Andhra Pradesh High Court

WP/10574/2026 of MG College of Education, Vs The State of Andhra Pradesh, on 28 September 2026

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APHC010211672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10574/2026 Between: 1. MG COLLEGE OF EDUCATION,, REPRESENTED BY ITS

HN, J

W.P.No.10574_2026

APHC010211672026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE 29th DAY OF SEPTEMBER 2026

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 10574/2026

Between:

1. MG

COLLEGE

OF

EDUCATION,,

REPRESENTED

BY

ITS

CORRESPONDENT

SRI

MD

ABDUL

GUFFAR

A

GORI

KANDULAPURAM

VILLAGE

AND

POST,

CUMBUM

TALUK,

PRAKASAM DISTRICT, ANDHRA PRADESH - 523333

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS

PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.522238

2. ANDHRA

KESARI

UNIVERSITY,

REPRESENTED

BY

ITS

REGISTRAR ONGOLE, PRAKASAM DISTRICT.523001

3. THE DIRECTOR GENERAL, STATE DISASTER RESPONSE AND

FIRE SERVICES DEPARTMENT, NEAR POLICE CONTROL ROOM

GOVERNORPET VIJAYAWADA - 520002.

...RESPONDENT(S):

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 topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent University in insisting upon production of Fire No Objection Certificate for the purpose of grant of affiliation to the Petitioner institution for the academic year 2026-27 as iliegal, arbitrary, contrary to the provisions of the National Building

HN, J

W.P.No.10574_2026

Code, 2016 and violative of Articles 14 and 19(1)(g) of the Constitution of India, and consequently direct the Respondents to grant affiliation to the Petitioner institution for the academic year 2026-27 without insisting Fire No Objection Certificate, within a time-bound period, by following the ratio laid down by this Hon'ble Court in W.P. No. 41362 of 2022

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the 2nd Respondent University to forthwith conduct inspection of the Petitioner institution and process the application for grant of affiliation for the academic year 2026-27 without insisting Fire No Objection Certificate, subject to verification of the building height, pending disposal of the Writ Petition in the interest of justice.

Counsel for the Petitioner:

1. SRI VIJAY MATHUKUMILLI

Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR HIGHER EDUCATION

3. RAMA CHANDRA RAO GURRAM

HN, J

W.P.No.10574_2026

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ORDER:

1. The learned counsel appearing for the petitioner submits that the grievance of the petitioner, insofar as the insistence on furnishing Fire No Objection Certificates (Fire NOC) from the institutions whose buildings are less than 15 meters in height, is the subject of challenge in the present writ petition.

2. It is submitted that, after filing of the present writ petition, the respondents have issued Act No.24 of 2026 to amend certain enactments to enhance the ease of doing business in the State of Andhra Pradesh, and insofar as submission of Fire NOC is concerned, the Andhra Pradesh Fire Services Act is amended, whereby the Fire NOC would have to be submitted for educational institutions, hospitals, hotel business, commercial buildings, etc., of 15 meters and above, or with a floor area exceeding 500 Sq.mts on any one or more floors.

3. It is submitted that earlier enactment was amended. As per the earlier enactment, the issue of the No Objection Certificate has to be obtained for buildings above 6 meters in height. The NOC would have to be obtained from the Director General or any member of the service duly authorized by him. It is submitted that the respondents would have to comply with the amended provision of Section 13(a)(1-B).

4. Learned Assistant Government Pleader appearing for respondents does not dispute the amendment.

HN, J

W.P.No.10574_2026

5. Accordingly, the Writ Petition stands disposed of, directing the respondent authorities to follow the amended provisions of the enactment. There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

___________________ JUSTICE HARINATH.N Date:29.09.2026 NKA

Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

HN, J

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 10574 of 2026 Date: 29.09.2026

NKA

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