Disposed

Nimra Institute of Medical Sciences v. Nallam Gayathri

Andhra Pradesh HC4 Dec 2024WA/1002/2024

Case brief

AI extract

What is this about?

Writ appeals by a medical college against interim orders permitting MBBS students lacking the requisite 75% attendance to pay examination fees and potentially sit the final year examination. The Bench left eligibility to the University, directed it to decide on the students' representations by a fixed date, and disposed of the appeals.

What did the court decide?

Appeals disposed of; college to accept exam fee; University to decide students' eligibility/attendance relaxation by 07.12.2024; sitting exam subject to that decision.

Nimra Institute of Medical Sciences Vs… — Education and Admissions | Andhra Pradesh HC (2024)

¶1

(«

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

¶3

THURSDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶4

O Jo

¶5

PRESENT

¶6

HON’BLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND

¶7

HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO

¶8

WRIT APPEAL NO: 1001 OF 2024 ALONG WITH WRIT APPEAL Nos.1002. 1003 OF 2024

¶9

WRIT APPEAL NO: 1001 OF 2024

¶10

Writ Appeal under Clause 15 of the Letters Patent Appeal^Preferred against the Order dated 03.12.2024 in I.A.No.2 of 2024 in W.P.No.27638 of 2024 on the file of the High Court. Between:

¶11

Nimra Institute of Medical Sciences(NIMS), Teaching Hospital & Research Centre, Represented by its Dean, Represented by its Nimra Nagar, Jupudi Village, Ibrahimpatnam Mandal, N.T.R. District 521 456 Email; [email protected].

¶12

...APPELLANT/RESPONDENT No.4

¶13

AND

¶14

Nallam Sanjana Durga, D/o. N. Durga Prasad, aged about 21 years. Occupation: MBBS Student, Nimra Institute of Medical Sciences, residing at Flat No. 105, Sai Kalyani Residency, Moghalrajpuram, Vijayawada, 520 010.

¶15

The State of Andhra Pradesh, Represented by its Special Chief Secretary to Government, Department of Health, Medical, & Family Welfare, 5*^ Block, Ground Floor, Room No.157, A.P. Secretariat Buildings, Velagapudi, Amaravati, Guntur District - 522 238, Email. [email protected].

¶16

¶17

The Directorate of Medical Education, Represented by its Director, Having office at Old Government General Hospital, Hanumanpeta,

¶18

Vjiayawada - 520 003, Email, [email protected].

¶19

Dr. N.T.R. University of Health Sciences, Represented by its Registrar, Office at NH-16 Service Road, Beside New Government Hospital, Near Siddartha Medical College, Near Ramavarappadu, Vijayawada^-520 008 Email. [email protected].

¶20

The Andhra Pradesh Higher Education, Regulatory Monitoring Commission, Represented by its Secretary, III Floor,^SreeMahindra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur^District-522 501, Email, [email protected].

¶21

...RESPONDENTS

¶22

lA NO: 1 OF 2024

¶23

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copy of the Order dated 03.12.2024 passed by Learned Single Judge in I.A.No.2 of 2024 in W.P.No.27638 of 2024.

¶24

lA NO: 2 OF 2024

¶25

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings In pursuance of the Order dated 03.12.2024 passed by Learned Single Judge in I.A.No.2 of 2024 in W.P.No.27638 of 2024. Counsel for the Appellant: SRI O.MANOHER REDDY, SENIOR COUNSEL

¶26

APPEARING SRI MASALEGAR HIDAYATHULLA Counsel for the Respondents: SRI MEKA RAHUL CHOWDARY Counsel for the Respondents: SMT. T.V.SRIDEVI Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY WELFARE

¶27

WRIT APPEAL NO: 1002 OF 2024

¶28

Writ Appeal under Clause 15 of the Letters Patent Appeal preferred against the Order dated 03.12.2024 in I.A.No.1 of 2024 in W.P.No.27938 of 2024 on the file of the High Court.

¶29

Between:

¶30

Nimra Institute of Medical Sciences, Ibrahimpatnam, Jupudi, Vijayawada, NTR District, Andhra Pradesh, Rep. by its Principal/Dean.

¶31

...APPELLANT/RESPONDENT No.2

¶32

AND

¶33

Nallam Gayathri, D/o. N.V. Ramesh, aged about 22 years, Occ: Student, Nimra Institute of Medical Sciences, R/o.Flat No.8, Sai Crystal Apartment, Jupudi, Ibrahimpatnam, Vijayawada, NTR District,^Andhra Pradesh.

¶34

...RESPONDENT/WRIT PETITIONER

¶35

Dr. NTR University of Health Sciences, Vijayawada, NTR District, Andhra Pradesh Rep. by its Registrar.

¶36

The State of Andhra Pradesh, Rep. by its Principal Secretary, Health, Medical and Family Welfare Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

¶37

...RESPONDENTS/RESPONDENTS

¶38

lA NO: 2 OF 2024

¶39

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in pursuance of the Order dated 03.12.2024 passed by Learned Single Judge in I.A.No.l of 2024 in W.P.No.27938 of 2024.

¶40

lA NO: 1 OF 2024

¶41

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be

¶42

pleased to dispense with the filing of the certified^{copyoftheOrderdated} 03.12.2024 passed by Learned Single Judge In I.A.No.l of 2024 in W.P.No.27938 of 2024.

¶43

Counsel for the Appellant: SRI MASALEGAR HIDAYATHULLA Counsel for the Respondents: SMT.KAVITHA GOTTIPATI Counsel for the Respondents: SRI MEKA RAHUL CHOWDARY Counsel for the Respondents: SMT. T.V.SRIDEVI

¶44

Counsel for the Respondents: GP FOR MEDICAL HEALTH^&FAMILY WELFARE

¶45

WRIT APPEAL NO: 1003 OF 2024

¶46

Writ Appeal under Clause 15 of the Letters Patent Appeal^preferred Order dated 03.12.2024 in I.A.No.l of 2024 in W.P.No.26250^of2024onthe file of the High Court.

¶47

Between:

¶48

Nimra Institute of Medical Sciences, Ibrahimpatnam, Jupudi, Vijayawada, NTR District, Rep. by its Principal.

¶49

...APPELLANT/RESPONDENT No.3

¶50

AND

¶51

Shaik Mohamed Hafeezuddin Khamri, S/o. Naseeruddin, aged about 23 years, Occ Student, R/o.GFII, Sai Crystal Avenue, Near^NimraMedical College, Jupudi, Ibrahimpatnam, Vijayawada, NTR District.

¶52

... RESPONDENTA/VRIT PETITIONER

¶53

The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical and Health Department, Secretariat, Velagapudi, Amaravathi,^Guntur District.

¶54

Dr. NTR University of Health Sciences, Vijayawada,^{NTRDistrict,Rep.} by its Registrar.

¶55

...RESPONDENTS/RESPONDENTS

¶56

lA NO: 2 OF 2024

¶57

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in pursuance^{oftheOrderdated} 03.12.2024 passed by Learned Single Judge in I.A.No.1 of 2024 in W.P.No.26250 of 2024.

¶58

lA NO: 1 OF 2024

¶59

¶60

Counsel for the Appellant: SRI MASALEGAR HIDAYATHULLA

¶61

Counsel for the Respondents: SRI P. NAGENDRA REDDY

¶62

Counsel for the Respondents: SRI MEKA RAHUL CHOWDARY Counsel for the Respondents: SMT. T.V.SRIDEVI

¶63

Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY

¶64

WELFARE

¶65

The Court made the following: COMMON ORDER

¶66

¶67

APHC010551992024

¶68

IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.Nos:AT AMARAVATI 130, 131, 132 [3446]

¶69

WRIT APPEAL NO: 1001 of 2024

¶70

ALONG WITH

¶71

WRIT APPEAL NOS.1002. 1003 of 2024

¶72

Nimra Institute Of Medical Sciences(NlMS)

¶73

...Appellant

¶74

Vs.

¶75

Nallam Sanjana Durga and Others

¶76

...Respondent(s)

¶77

¶78

Advocate for Appellant;

¶79

Advocate(s) for Respondent(s);

¶80

Mr. O. Manoher Reddy, learned. Senior Counsel appearing vice Mr. Masalegar Hidayathulla

¶81

Ms. Kavitha Gottipati, Mr. Meka Rahul Chowdary, Mr. T V Sri Devi, GP for Medical Health FW.

¶82

CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO

¶83

DATE : December, 2024.

¶84

P C :

¶85

The present writ appeals have been preferred against^{theorderdated} 03.12.2024, which to us appears, on the face of it,^{tobeaninnocuousorder,} inasmuch as the learned single Judge has only directed^{thecollegeauthorities} to collect examination fee from the petitioners.

¶86

This order has been passed, as can be seen from the^readingofthe order, considering the fact that the petitioners, if^{subsequentlyfoundeligibleto}

¶87

¶88

¶89

HCJ & RRRJ WA 1001 2024 & batch

¶90

sit for examination would suffer prejudice to their academic progress and would lose the current academic year.

¶91

The order has been passed in the background of the fact that the candidates are stated and to have not achieved the minimum required 75% attendance to make them eligible to sit and appear for M.B.B.S. final year examination, which is to commence from Tuesday i.e.,^10.12.2024. 4. Earlier the learned single Judge had issued directions^{videorderdated} 29.11.2024, directing the Principal of the N.I.M.S. to consider the representation of the petitioners.

¶92

The college authorities, who are before us in appeal today stated that in fact the decision has to be taken by the University inasmuch as according to their records the petitioners do not have the requisite attendance and they had no power to condone the shortfall in attendance. However, being a disputed question, at this stage we cannot go into the same.

¶93

Be that as it may, we direct the University to consider the representation filed by the petitioners, who also claim that they had all along attended the classes and that in fact the college authorities had not meticulously maintained the records pertaining to the attendance.

¶94

We leave it open to the University to take a call on whether the petitioners had the requisite attendance to make them eligible to appear in the examination or not and whether there could be any relaxation in that regard. In

HCJ & RRRJ WA 1001 2024 & batch

¶99

the meantime, we feel that it would be proper for the college authorities to accept the fee as ordered by the learned single Judge, however, the petitioners would be permitted to sit in the examination only subject to the decision by the University in that regard. The decision be taken positively by 07.12.2024 (Saturday).

¶100

Learned counsel for the University assures this Court that an appropriate decision would be taken within the time prescribed. The decision be also communicated to the candidates by 07.12.2024. The requisite record including attendance register and all other material^{relevanttotheissueshall} be furnished today itself to the University along with the representation of the candidates.

¶101

The present writ appeals are accordingly disposed of.^Noorderasto costs.

¶102

Pending miscellaneous applications, if any, shall stand^closed.

¶103

Sd/- V. SATYANARAYANA DEPUTY REGISTRAR

//TRUE COPY//

SECTrON OFFICER

The Special Chief Secretary to Government, Department of Health, Medical, and Family Welfare, 5^^ Block, Ground Floor, Room No.157, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District - 522 238, Email, [email protected]

¶108

The Directorate of Medical Education, Represented by its Director, Having office at Old Government General Hospital, Hanumanpeta, Vjiayawada - 520 003, Email, [email protected]

¶109

¶110

The Registrar,Dr. N.T.R. University of Health Sciences, Office at NH-16 Service Road, Beside New Government Hospital, Near^Siddartha Medical College, Near Ramavarappadu, Vijayawada - 520 008 Email. [email protected].

¶111

The Secretary, Andhra Pradesh Higher Education, Regulatory Monitoring Commission, III Floor, Sree Mahindra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur District - 522 501, Email. [email protected].

¶112

The Principal Secretary, Health, Medical and Family^Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

¶113

Shaik Mohamed Hafeezuddin Khamri, S/o. Naseeruddin, aged about 23 years, Occ Student, R/o.GFII, Sai Crystal Avenue, Near Nimra Medical College, Jupudi, Ibrahimpatnam, Vijayawada, NTR District.

¶114

Nallam Gayathri, D/o. N.V. Ramesh, aged about 22 years, Occ: Student, Nimra Institute of Medical Sciences, R/o.Flat No.8, Sai Crystal

¶115

Apartment, Jupudi, ibrahimpatnam, Vijayawada, NTR District,^Andhra Pradesh.

¶116

Nallam Sanjana Durga, D/o. N. Durga Prasad, aged^about21 years. Occupation. MBBS Student, Nimra Institute of Medical Sciences, residing at Flat No. 105, Sai Kalyani Residency, Moghalrajpuram, Vijayawada, 520 010.

¶117

One CC to Sri Masalegar Hidayathulla, Advocate [OPUC]

¶118

One CC to Sri Meka Rahul Chowdary, Advocate [OPUC]

¶119

One CC to Smt. Kavitha Gottipati, Advocate [OPUC] 12. One CC to Smt. T.V.Sri Devi, Advocate [OPUC] 13. One CC to Sri P.Nagendra Reddy, Advocate [OPUC] 14. Two CCs to GP for Medical Health & Family Welfare, High Court of Andhra Pradesh. [OUT]

¶120

Three CD Copies. gi

HIGH COURT

DATED:05/12/2024

COMMON ORDER

WRIT APPEAL No: 1001 of 2024 ALONG WITH WRIT APPEAL Nos.1002, 1003 of 2024

¶125

m
I 0 5 DEC
^ ^ Current Section ^

¶126

DISPOSING THE WRIT APPEALS WITHOUT COSTS

Nimra Institute of Medical Sciences v. Nallam Gayathri

Case brief

What is this about?

What did the court decide?

Nimra Institute of Medical Sciences v. Nallam Gayathri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Desaboina Kalyan Vs the Union of India

M Chandra Vamsi Krishna Vs the National Board of Medical Exminations

Myla Srinivasa Rao Vs Sri P Bhaskar IAS

Mallela Venkata Rao, Vs The State of Andhra Pradesh

Dr. Rokkan Suvarna Ratnakar, E.G. Dist. Vs Prl. Secy., Dept. of Home, Hyd. & 3 Ors.

Nimra Institute of Medical Sciences Vs Shaik Mohamed Hafeezuddin Khamri