Andhra Pradesh High Court - Amravati
Palem Teja Sree vs The State Of Ap on 4 November, 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE: W.P.No.24812 of 2024
PROCEEDING SHEET
Sl. Office
DATE ORDER
No Note
02. 04.11.2024 TRR, J
The present writ petition is filed challenging
the action of the respondents in not allowing the
petitioner for remitting the examination fee for the
Post Graduate Degree Final Examinations for the
academic year 2021-2022, scheduled to be held
from 28.12.2024.
Learned counsel for the petitioner submits
that there is thirty six (36) days shortage of
attendance for participating in the Post Graduate
Degree Final Examinations for the academic year
2021-2022. The said delay was occurred due to
the petitioner joined in M.S (OBGY) in ASRAM
Medical College, Eluru on 26.02.2022. As the
petitioner was interested in M.D. Dermatology,
she participated in the 2nd round of counseling for
the vacant seat in the 3rd respondent-college. As
the 2nd respondent has not allotted the seat, she
was forced to file W.P.Nos.11706 of 2022 and
13299 of 2022. The 2nd respondent has not
implemented the orders passed by this Court
passed on 24.04.2022. Finally, W.P.No.13299 of
2022 was allowed on 04.08.2022. The 2nd
respondent preferred SLP No.14907 of 2022
before the Hon'ble Apex Court against the order
dated 04.08.2022 passed in W.P.No.13299 of
2022 and the same was dismissed on 02.09.2022,
then the 2nd respondent allotted the admission by
transfer in M.D (DVL) in the 3rd respondent-
college. The petitioner is also entitled for leave as
per Medical P.G. Degree (MD/MS)/ (One year
exemption)/Diploma Regular Examinations
Notification, December 2024.
The learned counsel for the petitioner
further submits that if the attendance for the
course underwent in the ASRAM Medical College
is calculated, there is no shortage of attendance
and no prejudice will be caused to the 3rd
respondent by permitting the petitioner for
participating in the final examinations for the
academic year 2021-2022, which are scheduled
to be held from 28.12.2024.
Learned counsel for the 3rd respondent
submits that petitioner has joined in M.D (DVL)
course in Dr Pinnamaneni Siddhartha Medical
College-3rd respondent on September, 2022, as
per the rules and regulations the course has to be
completed by September, 2025. The petitioner
pursued the M.S (OBGY) Course in ASRAM
Medical College, Elluru from 17.05.2022 to
05.09.2022, the said period cannot be calculated
for attendance and the rules will not permit to
calculate. The learned counsel further relies on
the judgment of the Madras High Court in
V.Rajasekar v. The Tamil Nadu Dr M.G.R.
Medical University and others1 wherein, it was
held that the reason for such strict implementation
of the Regulation is that the University does not
want the human life to be compromised on any
account, because according to them incomplete
training will put the human life in danger.
Therefore, the contention raised by the petitioner
in this regard does not hold good.
This Court posed a question to the learned
counsel for the 2nd respondent, the classes
attended in ASRAM Medical College, Elluru in the
course of M.S (OBGY) can be computed for the
course pursuing in the 3rd respondent-college in
the course of M.D (DVL). The learned counsel
requested time for getting instructions and for
filing counter in this regard.
Learned counsel for the petitioner relied on
the order of this Court passed in W.P.No.16732 of
2024, wherein, this Court directed to respondents
to allow the petitioner to pay the fee either in
online or in offline mode and the respondents
shall receive the same and allow the petitioner to
appear for final examinations of the 1st year
MBBS. The said order was assailed by way of
Intra-Court appeal before the Division bench and
the Division bench has not interfered with the
finding of this Court.
Manu/TN/0831/2015
The petitioner also asserted in the affidavit
filed in support of the writ petition affirming that
she will attend the full course from the date of
joining to the end date i.e., the period of three
years. Merely, permitting the petitioner to write the
examinations does not cause any prejudice to the
3rd respondent-college or the 2nd respondent-
University.
Therefore, there shall be an interim
direction to the respondents to allow the petitioner
to pay the fee either in online or in offline mode
and the respondents are directed to receive the
same.
List the matter after one week.
Meanwhile, learned counsel for the 2nd
respondent is directed to file counter-affidavit.
______
TRR,J
Note: Issue C.C. Today
b/o
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