Al Azizia Educational And Welfare ... vs Alarif Educational And Medical ...
2023 Latest Caselaw 3042 Tel

  THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                             AND

  THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


                 WRIT APPEAL No.985 of 2023


JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)


        Mr. P.Pandu Ranga Reddy, learned counsel for the

appellants.

        Mr. E.Ramesh Chandra Goud, learned counsel for

respondent No.1.

Ms. K.Mahalakshmi, learned Assistant Government

Pleader for Medical, Health & Family Welfare Department

for respondent No.2.

Mr. G.Ravi, learned counsel representing

Mr. A.Prabhakar Rao, learned counsel for respondent

No.3.

2. With the consent of the parties, the matter is

heard finally.

::2::

3. This intra court appeal has been filed against

an order dated 31.07.2023 passed by learned Single

Judge in I.A.No.2 of 2023 in W.P.No.14356 of 2019, by

which application for impleadment filed by respondent

No.1 has been allowed.

4. The appellant has filed a writ petition namely

W.P.No.14356 of 2019, in which the following relief has

been sought:

"It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the 2nd respondent in issuing proceedings Dated 09.07.2019 and the Letter Dated 09.07.2019 and thereby disaffiliating and derecognising the petitioner college for the academic years 2014-15, 2015-16, 2016- 17 and 2017-18 and transferring the students of the petitioner college to Nizamia Tibbi College and the consequential action of the respondent in instructing the petitioner to handover the certificates of the students who are pursuing B.U.M.S course as being illegal, arbitrary, unconstitutional, in violation of ::3::

the principles of natural justice and without jurisdiction or authority and set aside the proceedings issued by the 2nd respondent dated 09.07.2019 and the Letter dated 09.07.2019 and consequently direct the respondents to permit the petitioners to impart training to above said batch of students without any hindrance and issue certificates to students of the petitioners and to pass other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. Admittedly, the aforesaid relief which has been

sought in the writ petition is not qua respondent No.1.

Therefore, he is neither a proper nor a necessary party in

the writ petition. However, learned Single Judge has

failed to appreciate the aforesaid aspect of the matter and

without assigning any reason has concluded that

respondent No.1 is a proper party.

6. The impugned order is therefore set aside and

the application namely I.A.No.2 of 2023 in W.P.No.14356

of 2019 preferred by respondent No.1 seeking

impleadment is rejected.

::4::

7. In the result, the Writ Appeal is allowed.

There shall be no order as to costs.

Miscellaneous applications, if any pending, shall

stand closed.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J Date: 10.10.2023 KL