The High Court declined to entertain a writ appeal filed by a university challenging an order admitting a student. Pending expedited disposal of the underlying writ petition due to the student's participation in classes and exams.
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HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT
THE HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT APPEAL No.52 OF 2016
DATED: 03.02.2016
Between:
Jawaharlal Nehru Technological University and another
… Appellants
and
V.Sreedhari and another
… Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT APPEAL No.52 of 2016
PC: (per the Hon’ble The Acting Chief Justice Dilip B. Bhosale)
Heard learned counsel for the appellants and Sri Ravishankar Jandhyala, learned counsel for respondent No.1.
The appellant – university, in the instant appeal, challenges the following order, dated 05.01.2016 passed in WPMP.No.52286 of 2015 in Writ Petition No.35791 of 2015.
“The 2nd respondent is directed to receive the counseling fees and term fees from the petitioner and grant all facilities to the petitioner which are granted to other regular students without prejudice to the right of the respondents in Writ Petition and any such payment of fee by the petitioner or acceptance of the same by the respondents will be subject to the result of the Writ Petition.”
We are informed that respondent No.1 - student came to be admitted on 04.11.2015 and since then, she has been attending classes and will be appearing for First Semester examination commencing from 08.02.2016. We have perused the order, dated 03.11.2015 passed by the learned Single Judge in WPMP.Nos.45997 and 45998 of 2015 in the very same Writ Petition. By that order, appellants and respondent No.2 were directed to consider respondent No.1 - student for admission in one of the left over vacancies in M.Tech Bio Technology Course in the appellant university, subject to respondent No.1 – student fulfilling all the relevant criteria. The learned Judge also made it clear that the admission, if granted, would be subject to the result of the Writ Petition. That order was not challenged by the appellants. Keeping that in view and considering nature of the impugned order and the fact that respondent No.1 - student has been attending classes since November, 2015 and will be appearing for First Semester examination, we are not inclined to entertain this appeal.
Writ Appeal is dismissed. We however request the learned Single
Judge to decide the Writ Petition expeditiously.
Consequently, miscellaneous petitions, if any, also stand disposed of.
DILIP B. BHOSALE, ACJ
3rd FEBRUARY, 2016.
A.V.SESHA SAI, J
kvni
Jawaharlal Nehru Technological University and another
V. Sreedhari and another
Dilip B. Bhosale
A.V. Sreeshai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
