Citation : 2021 Latest Caselaw 2739 AP
Judgement Date : 30 July, 2021
(Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JULY_- TWO THOUSAND AND TWENTY ONE Nan :PRESENT: Ay OR THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO US WRIT PEITITION NO. 10641 OF 2021_ Between: NRI Medical College, Chinakakani, Mangalagiri Mandal, Guntur District, Andhra Pradesh-522508 Rep by its Principal Dr.N.Lakshmi, D/o.N.Pushparaju R/o.Flat-No- 401, Sri Brundavanam Apartments, Patamnatalanka, Netaji Street, Vijayawada-520010 Petitioner- AND 1. The State of Andhra Pradesh Department of Health, Medical and Family Welfare Represented by its Principal Secretary, Velagapudi, Amaravathi, A.P 2. The Andhra Pradesh Higher Education Regulatory and Monitoring, Commission (APHERMC) 3rd Floor, Sree Mahendra Enclave, NRI Block C- Block NH15, Tadepalli, Guntur District, A.P., Rep by its Secretary 3. DrNTR University of Health Sciences NH16 Service Road, Gunadala, Vijayawada Krishna District, Andhra Pradesh- 520008 Rep by its Registrar 4. National Medical Commission, Pocket- 14, Sector 8, Dwarka Phase -1, New Delhi 110077, India, Rep.by it's President Respondents Petition under Article 226 of the Constitution of India praying that In the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order more particular, one in the nature of writ of Certiorari calling for records in relation to G.O.Ms.No.42, dated 15.04.2021 issued by ist respondent in pursuance to recommendations of 2nd respondent fixing the fee for post graduate courses for the block period 2017-18 to 2019-20 and quash the same by declaring as arbitrary, illegal, unconstitutional and in violation of petitioners rights guaranteed under Articles 14 and 19 af Constitution of India and consequently direct the 2nd respondent to comply with this Hon'ble Courts judgment, dated 20.01.2021 passed in WP(PIL) No.131/2017 & batch by passing a speaking order and giving reasons for rejecting the objections strictly following the Regulations and Guidelines of Andhra Pradesh Admissions and Fee Regulatory Committee issued in GO.M.s.No.6, dt.08.01.2007 issued by the 'st Respondent, IA NO: 2 OF 20217 Petition under Section 181 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned G.O.Ms.No.42, dated 15.04.2021 issued by 1st respondent fixing the fee for post graduate courses of the petitioner college for the block period 2017-18 to 2019-20, pending disposal of WP 10641 of 2021, on the file of the High Court.» The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the high court order dated 23.06.2021 made herein and upon hearing the arguments of SRIChila Gunaranjan Advocate for the petitioners G.P. for MEDICAL AND HEALTH for the Respondent No.1 Sri.Sudesh Anand Standing Counsel for the Respondent No.2 Sri. G. Vijaya Kumar, No Standing Counsel for Respondent No.3 the Court made the following. ORDER:
interim direction granted earlier is extended till 30.08.2021.
Post on 23.08.2021. -~
Si-M.RameshBabu va \ ASSISTANT REGISTRAR TRUE COPY! | a, SECTION OFFICER
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One CC to Sri. Challa Gunaranjan Advocate [OPUC] -- One CC to Sri.Sudesh Anand, Standing Counsel (QPUC) ~~ One CC to Sri.S. Vivek Chandra Sekhar, Standing Counsel (OPUC) --
Two CCs to GP for Medical & Health, High Court Of Andhra Pradesh. [OUT}- One spare copy
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HIGH COURT
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DATED:30/07/2021
NOTE: POST ON 23.08.2021
'ORDER
WP No.10641 of 2021
INTERIM DIRECTION,
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