IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
TUESDAY, THE THIRTIETH DAY OF OCTOBER,
TWO THOUSAND AND TWELVE
:PRESENT:
THE HON'BLE SRI JUSTICE V.ESWARAIAH
AND
THE HON'BLE SRI JUSTICE N.RAVI SHANKAR
WP .NO: 30890 of 2012
Between:
Ms. Farha Sultana, D/o. Mr. Mohd Abdul Rub,
Aged about 17 years, Occ: Student, Rep. by her Father and natural
Guardian, Mr. Mohd. Abdul Rub, S/o. Mr. Mohd. Abdul Gafoor.
..... Petitioner
AND
1. The Registrar, Dr. NTR University of Health Sciences, Vijaywada-
520008,
Andhra Pradesh.
2. Shadan Institute of Medical Sciences, Teaching Hospital & Research
Center, (A Muslim Minority Institution established by Shadan Educational
Society), Before A.P., Police Academy, Peeracheru, Himayatsagar
Road,
Ranga Reddy District- 500008, A.P.,
3. Dr. VRK Women's Medical College, Teaching Hospital & Research
Centre,
(A Muslim Minority Institution established by Dr. VRK Educational
Society),
Opp: Deer Park, Aziz Nagar, Ranga Reddy District-500075, A.P.
4. The State of Andhra Pradesh, Rep. by its Principal Secretary,
Health, Medical, Family Welfare (E1) Dept., Secretariat Buildings,
Hyderabad.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a writ, order or direction more particularly a writ in the nature
of Mandamus declaring the action of respondent Nos.2 & 3 in not granting
admission to the petitioner into MBBS course under management quota
category "B" for the academic year 2012-2013 who stood at serial No.13 & 1
respectively in the provisional list of the respondents No.2 & 3 colleges which
is quite contrary to the judgment passed by this Court in W.P.No.15555 of
2006 and batch as illegal, arbitrary, unjust, unconstitutional and also is
contrary to the provisions of A.P. Un-Aided Minority Professional Institutions
(Regulations of Admissions into Under Graduate Medical and Dental
Professional Courses) Rules 2006 and consequently direct the respondents
No.2 & 3 to grant admission to the petitioner into MBBS course in any one
college of the respondent Nos.2 & 3 as per merit under management quota
category "B" for the academic year 2012-13 same.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and the order of the High Court dated 03-10-2012 made in
WPMP No.39396 of 2012 and upon hearing the arguments of Sri Malipeddi
Srinivas Reddy, Advocate for the Petitioner, Sri A. Prabhakar Rao, Standing
Counsel for Respondent No.1, Sri S. Sri Ram, Advocate for Respondent
Nos.2 and 3, and the learned Government Pleader for Medical & Health for
Respondent No.4, the Court made the following
ORDER:
This Court by order dated 03.10.2012 while issuing notice before admission directed the Registrar, Dr. N.T.R. University of Health Sciences, Vijayawada (1st respondent), to conduct an enquiry pursuant to the complaints made by the petitioners dated 17.09.2012 and 20.09.2012 and also with regard to admissions relating to 'B' category seats in respondents 2 and 3 colleges for the academic year 2012-2013 and submit a report by 10.10.2012.
Contd...2/P :: 2P ::
Thereafter, at request, the matter was adjourned to 16.10.2012. Though the matter is called today none appears on behalf of Dr. N.T.R. University of Health Sciences, Vijayawada.
In the circumstances, we direct the Registrar, Dr. N.T.R. University of Health Sciences, Vijayawada (1st respondent), to be present before this Court on 07.11.2012 along with the report as required above and other connected records.
Post on 07.11.2012.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Registrar, Dr. NTR University of Health Sciences, Vijaywada- 520008, Andhra Pradesh.
(By Speed Post)
2. Shadan Institute of Medical Sciences, Teaching Hospital & Research Center, (A Muslim Minority Institution established by Shadan Educational Society), Before A.P., Police Academy, Peeracheru, Himayatsagar Road, Ranga Reddy District- 500008, A.P.,
3. Dr. VRK Women's Medical College, Teaching Hospital & Research Centre, (A Muslim Minority Institution established by Dr. VRK Educational Society), Opp: Deer Park, Aziz Nagar, Ranga Reddy District-500075, A.P.
4. The Principal Secretary, Health, Medical, Family Welfare (E1) Dept., State of Andhra Pradesh, Secretariat Buildings, Hyderabad.
5. One CC to Sri Malipeddi Srinivas Reddy, Advocate (OPUC)
6. Two CCs to the G.P. for Medical & Health, High Court of A.P., Hyderabad. (OUT)
7. Two spare copies.
nnr HIGH COURT VE,J & NRS,J DATED: 30-10-2012 NOTE: Post on 07-11-2012 ORDER W.P.NO. 30890 OF 2012 DIRECTION HIGH COURT Nnr Date of Drafting : 31-10-2012 VE,J & NRS,J DATED: 30-10-2012 NOTE: Post on 07-11-2012 ORDER W.P.NO. 30890 OF 2012 DIRECTION