Citation : 2023 Latest Caselaw 4606 AP
Judgement Date : 29 September, 2023
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO WRIT APPEAL No.1075 of 2022 V.A.P.M.S. College of Physiotheraphy, Sponsored by V.A.P.M.S. Charitable Trust, Visakhapatnam, Represented by its Principal R. Rajani Cartor Medidi. ... Appellant Versus Gunupuru Sai Sneha, D/o. Chandra Sekhara Rao, Aged 27 years, R/o. Flat No.102, Arlington Heights Apartment, White Fields, Kondapur, Ranga Reddy District, Telangana State and two others. ...kespondents Counsel for the appellant : Sri R. Siva Sai Swarup Counsel for respondent No.1 : Sri Ch. Lakshmi Narayana
Counsel for respondent Nos.2 & 3 : Sri Guttapalem Vijaya Kumar, learned Standing Counsel.
Dt.:29.09.2025
The present Letters Patent Appeal has been preferred against the judgment and order, dated 27% June, 2022, in W.P. No.15673 of
2088.
HCJ & RRR, J
2. The writ Court, by virtue of the judgment and order impugned herein, has simply directed the respondents in the writ petition/appellant and respondent Nos.2 and 3 herein to consider the representation filed by the petitioner and to pass orders preferably within a period of four weeks from the date of
submission of the said representation.
3. Instead of deciding the representation on merits, the present appeal has been preferred primarily on the ground that the writ Court ought not to have directed the authorities to consider the representation inasmuch as the candidate did not possess the requisite eligibility to appear in the examination on account of the fact that she did not have the required attendance to appear in the
examination.
4. Needless to say that the petitioner was undergoing the Bachelor of Physio Theraphy Course, which is to be completed in a period of four years but not later than eight years. According to the learned Standing Counsel for the University, the petitioner was unable to complete the said course within the prescribed period of
eight years and also lacked the requisite attendance requirement.
5. We are, however, not concerned with the merits of the present
case inasmuch as the order gave ample opportunity to the
HCJ & RRR, J
concerned authorities including the University and the college concerned to decide the representation of the petitioner. There was no positive direction that the attendance requirement should be relaxed. The appellant simply appears to have refused to even consider the representation in terms of the directions passed by the writ Court. We do not find any merit in the present appeal, which is
accordingly dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
AMD
HCJ & RRR, J
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL No.1075 of 2022
Dt:89.09.20285
AMD
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