Edara Vinutharam vs The State Of Andhra Pradesh
2021 Latest Caselaw 5199 AP

     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

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

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

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