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Judgment
This Writ Petition is filed by the petitioners seeking the following relief:
"to issue any appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not permitting the Petitioner Institution to participate in the counselling process for the Academic Year 202627 and not permitting the Petitioner Institution to take admissions for the Academic Year 202627 as being arbitrary illegal and unconstitutional and set aside the same and consequently direct the Respondents to consider and treat the Petitioner Institution as a validly approved institution for the courses as approved by the AICTE for the Academic Year 202627 by including the Petitioner Institution in the counselling process for the Academic Year 202627 and permit the Petitioner Institution to take admission for the intake as approved by the AICTE for the Academic Year 202627 and pass..."
Heard Sri Tarun G. Reddy, learned counsel for the petitioners and Sri S.Rahul Reddy, learned Special Government Pleader, appearing for the respondents. Perused the record.
Learned counsel for the petitioners submitted that the petitioner No.1 is a registered society established for imparting technical education in the State of Telangana and the petitioner No.2 institution was established in the year 2014 after obtaining the requisite permissions from the State Government and approval from AICTE. It is their specific contention that though the Commissioner of Technical Education had initially granted a No Objection Certificate (NOC) on 24.03.2019 permitting change of location of the institution from Gagillapur, Qutubullapur to Habsiguda, Uppal, the same was subsequently kept in abeyance and later cancelled without assigning any reasons. Challenging the said cancellation, the petitioners filed W.P.No.24024 of 2021, wherein this Court, by interim order dated 29.09.2021, suspended the operation of the cancellation order. It is also the case of the petitioners that AICTE, after conducting its own inspection and being satisfied with the infrastructure and other facilities available with the institution, granted approval for the change of location and has been extending the approval every academic year, including the Academic Year 2026-27.
It is further contended that notwithstanding the subsistence of the interim order passed by this Court in W.P. No.24024 of 2021, the AICTE Extension of Approval for the Academic Year 2026-27 and the No Objection Certificate issued by Osmania University, the respondents failed to include the petitioner institution in the TGEAPCET counselling process for the Academic Years 2025-26 and 2026-27. According to the petitioners, such exclusion is arbitrary and illegal, particularly when no notice was issued, no opportunity of hearing was afforded and no reasons were assigned before denying participation in the counselling process. Ultimately, the learned counsel for the petitioner sought for a direction to the respondents-authorities to include the institution of the petitioners in TGEAPCET counseling for the academic year 2026-27, subject to the petitioners complying with the statutory requirements.
On the other hand, learned Special Government Pleader submitted that the present writ petition has been filed belatedly, though the counselling process had commenced in June, 2026. However, he fairly submitted that the respondents have no objection for issuing an appropriate direction to include the petitioner institution in the counselling process, provided the petitioners satisfy all the statutory requirements prescribed under the relevant rules and regulations.
Learned counsel for the petitioners, in reply, submitted that although the regular counselling process is about to conclude, Clause/Point No.31 of the counselling notification provides for spot admissions up to 16.08.2026. Therefore, if the petitioner institution is included in the counselling process, it would still be in a position to participate in the spot admission process, subject to fulfilling all the statutory requirements.
Having considered the rival submissions and upon perusal of the material available on record, this Court finds that it is not in dispute that the petitioner institution has been granted Extension of Approval by AICTE for the Academic Year 2026-27. It is also not in dispute that the interim order dated 29.09.2021 passed by this Court in W.P. No.24024 of 2021 suspending the cancellation of the No Objection Certificate continues to operate. Further, the learned Special Government Pleader has fairly stated that the respondents have no objection to the inclusion of the petitioners-institution in the counselling process, subject to the petitioners complying with the statutory requirements.
In view of the aforesaid circumstances, and having regard to the submissions made by the learned counsel for either side, this Court is of the considered opinion that the ends of justice would be met by directing the respondents to include the petitioners-institution in the TGEAPCET counselling process for the Academic Year 2026-27, subject to the petitioners fulfilling all the statutory requirements.
Accordingly, the Writ Petition is disposed of directing the respondents-authorities to include the petitioners-institution in the TGEAPCET counselling process for the Academic Year 2026-27, subject to the petitioners complying with all the statutory requirements prescribed under the relevant rules and regulations.
There shall be no order as to costs
As a sequel, miscellaneous applications, if any, pending shall stand closed.
