structure of the
Petitioner institution for the academic year 2022-23…”

The said writ petition was allowed by this Hon’ble Court to regulate

the fee which was implemented by the Respondent Commission

therein and forwarded the recommendation of fee to the

Government for notification to the petitioner college for the

academic year 2022-23.

6. It is respectfully submitted that Writ Petitioner has again

approached the Hon’ble Court filed W.P.No.14976 of 2023 with the

following prayer:

“…declaring the action of the Respondents more particularly the

4th Respondent Commission in not determining the fee for the
Petitioner institution and the consequential action of the 2nd
Respondent in not considering the representation of the Petitioner
dated 28042023 requesting to ratify the admissions of the
students made by the Petitioner Institution as being arbitrary
illegal and violative of Articles 14 and 19 1 g of the Constitution
of India despite clear orders of this Honorable Court in
W.P.No.7559 of 2023 dated 31.03.2023 and W.P.No.10732 of
2023 dated 26.04.2023 and in contravention of the APHERMC
Act Andhra Pradesh State Council for Higher Education Act 1988
and consequently direct the 5th Respondent University to allow
the students of the Petitioner Institution to take the examinations
for the academic year 2022-23…”
 The said writ petition was allowed and the Government Respondent

therein issued G.O.Ms.No.26, Higher Education (RM) Department

dated 18.07.2023 implementing the orders of the Court.

7. In this background, the writ petitioner again approached the

Hon’ble Court by filing the present Writ i.e., W.P.No.19006 of 2023

and obtained the interim order which is impugned herein before

this Hon’ble Court.

8. It is respectfully submitted that the Petitioner/Appellant conducted

APEdCET-2022 web-based Convener admissions counselling in

two phases i.e., Phase-I during 22.10.2022 to 08.11.2022 and

Phase-II during 06.03.2023 to 09.03.2023. Thereafter the

exercising of web options took place from17.02.2023 to 24.02.2023

for Phase-I and 10.03.2023 to 12.03.2023 for Phase-II respectively.

The left over seats handed over by the Convener are filled by the

respective institutions under Spot admissions category without any

transparent procedure and admitting students not qualified in

Common Entrance Test (CET) more so from other states. The

Petitioner/Appellant issued guidelines and notified the Spot

admissions for left over seats of Category-A admissions on

03.04.2023. The institutions were instructed to complete the Spot

admission process and upload the students details and payment of

processing fee during 04.04.2023 to 14.04.2023 without late fee

and 15.04.2023 to 22.04.2023 with late fee of Rs.2000/- per

day per institution. It may be noted by this Hon’ble court that 80

 to 90% of the admissions made under spot admissions category are

done by the respective B.Ed., colleges including petitioner’s college

with other state students and submitting fraudulent certificates of

the eligibility of students admitted violating rules and norms

prescribed at the 11th hour. This conduct of the Writ Petitioner’s

college and similarly placed colleges in not following the time lines

prescribed under counselling schedule is making the job of

Competent Authority more difficult to ratify the admissions in time

after due verification.

9. It is further submitted that the academic schedule for B.Ed

programme for the AY 2022-23 commenced from 03.03.2023 by

Dr. B.R. Ambedkar University to which the writ petitioner

institution is affiliated. According to the academic regulations of

Dr. B.R. Ambedkar University for B.Ed., programme, a student is

supposed to maintain a minimum of 80% of attendance to apply

for Semester Examinations notified by the University. Hence all the

admissions should have been completed on or before 15.04.2023

failing which a student admitted after 15.04.2023 cannot satisfy

the 80% minimum attendance requirement as per academic

regulations. Keeping this in view the Competent Authority has fixed

the last date for concluding Spot admissions and uploading the

students’ data by all B.Ed., institutions as 15.04.2023 without late

fee. However, the private B.Ed., College Managements association

has submitted a representation on 12.04.2023 requesting to

 extend the last date for uploading admissions data up to

30.04.2023. Accordingly, the Competent Authority based on the

said request of private B.Ed., College Managements association,

extended the last date from 14.04.2023 to 21.04.2023 without

late fee and from 22.04.2023 to 29.04.2023 with late fee of

Rs.2000/- per day per institution for uploading student details

and payment of processing fee for spot admissions. The late fee of

Rs.2000/- per day is for the college and that too irrespective of

number of candidates admitted. Hence the Competent Authority

liberally facilitated the uploading of spot admissions along with the

documents for ratification giving 15 more days for those

admissions concluded on or before 15.04.2023. The Competent

Authority does not have an intention to collect money from these

colleges. The Competent Authority has granted 15 days time after

the last date of admission which is sufficient time for the colleges

to upload student details and pay the processing fee who are

admitted within stipulated time. Each college is expected to upload

maximum 100-150 students’ details only.

10. It is further submitted that majority of the B.Ed., institutions are

admitting 80% to 90% of the students from outside the state

without any transparent procedure and merit, including the

petitioner college. The said institutions are uploading the

candidates’ certificates which are not genuine, irrelevant and

unreadable (Image not clear) documents which are to be verified

 by the Competent Authority in a time bound manner in order to

ratify such admissions. The officers of APSCHE are spending lot of

time and effort to verify the certificates of each and every candidate

very carefully to determine the eligibility and genuinity for approval

as per rules and norms and accordingly issue the proceedings of

list of ratified candidates to the respective universities to comply

with the norms of 80% minimum attendance as per academic

schedule. In fact, the Petitioner/Appellant strictly adhered to the

notified counselling schedule so as to provide sufficient time for

ratification of admissions and issue proceedings well before the

commencement of the examinations to enable the respective

universities to accept the examination applications in order to

complete the B.Ed programme smoothly. It is in this context, the

Competent Authority prescribed the late fee and penalty for such

colleges which failed to upload the student details and pay the

processing fee after the last date i.e 29.04.2023 only to ensure

completion of admission process in time.

11. It is humbly submitted that the writ petitioner institution did not

submit the list of students admitted in their college along with

necessary documents to the Petitioner/Appellant till date for

verification and ratifying the admissions made by them for the

Academic Year 2022-23. It is further submitted that the writ

petitioner institution did not make any admissions in the previous

 two academic years for the reason that the fee for the block period

2020-2022 is fixed only on 18.07.2023.

12. In fact, the petitioner institution has requested this respondent on

31.07.2023 to ratify the admissions made by them after the closure

of APEDCET-2022 Spot and management (Cat-B) admissions

counselling i.e., 29.04.2023. It is further submitted that the

petitioner institution enclosed only the list of students’ names

admitted by them in the request letter dated 31.07.2023 without

submitting necessary documents of the students admitted for

verification and ratification.

13. It is humbly submitted that this respondent is ready to verify and

ratify the admissions as and when the petitioner institution

submits the necessary documents of the students admitted in their

college for the Academic Year 2022-23. It is further submitted that

the students admitted in this college on or after the issuance of fee

fixation G.O.Ms.No.26 Higher Education (RM) department dated

18.07.2023 will not fulfil the academic requirements (minimum

80% attendance) of the affiliating University and Regulating

Authority NCTE. However, these students may continue the B.Ed.,

programme along with the students admitted in the academic year

2023-24.

14. In this context it is respectfully submitted that the Rules and

Regulations of B.Ed., courses offered by various Universities in the

 State of AP under ‘IX. Rules of Attendance’, 80% of teaching

instructional period and 90% of attendance during the period of

practice teaching cum internship of B.Ed. programme is required.

The Vice Chancellor may condone deficiency of attendance not

exceeding 10% on the recommendations of the Principal of the

college. Infact as per NCTE Act, Norms and Standards of B.Ed.,

Programme, 2.Duration of Working days : 2.2 (c) The minimum

attendance of students teachers shall have to be 80% for all

colleges and practicum, and 90% for school internship. That apart

as per Department of Education Dr.B.R.Ambedkar University,

Srikakulam, the Respondent University herein, as per their norms

under VII.WORKINGS DAYS & ATTENDANCE, the minimum

attendance of Student-Teacher shall have to be 80% for all course

work, 90% for all practicum, and 100% for school internship (5%

attendance may be condoned by the head of institution on genuine

grounds). Thus, the impugned orders passed by the Learned

Single Judge waving minimum 65% attendance and allowing them

to write the examinations for the semester for the students

allegedly admitted, not ratified by the appellant till today is totally

contrary to the above standards and norms of the Central, State

Regulatory Bodies of minimum attendance requirement which is

mandatory in law. Hence, on this ground alone the impugned

order has to be set aside or suspended by this Hon’ble Court.

It is therefore prayed that for the reasons mentioned in the grounds of

Writ Appeal and the affidavit filed herein, it is prayed that this Hon’ble Court
may be pleased to suspend the operation of order dated 28.07.2023 in

I.A.No.01 of 2023 in W.P.No.19006 of 2023, pending disposal of the Writ

Appeal and pass such other order or orders as deem fit and proper in the

facts and circumstances of the case.

Sworn and signed before me on this

The day of August, 2023 at
Amaravati DEPONENT

ATTESTOR

VERIFICATION STATEMENT

I, …………, Son of Sri ………….., aged about ……. years, working as

Secretary of ……………………….. situated at ………………,, do hereby

solemnly affirm and sincerely state and declare that the contents of paras of

the above Affidavit are true and correct to the best of my knowledge and

belief and borne of record. Hence, verified on this the …… day of August,

2023 at Amaravati.

COUNSEL FOR THE APPELLANT DEPONENT