Disposed

Nimra Institute of Medical Sciences v. Shaik Mohamed Hafeezuddin Khamri

Andhra Pradesh HC4 Dec 2024WA/1003/2024

Case brief

AI extract

What is this about?

High Court disposed of writ appeals against a single Judge's order directing payment of examination fees. It directed the University to consider students' eligibility issues while allowing colleges to accept fees, permitting sit-ins if the University grants relaxation. Decision deadline set for 07.12.2024.

What did the court decide?

University directed to consider representation on attendance by 07.12.2024; college to accept fee; students permitted to sit subject to University decision.

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

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APHC010551992024

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IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.Nos:AT AMARAVATI

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130, 131, 132 [3446]

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WRIT APPEAL NO: 1001 of 2024 ALONG WITH WRIT APPEAL NOS.1002, 1003 of 2024

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Nimra Institute Of Medical Sciences(NIMS)

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...Appellant

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Vs.

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Nallam Sanjana Durga and Others

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...Respondent(s)

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Advocate for Appellant: Mr. O. Manoher Reddy, learned Senior Counsel appearing vice Mr. Masalegar Hidayathulla

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Advocate(s) for Respondent(s):

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

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

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DATE : 5^th December, 2024.

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P C :

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The present writ appeals have been preferred against the order dated 03.12.2024, which to us appears, on the face of it, to be an innocuous order, inasmuch as the learned single Judge has only directed the college authorities to collect examination fee from the petitioners.

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This order has been passed, as can be seen from the reading of the

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order, considering the fact that the petitioners, if subsequently found eligible to

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HCJ & RRRJ WA_1001_2024 & batch

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

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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.

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Earlier the learned single Judge had issued directions vide order dated 29.11.2024, directing the Principal of the N.I.M.S. to consider the representation of the petitioners.

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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.

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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.

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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

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HCJ & RRRJ WA_1001_2024 & batch

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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).

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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 relevant to the issue shall be furnished today itself to the University along with the representation of the candidates.

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The present writ appeals are accordingly disposed of. No order as to costs.

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Pending miscellaneous applications, if any, shall stand closed.

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DHIRAJ SINGH THAKUR, CJ.

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R RAGHUNANDAN RAO, J.

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Note:- Issue CC today B/o. SSN

Nimra Institute of Medical Sciences v. Shaik Mohamed Hafeezuddin Khamri

Case brief

What is this about?

What did the court decide?

Nimra Institute of Medical Sciences v. Shaik Mohamed Hafeezuddin Khamri

Case brief

What is this about?

What did the court decide?

What the court decided

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