Dismissed

Dr.Dalai Kailashini v. the Registrar, Dr.N.T.R.University of Health Sciences and 4 Ot

Andhra Pradesh HC3 Mar 2024WP/13360/2015

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition as infructuous. Counsel argued the cause no longer survives following a prior interim order granting the petitioner Scheduled Tribe status for counseling, rendering the present petition unnecessary.

What did the court decide?

Writ petition dismissed as infructuous with no order as to costs.

Dr.Dalai Kailashini Vs the Registrar… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 13360 OF 2015

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Between:

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Dr.Dalai Kailashini, D/o. Dalai Krushna R/o Kusumpuram Village, Kaviti Mandal, Srikakulam District.

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...PETITIONER

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AND

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The Registrar, Dr.N.T.R.University of Health Sciences, Vijayawada Krishna District.

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Dr.N.T.R.University of Health Sciences, Rep. by its. Registrar,

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Vijayawada, Krishna District.

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.The Convener, P.G.M.E.T - 2015, Dr.N.T.R.University of Health

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Sciences, Vijayawada, Krishna District.

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The Director of Tribal Welfare Government of Andhra Pradesh

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Hyderabad.

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.The District Collector, Srikakulam Srikakulam District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the 3'^'^, 2 nd and 1 respondents herein to consider the claim of the petitioner as S.T. candidate in the forthcoming Post Graduate Medical Entrance Test since she has already .completed graduation in medicine as S.T. candidate and the purported action of the respondents in seeking to deny the same without there being any rejection order from the 4th respondent as illegal, arbitrary, vindictive and violation of Articles 14, 16 and 21 of the Constitution of India.

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I.A. NO: 1 OF 2015(WPMP. NO: 17546 OF 2015)

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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 direct the respondents to permit the petitioner to attend the counseling with ST status as was done in graduation in medicine.

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Counsel for the Petitioner: SRI C.SRINIVASA BABA on behalf of A. S. Manasa

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Counsel for the Respondent No.1 to 3: SRI GUTTAPALEM VIJAYA

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KUMAR (SC FOR NTR UNIVERSITY)

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Counsel for the Respondent No.4: GP FOR SOCIAL WELFARE

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Counsel for the Respondent No.5: GP FOR REVENUE

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The Court made the following: ORDER

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APHC010138792015

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^. (Special Original Jurisdiction)

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[3333]

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MONDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 13360/2015

Between;

Dr.dalai Kailashini

...PETITIONER

AND

The Registrar Dr N T R University Of Health Sciences 4 ...RESPONDENT(S) Ot and Others

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Counsel for the Petitioner:

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1.C SRINIVASA BABA

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Counsel for the Respondent{S):

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1.15541/GP FOR SOCIAL WELFARE (AP)

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2.15548/GP FOR REVENUE (AP)

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3.A PRABHAKAR RAO

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4.GUTTAPALEM VIJAYA KUMAR (SC FOR Dr NTR HEALTH U)

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The Court made the following:

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ORDER:-

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This writ petition came to be filed under Article 226 of the

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Constitution of India, seeking the following relief:-

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“....to issue a writ order or direction more particularly^one in the nature of writ of mandamus directing the 3rd 2nd^and 151 respondents herein to consider the claim of the petitioner^asST candidate in the forthcoming Post Graduate Medical^EntranceTest since she has already completed graduation in medicine^asST candidate and the purported action of the respondents in seeking to deny the same without there being any rejection order from the 4th respondent as illegal arbitrary vindictive and violation of Articles 14 16 and 21 of the Constitution of India and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case, and to pass...”

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On 01.05.2015, while ordering notice, this Court granted the

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following interim order:-

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WP No. 13360 of 2015

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Rule Nisi. Call for records. Post after summer vacation of 2015.

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WP MP No. 17546 of 2015

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r i (

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Heard learned counsel appearing for the petitioner^{andthelearned} standing counsel for R. 1 to R.3.

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In view of the order passed by this court in WP No.23822 of 2007 and the order of status-quo passed by the Government^on21.05.2009 and considering the fact that the caste certificate^wasissued to the petitioner by the Tahsildar without mentioning the caste, respondents 1 to 3 are directed to permit the petitioner to attend the counseling with Scheduled Tribe status as was done in Graduation in Medicine. However, it is made clear that the seat in P.G. course, if any allocated to the petitioner, will be subject to the appeal pending before the District Collector.

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Notice.

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Heard Ms.A.S.Manasa, learned Advocate representing^onbehalf

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of Mr.C.Srinivasa Baba, learned counsel for the petitioner, learned Government Pleaders for Revenue & Social Welfare and Mr.G.Vijay

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Kumar, learned Standing Counsel for NTR University for the respondents.

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Today when the Writ Petition came up for hearing, learned counsel for the petitioner submitted that in pursuance^oftheinterim order the cause in the Writ Petition does not survive^andhasbecome infructuous.

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Accordingly, the Writ Petition is dismissed as infructuous.^There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if^any,inthe Writ Petition, shall also stand closed.

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SD/-M PADMALATHA ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI C.SRINIVASA BABA, Advocate [OPUC]

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One CC to GUTTUPALEM VIJAYA KUMAR (SC FOR Dr NTR HEALTH UNIVERSITY)

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Two CCs to SRI GP FOR SOCIAL WELFARE, Advocate [OPUC]

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Two CCs to SRI GP FOR REVENUE, Advocate [OPUC]

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Two C.D Copies MBT PRK

HIGH COURT

DATED:04/03/2024

ORDER

WP.No.13360 of 2015

DISMISSING THE W.P

AS INFRUCTUOUS

WITHOUT COSTS

Dr.Dalai Kailashini v. the Registrar, Dr.N.T.R.University of Health Sciences and 4 Ot

Case brief

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Dr.Dalai Kailashini v. the Registrar, Dr.N.T.R.University of Health Sciences and 4 Ot

Case brief

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