Dr.A Himabindu vs The State Of Andhra Pradesh
2024 Latest Caselaw 9219 AP

Andhra Pradesh High Court - Amravati

Dr.A Himabindu vs The State Of Andhra Pradesh on 4 October, 2024

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

APHC010444062024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                       [3488]
                           (Special Original Jurisdiction)

                   FRIDAY ,THE FOURTH DAY OF OCTOBER
                     TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

        THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

               THE HONOURABLE SRI JUSTICE HARINATH.N

                       WRIT PETITION NO: 22643/2024

Between:

Dr.a Himabindu and Others                                 ...PETITIONER(S)

                                   AND

The State Of Andhra Pradesh and Others                  ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. P V KRISHNAIAH

Counsel for the Respondent(S):

1. GP FOR MED HEALTH AND FAMILY WELFARE

2. GP FOR LAW LEGISLATIVE AFFAIRS

The Court made the following:

The primary contention against G.O.Ms.No.85, which is under challenge

in the present writ petition, is that the said G.O which had amended the A.P

Medical Colleges (Admission into Post Graduate Medical Colleges) Rules,

1997 should have been placed before the Legislative Assembly and the

Legislative Council, in the Session, immediately after the Rules had been

made. Since the Rules had not been laid before the Legislative Assembly, when it was in session after the Rules had been amended, it would render the

said amendment invalid.

Sri P.V. Krishnaiah, the learned counsel for the petitioners would

contend that non laying of the amended rules before the Legislative Assembly,

when it was in session, vitiates the entire amendments and relies upon a

judgment of the Hon'ble Supreme Court in the case of Association of

Management of Private Colleges vs. All India Council for Technical

Education and Others1.

The learned Government Pleader would contend that though the

language of Section 15(1) which requires the Rules to be laid before the

Legislative Assembly and the Legislative Council, is the word 'shall' it is only

directory and not mandatory. She would submit that the non laying of the

Rules, before the Legislative Assembly and the Legislative Council would not

render the amended Rules in effective or invalid and relies upon a Full Bench

Judgment of the Hon'ble Supreme Court in the case of M/s. Atlas Cycle

Industries Ltd. And Ors vs. The State of Haryana2.

The learned Government Pleader would also contend that the principle

laid down in the aforesaid Full Bench Judgment has been followed in

subsequent judgments and seeks time to place the said judgments before the

Court.

(2013) 8 SCC 271

(1979) 2 SCC 196 In view of the fact that the judgment in M/s. Atlas Cycle Industries Ltd.

And Ors vs. The State of Haryana was delivered by a Three Judge Bench of

the Hon'ble Supreme Court while the judgment in Association of

Management of Private Colleges vs. All India Council for Technical

Education and Others was delivered by a bench of two learned Judges of

the Hon'ble Supreme Court, it would be appropriate that this Court is

appraised of law and judgments on this issue before any decision can be

taken.

Post on 14.10.2024 for both sides to place necessary judgments before

this Court for a conclusion to be drawn on this issue.

R RAGHUNANDAN RAO,J

HARINATH.N,J RJS