Telangana High Court
Smt. Dharavath Sharada vs The State Of Telangana on 3 January, 2025
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT APPEAL No. 1448 OF 2024
JUDGMENT:
(Per the Hon'ble Sri Justice J. Sreenivas Rao)
This intra court appeal has been filed by the appellant
aggrieved by the common order passed by the learned Single Judge
in Writ Petition No.900 of 2024, dated 10.12.2024 whereunder the
writ petition filed by respondent No.6 was allowed.
2. Heard Sri M.Venkanna, learned counsel for the appellant, Sri
T.Sharath, learned Standing Counsel for Kaloji Narayana Rao
University of Health Sciences for respondent Nos.2 and 3 and Sri
R.Nagarjuna Reddy, learned Assistant Government Pleader for
Health, Medical and Family Welfare Department for respondent
No.1, on admission.
3. Brief facts of the case:
3.1 Facts giving rise to filing of this writ appeal briefly stated are
that respondent No.6 was admitted into medical post-graduate
Course in Anesthesia for the academic year 2021-22 at Kakatiya
Medical College, MGM Hospital, Warangal/respondent No.5 which is
affiliated to respondent No.3-University and he was suspended by
the respondent No.5-College through notice dated 09.06.2023 for a
period of one year with effect from 04.03.2023 on the ground that
one Dr. Preethi committed suicide due to his harassment, for which
Crime No.69 of 2023 was registered against him by the Police,
Matwada for the offences punishable under Sections 306 and 354 of
Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(w)(ii), 3(2)(v) and
3(2)(va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989. Questioning the said
suspension order, respondent No.6 filed W.P.No.15669 of 2023 and
the same was allowed by the learned Single Judge of this Court on
11.09.2023 setting aside the suspension notice dated 09.06.2023
issued by the respondent No.5-College. However, it is open to the
respondents therein to initiate fresh action by following principles of
natural justice by providing reasonable opportunity to respondent
No.6 and following the procedural guidelines prescribed in the
National Medical Commission (Prevention and Prohibition of
Ragging in Medical Colleges and Institutions) Regulations, 2021 (for
short 'the NMC Regulations, 2021'), the Governing Act as on date
and in particular Regulation No.23. Thereafter, respondent No.5-
College issued notices dated 25.09.2023 and 26.09.2023 to
respondent No.6 to submit explanation as to why disciplinary action
should not be taken against him for the lapses.
3.2 Questioning the said notices, respondent No.6 filed
W.P.No.27381 of 2023 and the learned Single Judge of this Court
passed order on 03.10.2023 directing respondent No.5 College not
to take any coercive steps against respondent No.6 in pursuance of
the notices dated 25.09.2023 and 26.09.2023 for a period of two
weeks from the date of receipt of a copy of the said order and
further directed respondent No.5 College to consider the reply dated
29.09.2023 submitted by respondent No.6 and pass appropriate
order in accordance with law duly communicating the same to him.
On 30.09.2023, respondent No.5 College issued notice permitting
respondent No.6 to join in the college. Accordingly, respondent No.6
joined in the College on 04.10.2023. On 16.10.2023, respondent
No.5 College served a notice to the respondent No.6 directing him to
tender his answer to set of questions. Respondent No.5-College
informed respondent No.6 through letter dated 01.11.2023 that the
said answers will be placed before ARC. Respondent No.6 through
letter dated 02.11.2023 requested respondent No.5 College to
permit him to take assistance of a lawyer at the time of personal
enquiry by the Anti-Ragging Committee (for short 'ARC'). On
06.11.2023, respondent No.5 College informed respondent No.6 that
ARC meeting was fixed on 09.11.2023 and requested him to attend
the meeting.
3.3 It is further averred that respondent No.6 submitted
concluding remarks on 10.11.2023 instead of submitting on
09.11.2023, and on 13.11.2023 respondent No.5 College informed
that the ARC has submitted its recommendation report and
therefore, a show-cause notice dated 13.11.2023 was issued to
respondent No.6. On 13.11.2023, respondent No.6 has submitted a
representation to respondent No.5 College to provide a copy of
minutes of ARC meeting and the same was not considered. On
13.11.2023 respondent No.5 College issued two notices informing
respondent No.6 that the decision of ARC meeting was already
informed to him. Questioning the subsequent notice, respondent
No.6 filed W.P.No.31910 of 2023. The learned Single Judge on
20.11.2023 directed respondent No.6 to submit a detailed
explanation in writing to respondent No.5 College, pursuant to the
show cause notice dated 13.11.2023 within a period of two weeks
from the date of receipt of copy of order and respondent No.5
College shall consider the same duly taking into consideration the
specific observations and the directions of this Court vide order
dated 11.10.2023 in W.P.No.15669 of 2023 and pass appropriate
reasoned order in accordance with law, within a period of four
weeks from the date of receipt of explanation from respondent No.6
and till such time, respondent authorities therein are directed not
take any coercive steps against respondent No.6.
3.4 Pursuant to the above said order dated 11.10.2023 in
W.P.No.31910 of 2023, respondent No.5 College through letter
dated 19.12.2023 furnished the copy of minutes of the ARC meeting
to respondent No.6 and directed him to submit explanation within a
period of seven days. Accordingly, respondent No.6 submitted
explanation on 27.12.2023. Thereafter, respondent No.5 College
suspended respondent No.6 from the College through proceedings
dated 08.01.2024.
3.5 Questioning the above said suspension order dated
08.01.2024, respondent No.6 filed W.P.No.900 of 2024. In the said
writ petition, the learned Single Judge granted interim order on
18.01.2024 suspending the said order and issued further direction
to the respondents therein to permit respondent No.6 herein to
attend the College.
3.6 While things stood thus, respondent No.2 University had
issued examination Notification dated 29.10.2024 proposing to
conduct NEET Post-graduation examination. Respondent No.6 has
submitted representation dated 13.11.2024 to respondent No.5
College to furnish attendance certificate. Accordingly, respondent
No.5 College issued attendance certificate dated 19.11.2024,
wherein it was mentioned that respondent No.6 was absent for 227
days. Questioning the said Certificate, respondent No.6 filed
W.P.No.32848 of 2024 and the learned Single Judge allowed the
above said two writ petitions on 10.12.2024 by way of common
order and set aside the suspension order dated 08.01.2024 and
issued direction that respondent No.5 College shall upload the
attendance particulars of respondent No.6 pursuant to the
Notification dated 29.10.2024 and permit him to appear in the
upcoming Medical Post-graduation (MD/MS) Regular Examinations,
January, 2025 by marking attendance for the period from
20.02.2023 to 03.10.2023. Thus, the appellant has filed the
present writ appeal.
4. Submissions of learned counsel for the appellant:
4.1 Learned counsel for the appellant has submitted that the
learned Single Judge without properly considering the contentions
raised by the appellant in I.A.No.3 of 2024 and the submissions
made by him during the course of hearing, allowed the writ petition
and the same is contrary to law.
4.2 He further submitted that respondent No.6 involved in a
serious crime of suspicious death of daughter of the appellant and
respondent No.6 is not allowed to enjoy the benefit of pursuing his
post-graduation. He further submitted that as per Chapter V,
Regulation 5.5 of NMC Regulations, 2023, respondent No.6 is not
eligible to appear post-graduate examination, as he is not having
80% of attendance and the learned Single Judge beyond the Rules
and Regulations had passed the impugned order and the same is
contrary to law.
5. Analysis:
5.1 Having considered the submissions made by the learned
counsel for the appellant and perused the records. Admittedly,
respondent No.6 filed W.P.No.900 of 2024 questioning the
suspension order/letter dated 08.01.2024 issued by respondent
No.5 College imposing the punishment of suspension of one year.
In the said writ petition, the learned Single Judge granted interim
order on 10.01.2024 suspending the said order and directed the
respondents therein to permit respondent No.6 to attend the
College. While things stood thus, respondent No.2 University had
issued examination Notification dated 29.10.2024 proposing to
conduct post-graduate examinations. Pursuant to the said
Notification, respondent No.6 submitted representation dated
13.11.2024 to respondent No.5 College to furnish the attendance
certificate. Accordingly, respondent No.5 College had issued
attendance certificate dated 09.11.2024, wherein it was mentioned
that respondent No.6 was absent for 227 days. Questioning the
said certificate, respondent No.6 filed W.P.No.32848 of 2024. The
Writ Petition Nos.900 and 32848 of 2024 were clubbed together and
the learned Single Judge allowed the above two writ petitions and
set aside the punishment of suspension order against respondent
No.6 dated 08.01.2024 and issued direction to respondent No.5
College that the College shall up-load the attendance particulars of
respondent No.6 pursuant to the Notification dated 29.10.2024 and
permit him to appear in the upcoming Medical Post-graduate
(MD/MS) Regular Examinations, January, 2025 by marking
attendance for the period from 20.02.2023 to 03.10.2023.
6. Admittedly, the appellant filed the present writ appeal against
the order passed in W.P.No.900 of 2024 only and she has not filed
any writ appeal against the order passed in W.P.No.32848 of 2024,
though the learned Single Judge passed common order and allowed
both the writ petitions by way of common order.
7. The contention of the learned counsel for the appellant that
respondent No.6 involved in a serious crime of suspicious death of
daughter of the appellant for which, Crime No.69 of 2023 was
registered by the Police, Matwada for the offences punishable under
Sections 306 and 354 IPC and Sections 3(1)(r), 3(1)(w)(ii), 3(2)(v) and
3(2)(va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, is not tenable under law, on the
ground that the learned Single Judge allowed the writ petition by
setting aside the punishment of suspension order dated 08.01.2024
passed by respondent No.5 College and also allowed W.P.No.32848
of 2024, wherein respondent No.6 sought relief directing the
respondents therein to allow him to appear in the upcoming Medical
Post-graduate (MD/MS) Regular Examinations, January 2025 vide
Examination Notification dated 29.10.2024 by earmarking
attendance between 22.02.2023 to 3.10.2023. The appellant has
not questioned the order/directions issued by the learned Single
Judge in W.P.No.32848 of 2024 and the appellant filed the present
writ appeal only against the order passed in W.P.No.900 of 2024,
wherein respondent No.6 questioned the punishment order passed
by respondent No.5 College dated 08.01.2024 suspending him for a
period of one year.
8. It is pertinent to mention that respondent No.6 filed writ
petitions questioning the action of respondent No.5 in imposing
punishment of suspension of order dated 08.01.2024 and also
attendance certificate dated 19.11.2024 issued by respondent No.5
College and sought consequential direction permitting him to
appear for Medical Post-graduate (MD/MS) Regular Examinations,
January, 2025 pursuant to the Notification dated 29.10.2024
issued by respondent No.3 University. The learned Single Judge
allowed the writ petitions by giving cogent reasons. The appellant
has not mentioned any reasons nor raised any ground, by virtue of
the order passed by the learned Single Judge, how the rights of the
appellant are going to be affected. Insofar as the contention of the
learned counsel for the appellant that respondent No.6 is involved
in a serious crime of suspicious death of the daughter of the
appellant is concerned, Crime No.69 of 2023 was already registered
against him. Keeping in view the above-said facts and
circumstances, this Court is of the view that in case respondent
No.6 is not permitted to attend the said examinations, it would
cause irreparable loss to him, inasmuch as, he will not be able to
complete his post graduate course. By virtue of attending the
examination, the appellant will not cause any irreparable injury,
and it will not affect the investigation.
9. For the foregoing reasons, we do not find any ground to differ
with the view taken by the learned Single Judge.
10. In the result, the Writ Appeal fails and is hereby dismissed.
There shall be no order as to costs.
Miscellaneous petitions, if any pending, shall stand closed.
_______________________
ALOK ARADHE, CJ
_____________________________
J.SREENIVAS RAO, J
Date: 03.01.2025.
Pgp
