Andhra Pradesh High Court - Amravati
Dr.A Himabindu vs The State Of Andhra Pradesh on 4 October, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
APHC010444062024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
FRIDAY ,THE FOURTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 22643/2024
Between:
Dr.a Himabindu and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. P V KRISHNAIAH Counsel for the Respondent(S):
1. GP FOR MED HEALTH AND FAMILY WELFARE
2. GP FOR LAW LEGISLATIVE AFFAIRS The Court made the following:
The primary contention against G.O.Ms.No.85, which is under challenge in the present writ petition, is that the said G.O which had amended the A.P Medical Colleges (Admission into Post Graduate Medical Colleges) Rules, 1997 should have been placed before the Legislative Assembly and the Legislative Council, in the Session, immediately after the Rules had been made. Since the Rules had not been laid before the Legislative Assembly, when it was in session after the Rules had been amended, it would render the said amendment invalid.
Sri P.V. Krishnaiah, the learned counsel for the petitioners would contend that non laying of the amended rules before the Legislative Assembly, when it was in session, vitiates the entire amendments and relies upon a judgment of the Hon'ble Supreme Court in the case of Association of Management of Private Colleges vs. All India Council for Technical Education and Others1.
The learned Government Pleader would contend that though the language of Section 15(1) which requires the Rules to be laid before the Legislative Assembly and the Legislative Council, is the word 'shall' it is only directory and not mandatory. She would submit that the non laying of the Rules, before the Legislative Assembly and the Legislative Council would not render the amended Rules in effective or invalid and relies upon a Full Bench Judgment of the Hon'ble Supreme Court in the case of M/s. Atlas Cycle Industries Ltd. And Ors vs. The State of Haryana2.
The learned Government Pleader would also contend that the principle laid down in the aforesaid Full Bench Judgment has been followed in subsequent judgments and seeks time to place the said judgments before the Court.
1 (2013) 8 SCC 271 2 (1979) 2 SCC 196 In view of the fact that the judgment in M/s. Atlas Cycle Industries Ltd.
And Ors vs. The State of Haryana was delivered by a Three Judge Bench of the Hon'ble Supreme Court while the judgment in Association of Management of Private Colleges vs. All India Council for Technical Education and Others was delivered by a bench of two learned Judges of the Hon'ble Supreme Court, it would be appropriate that this Court is appraised of law and judgments on this issue before any decision can be taken.
Post on 14.10.2024 for both sides to place necessary judgments before this Court for a conclusion to be drawn on this issue.
R RAGHUNANDAN RAO,J HARINATH.N,J RJS