THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.985 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. P.Pandu Ranga Reddy, learned counsel for the
appellants.
Mr. E.Ramesh Chandra Goud, learned counsel for
respondent No.1.
Ms. K.Mahalakshmi, learned Assistant Government Pleader for Medical, Health & Family Welfare Department for respondent No.2.
Mr. G.Ravi, learned counsel representing Mr. A.Prabhakar Rao, learned counsel for respondent No.3.
2. With the consent of the parties, the matter is heard finally.
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3. This intra court appeal has been filed against an order dated 31.07.2023 passed by learned Single Judge in I.A.No.2 of 2023 in W.P.No.14356 of 2019, by which application for impleadment filed by respondent No.1 has been allowed.
4. The appellant has filed a writ petition namely W.P.No.14356 of 2019, in which the following relief has been sought:
"It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the 2nd respondent in issuing proceedings Dated 09.07.2019 and the Letter Dated 09.07.2019 and thereby disaffiliating and derecognising the petitioner college for the academic years 2014-15, 2015-16, 2016- 17 and 2017-18 and transferring the students of the petitioner college to Nizamia Tibbi College and the consequential action of the respondent in instructing the petitioner to handover the certificates of the students who are pursuing B.U.M.S course as being illegal, arbitrary, unconstitutional, in violation of ::3::
the principles of natural justice and without jurisdiction or authority and set aside the proceedings issued by the 2nd respondent dated 09.07.2019 and the Letter dated 09.07.2019 and consequently direct the respondents to permit the petitioners to impart training to above said batch of students without any hindrance and issue certificates to students of the petitioners and to pass other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
5. Admittedly, the aforesaid relief which has been sought in the writ petition is not qua respondent No.1. Therefore, he is neither a proper nor a necessary party in the writ petition. However, learned Single Judge has failed to appreciate the aforesaid aspect of the matter and without assigning any reason has concluded that respondent No.1 is a proper party.
6. The impugned order is therefore set aside and the application namely I.A.No.2 of 2023 in W.P.No.14356 of 2019 preferred by respondent No.1 seeking impleadment is rejected.
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7. In the result, the Writ Appeal is allowed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 10.10.2023 KL