IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M.SATYANARAYANA MURTHY
Writ Appeal No.581 of 2021
and
Writ Appeal No.560 of 2021
(Through physical mode)
W.A.No.581 of 2021
Cheerla Vivek Vardhan,
S/o.C.Ganga Sivaji, Aged about 20 years,
Occ: MBBS Student 2019-20 Batch,
R/o.D.No.101, Bradipet, 6/13,
Krizals Apartment,
Guntur - 522002 & another. ...Appellants
Versus
The Union of India,
Rep. by its Prl. Secretary,
Ministry of Health & Family Welfare,
New Delhi & others. ... Respondents
Counsel for the appellants : Mr.Y.V.Ravi Prasad, senior counsel For Mr.Y.V.Anil Kumar Counsel for respondent No.2 : Mr.S. Vivek Chandra Sekhar Standing Counsel Counsel for respondent Nos.1&3 : Mr.N.Harinath, Assistant Solicitor General Counsel for respondent No.4 : GP for MH & FW Counsel for respondent No.5 : Mr.Guttapalem Vijaya Kumar, Standing Counsel W.A.No.560 of 2021 Edara Vinutharam, D/o.Edara Ramarao, Aged 22 years, Student, R/o.Flat No.8, Block No.3, Geethanjali Apartment, 5th lane, Brundavan Gardens, Guntur. ...Appellant Versus The State, Rep. by Principal Secretary, Medical and Health, State Secretariat, Velagapudi Village, Thulluru Mandal Guntur District & others. ... Respondents HCJ & MSM,J W.A.Nos.581 & 560_2021 2 Counsel for the appellant : Mr.Venkateswarlu Kolla Counsel for respondent No.1 : GP for MH & FW Counsel for respondent Nos.2 & 4 : Mr.Guttapalem Vijaya Kumar, Standing Counsel Counsel for respondent No.3 : Mr.S. Vivek Chandra Sekhar Standing Counsel COMMON JUDGMENT (ORAL) Dt: 14.12.2021 (per Prashant Kumar Mishra, CJ) These two writ appeals have been preferred by the writ petitioners, whose prayer for grant of interim relief has been rejected by the learned single Judge.
2. W.A.No.581 of 2021 is directed against an interim order dated 4.8.2021 passed by the learned single Judge dismissing I.A.No.1 of 2021 in W.P.No.13480 of 2021. W.A.No.560 of 2021 arises out of an interim order dated 4.8.2021 passed by the learned single Judge dismissing I.A.No.1 of 2021 in W.P.No.13760 of 2021, in view of the order passed in I.A.No.1 of 2021 in W.P.No.13480 of 2021.
3. The appellants/writ petitioners, who are pursuing 1st year MBBS course, have failed in the said examination. They are seeking interim orders directing the respondent Nos.1 and 3 to permit them to pursue 2nd year MBBS professional course without reference to passing of subjects in the 1st year MBBS.
4. During the course of hearing, learned counsel for the appellants would submit that the impugned interim order dated 4.8.2021 passed by the learned single Judge, which is running into sixteen pages, has dealt with the legal issues, even though counter-affidavits were not filed at the HCJ & MSM,J W.A.Nos.581 & 560_2021 3 time of deciding interim applications. They further submit that in view of pendency of these writ appeals, hearing of the writ petitions is delayed and the writ petitions may be decided independent of the observations made by the learned single Judge while deciding the interim applications.
5. Learned Advocate General and learned counsel appearing for National Medical Commission would submit that lengthy order came to be passed on account of lengthy arguments being advanced before the learned single Judge.
6. Be that as it may, it is trite that the observations and reasoning contained in the interim order are only for the purpose of disposal of the interim applications, which were decided by the single Judge. Therefore, we dispose of these writ appeals with an observation that as and when the writ petitions are decided by the learned single Judge, the observations made in the interim order shall have no bearing on final outcome, and the writ petitions shall be decided finally on its own merits without being influenced by the observations made in the interim order.
7. The parties are at liberty to make a mention before the learned single Judge for early disposal of the matters.
8. Accordingly, both the writ appeals are disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. PRASHANT KUMAR MISHRA, CJ M.SATYANARAYANA MURTHY, J HS HCJ & MSM,J W.A.Nos.581 & 560_2021 4 HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY W.A.Nos.581 and 560 of 2021 (per Prashant Kumar Mishra, CJ) Dt: 14.12.2021 HS