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Judgment
The petitioner is aggrieved by the action of the respondent No.6 in issuing impugned proceedings dated 06.05.2026 by imposing a condition that affiliation to the petitioner-college is accorded without admissions for the academic year 2025-26, subject to fulfilment of conditions/deficiencies within three months from the date of affiliation and to submit a compliance report on or before 15.08.2026. By virtue of the said proceedings, the respondent No.2 is not allowing the students admitted by the petitioner to appear for the second-semester B.Ed. examinations for 2025-26 and seeks a consequential direction to the respondent authorities to issue hall tickets to the students admitted to the petitioner-college.
Sri. Vijaya Kumar, learned senior counsel, submits that the petitioner-college was recognised for conducting the B.Ed. Course with an annual intake of 100 students on 17.09.2007. The petitioner has been successfully running the college since the grant of recognition till the year 2020. On 17.01.2020, the National Council for Teacher Education (NCTE) withdrew the recognition.
The petitioner filed a statutory appeal against the withdrawal order on 17.02.2020. The Appellate Authority, vide order dated 10.09.2020, remanded the matter back to NCTE for fresh consideration. Though the matter was remanded for fresh consideration by setting aside the proceedings of withdrawal of recognition, NCTE did not pass any fresh orders. Accordingly, the petitioner ought to be treated as a recognised institution pending re-adjudication by NCTE. As no orders were passed by NCTE, the petitioner filed W.P.No.1872 of 2024 and an interim order permitting the petitioner to participate in EDCET -2023 Counselling was passed by this Court.
The petitioner filed W.P.(C). No.19507 of 2025 before the Hon’ble High Court of Delhi, and the writ petition was disposed of on 09.01.2026 by directing the Southern Regional Committee to pass an order restoring the petitioner-institution for recognition of the concerned course in accordance with law within two weeks. The copy of the restoration order is to be communicated to all concerned. Once the restoration order is passed, the petitioner-institution will be entitled to participate in the counselling and admission process for the academic year 2025-26 and subsequent years.
The Southern Regional Committee, NCTE, vide restoration order dated 23.01.2026 restored the petitioner-institution's recognition. It is submitted that, soon after the said restoration order, the petitioner admitted 110 students, as 10% additional seats were permitted under the Economically Weaker Section category.
It is submitted by the learned senior counsel that the admission for B.Ed. Courses were permitted till 31.01.2026 and extended till 07.02.2026. It is submitted that, as the petitioner was not permitted to participate in the counselling process because the respondent No. 2 (University) had not granted affiliation, the petitioner filed W.P. No. 34315 of 2025. The writ petition was disposed of on 09.02.2026, and the respondent-University was directed to examine the issue of affiliation under Section 14 of the National Council for Teacher Education Act (NCTE Act), 1993 within a period of eight weeks.
It is submitted that, although this Court directed the respondent-University to examine the issue of affiliation within eight weeks, the respondent No. 2-University issued proceedings on 06.05.2026. The said proceedings were issued subject to compliance with the two conditions: (1) Fulfilment of remarks of inspection committee within three months; (2) outcome of O.S.No.46 of 2024 on the file of Principal District Judge, Kadapa. The said proceedings also specifically mention that conditional affiliation is issued without admissions for academic year 2025-26.
The learned senior counsel submits that OS.No.46 of 2024 is a financial transaction between the earlier Correspondent, who has passed away, and the Managing Committee members. It is submitted that the said suit is completely unconnected with the college's affairs.
It is submitted that the petitioner admitted students and recruited staff who have qualified in the National Eligibility Test (NET). It is submitted that, due to the conditional affiliation, the respondent-University did not permit the students admitted by the petitioner to appear for the first semester examinations. It is also submitted that the students continued their course for the second semester and filed the present petition when the respondent-University denied issuing hall-tickets to the students admitted by the petitioner for the second semester examinations. It is submitted that this Court had passed an interim order on 30.06.2026 directing the respondent-University to issue hall-tickets to the petitioner students. The respondent-University has also not permitted the students admitted by the petitioner to appear for the second semester examinations. It is submitted that the students' fate and academic careers are now at stake.
The respondent No.3 has filed a counter, and the learned Government Pleader appearing for the respondent No.3 submits that the petitioner-college did not participate in the admission process and unilaterally admitted students without the respondent-University's affiliation. It is also submitted that the petitioner-college obtained the requisite approvals and recognitions after closing of the admission process.
It is also submitted that the petitioner seeks ratification of the admissions made by it, that B-category quota counselling was completed on 10.12.2025, and that the restoration of the petitioner's recognition occurred only on 23.01.2026. It is also submitted that the first phase of the admission process was conducted from 06.09.2025 to 22.09.2025, the second phase was completed from 27.09.2025 to 13.10.2026, and spot admissions and management quota admissions were completed from 12.11.2025 to 30.11.2025. The cut-off date for admissions was 10.12.2025. It is submitted that the petitioner is granted temporary affiliation with the condition that the petitioner is not permitted to admit students for the academic year 2025-26, vide proceedings dated 06.05.2026. It is submitted that without participating in the web counselling, the petitioner could not have admitted students unilaterally.
The learned Government Pleader appearing for the respondent Nos. 2 and 4 submits that a detailed counter has been filed on similar lines. It is also submitted that the statutory body, i.e., the Andhra Pradesh State Council of Higher Education, must ratify the approval of students admitted under the spot and management quota, and that the said approval date has been extended till 07.02.2026. It is submitted that the petitioner's submission that the admission process was extended till 07.02.2026 is not true. It is also submitted that the first semester classes commenced in October, 2025, and the petitioner admitted students more than three months later. It is also submitted that the petitioner could not have admitted students without valid affiliation.
The learned senior counsel appearing for the petitioner in reply submits that the petitioner is a private educational institution and, for the purpose of making spot admissions, there is no need to participate in counselling. It is also submitted that the respondent–University could not have referred to a private dispute pending on the file of the Principal District Judge, Kadapa, i.e., O.S.No.46 of 2024. It is also submitted that the University could not have imposed a condition that admissions for 2025-26 are not permitted.
It is submitted by the learned senior counsel that the fate of the students admitted by the petitioner is in the hands of this Court and that they ought not to suffer on account of the delayed proceedings issued by the respondent No.2. It is submitted that had the respondent No.2 strictly complied with the directions of this Court passed in W.P.No.34315 of 2025, the fate of the students would have been in a much better state.
Heard the learned senior counsel appearing for the petitioner and the learned Government Pleader for the respondents. Perused the material on record.
The petitioner was granted affiliation and recognition to conduct a B.Ed course with an annual intake of 100 students from 2007 onwards. The petitioner continued to run the college till 2020 when the recognition was withdrawn by NCTE. Thereafter, the Appellate Authority remanded the matter to the Southern Regional Committee – NCTE for fresh consideration on 10.09.2020.
The SRC-NCTE restored the recognition vide its order dated 23.01.2026. The petitioner also participated in the EDCET Counselling – 2023 pursuant to interim orders passed in W.P. No. 1872 of 2024. The order passed by the Hon’ble High Court of Delhi in W.P. (C) No.19507 of 2025 would have to be referred to, and para 6 of the order reads as follows ;
“A copy of the order of restoration of recognition of the petitioner institution for the concerned course will have to be communicated to all concerned. Once the order of restoration is passed, the petitioner institution would be entitled to participate in counselling and admission process for the Academic Year 2025-26 and subsequent years”.
In pursuance of these orders, the SRC-NCTE restored the recognition on 23.01.2026. Even before the passing of restoration by the SRC-NCTE, the initial orders of withdrawal of recognition by the NCTE dated 17.01.2020 were directed to be revisited, and the issue was remanded back to the SRC-NCTE by the appellate authority vide order dated 10.09.2020. The net effect of remanding the issue back to SRC-NCTE eclipsed the order of withdrawal dated 17.01.2020.
The petitioner admitted students soon after the SRC-NCTE passed orders restoring recognition. These admissions during January– February, 2026 were made after the counselling process was completed. The petitioner also has not explained what the management quota is, which the management is permitted to admit.
The respondent No. 2 did not properly consider the order passed by the High Court of Delhi permitting the petitioner to participate in the counselling and admission process for the Academic Year 2025-26 and subsequent years while issuing the proceedings dated 06.05.2026. The proceedings dated 06.05.2026 granting/renewing conditional affiliation without admissions for the year 2025-26 are contrary to the order of the High Court of Delhi. It is not explained by the learned Government Pleader appearing for the respondent No.2 as to under what circumstances the order of this Court dated 09.02.2026 could not be complied with within the time frame prescribed by this Court.
This Court finds that the admission process resorted to by the petitioner was completely unilateral, without participating in the web-counselling or the regular counselling process and schedule. The respondent No.3 issued a circular on 04.02.2026, facilitating the admission of students in contravention of the regular admission process by imposing a penalty of Rs.3,000/- per admission and permitting the students to appear for examinations.
The students admitted by the petitioner-college have not appeared for the first-semester examinations or the second-semester examinations. The proceedings dated 06.05.2026 passed by the respondent No.2, without considering the Hon’ble High Court of Delhi's observation permitting the petitioner to participate in the admission process for Academic Year 2025-26 and subsequent years in W.P.(C). No.19507 of 2025 would have to be found fault with. Apart from that, the respondent No.2 has not adhered to the time frame imposed by this Court while disposing of W.P.No.34315 of 2025.
Considering the plight of the students admitted by the petitioner and also considering that the students could not appear for the semester examinations so far, to save the Academic Career of a large number of students, this Court is inclined to direct the respondent authorities to permit the students admitted by the petitioner to write the semester examinations for completing their course. The students of the petitioner-college be permitted to attend the next ensuing first-semester examinations, second-semester examinations, and subsequent semester examinations to complete their course. Taking the circular, i.e., Cir.No.APSCHE-CETs-2025-Deviation/2025, dated 04.02.2026, into consideration, the petitioner college shall have to pay a penalty of Rs.3,000/- per each of the irregular admission to the respondent No.3 and the petitioner shall have to upload the documents of the students admitted along with the penalty paid and on submission of the said documents, the respondent authorities shall permit the students admitted by the petitioner to appear for the semester examinations. This Order is passed keeping in view the students' careers and future and the peculiar facts and circumstances of this Case. This Court's direction is not to be treated as a precedent.
With the above direction, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.