Andhra Pradesh High Court - Amravati
Dr.Ysr University Of Health Sciences ... vs Chandana Harish And Others on 8 August, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THURSDAY, THE EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
HON BLE MR. JUSTICE DHIRAJAND
SINGH THAKUR, CHIEF JUSTICE
HON'BLE MR. JUSTICE R.RAGHUNANDAN RAO
WRIT APPEAL Nos: 674 & 676 of 2024
WRIT APPEAL NO: 674 OF 2024
Co'urt^^ ^ ^ ■''2024 in W.P.No 16732/2024 on the file of the High
Between:
Dr.YSR University of Health Sciences Rep. by the Registrar
Vijayawada, A.P.
...Appellant/Respondent No.5
AND
1. Chandana Harish, S/o.Rayapureddy Nareen Babu Aaed about 19
years, Occ Student MBA Associates, D No 6-52 Peda
Fc Koneru Street
BalammNagar, Mangalagiri, Guntur District, AndhraI Pradesh.
....Respondent/Writ Petitioner
2. The State of Andhra Pradesh, Rep.by its Principal Secretarv
Department of Health, Medical and Family Welfare Secreta^riat
Buildings, Amaravati, Guntur District. secretariat
^ ofAndh^s Pr»H»°h E9"'=3tion, Rep.by its Director Government
WjayallDSla^ ^ Hanumanpeta (Oid Govt. General Hospital)
5. The Vice Chancellor, NRI Medical College and General Hospital,
^iiinakakani, Mangaiagiri, Guntur District.
...Respondents/Respondents
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed i
in support of the petition, the High Court may be
pleased to suspend the operation of the order dt.02-08-2024 passed in
I.A.No.1/2024
in W.P.No. 16732/2024 pending disposal of the above writ
appeal.
Counsel for the Appellant: SRI GUTTAPALEM VIJAYA KUMAR,
(SC FOR Dr NTR HEALTH U)
Counsel for the Respondent No.1: SRI TAGORE YADAV YARAGORLA
Counsel for the Respondents 2 & 3: GP FOR MEDICAL HEALTH, &
FAMILY WELFARE
Counsel for the Respondents 4 & 5; SRI CHALLA GUNARANJAN
WRIT APPEAL NO: 67fi OF 2024
Writ Appeal under Clause 15 of the Letters Patent
i preferred against the order
dated. 02.08.2024 in WP. No. 16732 of 2024 on the file of the High Court.
Between:
Registrar, NRI Medical College and General Hospital Chinakakani,
Mangalagiri, Guntur District. general
...Appellants/Respondents No.3 & 4
AND
eet, Balamm Nagar, Managalagiri, Guntur District.
■..Respondent/Writ Petitioner
2. The State of Andhra Pradesh, Rep by its Princioal SerrPtarv
VeTafaS!
Medical Education, Rep by its Director Governmpnt
^jayawSa.*^^^^^^' Government General Hospital)
4. YSR Health University. Represented by the Registrar, Vijayawada , A.P.
...Respondents/Respondents
lA NO: 2 OF 2074
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed i
in support of the petition, the High Court may be
pleased to stay the interim order dated. 02.08.2024 in WP. No. 16732 of
2024 pending the hearing and final disposal of the present Appeal.
Counsel for the Appellants: SRI CHALLA GUNARANJAN
Counsel for the Respondent No.1: SRI TAGORE YADAV YARAGORLA
Counsel for the Respondent No.2: GP FOR MEDICAL HEALTH, &
FAMILY WELFARE
Counsel for the Respondent No.4: SRI GUTTAPALEM VIJAYA KUMAR,
(SC FOR Dr NTR HEALTH U)
The Court made the following:
APHC010337622024 Bench Sr.No:-3
IN THE HIGH COURT OF ANDHRA PRADESH
[3446]
AT AMARAVATI
WRIT APPEAL Nos.674 & 676 of 2024
WA.No.674 of 2024
Dr.YSR University of Health Sciences Rep., by the Registrar
Vijayawada, AP.
...Appellant
Vs.
Chandana Harish and others ...Respondent(s)
**********
Mr. Guttapalem Vijaya Kumar, Advocate for the appellant in WA.No.674 of
2024 and respondent No.4 in WA.No.676 of 2024.
Mr. Challa Gunaranjan, Advocate for the appellants in WA.No.676 of 2024
and respondent Nos.4 & 5 in WA.No.674 of 2024.
Mr. Tagore Yadav Yaragorla, Advocate for respondent No.1 in both the
appeals.
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE R RAGHUNANDAN RAO
DATE ; August, 2024
P C :
The present writ appeals have been preferred against an interim order
dated 02.08.2024 in WP.No.16732 of 2024.
2
HCJ & RRRJ
WAS 674 & 676 2024
2. By virtue of the impugned order passed by the writ Court, by way
of an interim arrangement, the petitioner (respondent No.1 herein) has been
permitted to appear for the final examination of the first year MBBS course
and also to accept the fee from the said candidate.
3. While the case of the appellants is that the petitioner was not
eligible to sit in the examination on account of shortage of attendance as per
the Statutes, the case of the petitioner before the writ Court was that he was
prevented from attending the classes on account of the fact that he made a
delayed payment in regard to the requisite fee.
4. It is in those circumstances that the learned single Judge, as an
interim measure, has permitted the petitioner to take the examination, which
have already commenced.
5. Learned counsel for the parties agree that the petitioner has
already taken two exams.
6. In view of the fact that the issue is still pending before the learned
single Judge and any observation made by us in the present appeal
proceedings may prejudice the outcome of the case pending before the
learned single Judge, we deerr u cippi UfJi laic; iw iiiioiioic; vviiii u
impugned and leave the parties free to agitate the matter before the learned
single Judge.
3
HCJ & RRR,J
WAS 674 & 676 2024
7. The Writ Appeals are, accordingly, disposed of. No order as to
costs.
Miscellaneous applications pending, if any, shall stand closed.
Sd/- K.TATA RAO
DEPUTY REGISTRAR
//TRUE COPY//
SE OFFICER
To,
1. The Principal Secretary, Department of Health, Medical and Family
Welfare, State of Andhra Pradesh, Secretariat Velagapudi, Amaravathi
Guntur District.
2. The Director, Directorate of Medical Education, Government of Andhra
Pradesh, Haumanpeta (old Government General Hospital) Vijayawada.
3. The Registrar, YSR Health University, Vijayawada, A.P.
4. The Registrar, NRI Medical College and General Hospital Chinakakani
Mangalagiri, Guntur District.
5. The Vice Chancellor, NRI Medical College and General Hospital
Chinakakani, Mangalagiri, Guntur District.
6. One CC to Sri Challa Gunaranjan, Advocate [OPUC]
7. One CC to Sri Tagore Yadav Yaragorla, Advocate [OPUC]
8. One CC to Sri Guttapalem Vijaya Kumar, (SC for Dr. NTR HEALTH U)
[OPUC]
9. Two CCs GP for Medical Health & Family Welfare, High Court of
Andhra Pradesh.[OUT]
10. Two CD Copies
RAM
HIGH COURT
DATED:08/08/2024
X 1 k AUG 2m'i m
COMMON JUDGMENT
CO
^ . Current Section
pat c
WA.Nos.674 & 676 of 2024
DISPOSING BOTH THE WRIT APPEALS
WITHOUT COSTS
