Andhra Pradesh High Court - Amravati
J Ramesh vs The State Of Andhra Pradesh on 25 October, 2024
APHC010473042024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIFTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 24291 OF 2024
Between:
J. Ramesh ...PETITIONER
AND
The State Of Andhra Pradesh ...RESPONDENT
Counsel for the Petitioner:
1. P V RAGHU RAM
Counsel for the Respondent:
1. GP FOR MED HEALTH AND FAMILY WELFARE
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India
"to issue a Writ, Order or direction more particularly one in the nature of Writ
rd
of Mandamus declaring the inaction of the 3 respondent in issuing sponsorship
certificate to the petitioner for appearing M. Ch. (Surgical Oncology) examination
courses- January, 2025 session and subsequently to join the course if selected of the
nd
petitioner being employee working under 2 respondent Organization, is arbitrary,
irrational, violative of Articles 14 and 300-A of the Constitution of India and
rd
consequently direct the 3 respondent to consider the representation of the petitioner
rd
dated 14.10.2024 submitted to the 3 respondent forthwith and also permit the
petitioner for appearing M.Ch (Surgical Oncology) examination and subsequently to
th
join the course if selection conducted by 4 respondent and pass such other and
further orders".
2. Heard Mr. P.V.Raghuram, learned counsel for the petitioner, who
appeared virtually and Mr. Shaik Rasheed Ahammed, learned Assistant
Government Pleader for the respondents.
3. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the petitioner
requested this Court to issue a direction to the 3rd respondent to dispose of
the representation submitted by the petitioner dated 14.10.2024, without
touching the merits of the case, in terms of G.O.Ms.No.116, dated 12.07.2017.
4. In view of the submission of learned counsel for the petitioner, I need
not decide the truth or otherwise of the allegations made in the petition.
Learned Assistant Government Pleader for the respondents readily agreed to
dispose of the representation dated 14.10.2024 submitted by the respondents
as directed by this Court.
5. This Court is conscious that no such direction be issued in view of the
judgment of the Apex Court in The Government of India v. P.Venkatesh1,
wherein the Apex Court held that such orders may be passed for a quick or
easy disposal of cases in overburdened adjudicatory institutions but, they do
not serve to the cause of justice. As the learned counsel for the petitioner
himself requested to dispose of the representation, I find no other alternative
except to issue such direction.
2019 (8) SCALE 544
6. In the result, Writ Petition is disposed of, while directing the 3rd
respondent to dispose of the representation submitted by the petitioner dated
14.10.2024 in terms of G.O.Ms.No.116, dated 12.07.2017, within one (01)
week from the date of receipt of a copy of this order. There shall be no order
as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand
closed.
_______________________
DR.K. MANMADHA RAO, J
Date: 25.10.2024
KK
