Allowed

V.Rani, D/o.Lakshmaiah v. The Commissioner of Health and Family Welfare

Telangana HC13 Mar 2018WP/34153/2013

Case brief

AI extract

What is this about?

This judgment allowed writ petitions filed by students of an Auxiliary Midwifery Training Course seeking issuance of provisional and pass certificates. The court directed the respondents to issue said certificates to those who attended classes and passed examinations pursuant to interim court orders. Previous failures to process applications due to administrative lapses were not penalized against

What did the court decide?

Issuance of provisional and pass certificates to petitioners. Miscellaneous petitions closed.

V.Rani, D/o.Lakshmaiah Vs The Commissioner of… — Education and Admissions | Telangana HC (2018)

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THE HON’BLE SRI JUSTI CE A.V.SESHA SAI

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W.P.Nos.33570, 33578 & 34153 of 2013

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COMMON ORDER:

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Since the cause of action in all these writ petitions is similar, this Court deems it appropriate to dispose of the writ petitions by way of this common order.

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2. According to the petitioners, they are the students undergoing Auxiliary Midwifery Training Course and joined in the 3^rd respondent institution in the said course in December 2011/January 2012. There is no dispute that the said institution is a recognised institution. In terms of G.O.Ms.No.314, Health, Medical and Family Welfare Department dated 16.8.1997, which stipulated the procedure for admission of students in the said course, the District Medical and Health Officer (DM&HO), Nalgonda district-2^nd respondent herein issued a notification, calling for applications from the students willing to join in the said course in various institutions including 3^rd respondent herein. It is further stated that when the examination applications of the petitioners were sought to be submitted online, they were not accepted. On enquiry, they came to know that the same was due to failure on the part of DM & HO, Nalgonda in sending, after signing, to the 1^st respondent. It is further stated that in response to the notification indicated supra, the petitioners herein sent the applications for admission and paid the requisite examination fee by way of Demand Drafts to the 3^rd respondent institution.

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3. According to the petitioners, they submitted the applications by duly paying the requisite fee in the name of 2^nd respondent and enclosed all the required documents. It is further stated that the petitioners joined in the

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3^rd respondent institution, which prepared the select list of 20 candidates and sent the same to the 2^nd respondent for approval. According to the petitioners, though they have attended the classes conducted by the 3^rd respondent institution, the 1^st respondent is not receiving applications on the ground that the approved list of selected candidates was not forwarded from Nalgonda district to the office of 1^st respondent. In the above background, these writ petitions came to be filed.

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This Court, while ordering notice on 22.11.2013, in W.P.M.P.No.4177 of 2013, passed interim order, directing the 1^st respondent to receive applications of the petitioners for issuance of hall tickets and further directed to permit the petitioners to write Auxiliary Midwifery Training Course examinations scheduled to be held from 3^rd December 2013 or any other date. This Court also ordered that the results should not be announced. Thereafter, W.P.M.P.Nos.30329 and 30330 of 2014 were filed, praying for a direction to the Respondents to announce to be results of the petitioners, who did take part in the examinations held in December, 2013 with a further direction to permit to write supplementary examinations, commencing from 28.10.2014. On 20.10.2014, this Court passed an order, directing the Respondents to announce the results of the petitioners who did write the examinations pursuant to the earlier interim orders of this court and further directing the Respondents to permit the petitioners herein to write supplementary examinations scheduled to be held from 28.10.2014 in the event of there being any failure in the earlier examinations. This Court also observed that the petitioners would not be entitled to ask for issuance of pass certificates till the disposal of the writ petitions.

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Admittedly, the 3^rd respondent institution is a recognised institution, imparting education in ANM Training Course. It is the case of the 3^rd respondent in its counter that without there being any complaint, they have been running the institution. It is alleged in the counter affidavit that though the 2^nd respondent issued a notification, calling for applications and though the name of the 3^rd respondent was indicated in the said notification, the 2^nd respondent did not allot any students to the 3^rd institution and on the other hand, diverted the students to other institutions for extraneous considerations.

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Curiously, there is no counter affidavit filed by the 2^nd respondent in the writ petition. In the instant case, admittedly, pursuant to the orders of this Court, the petitioners herein took the examination and the only grievance of the petitioners now remains is non-issuance of certificates to the passed candidates. It is also significant to note that the 3^rd respondent institution sent a list of candidates as long back as on 16.1.2017 to the office of the District Medical and Health Officer, Nalgonda and a copy of the said letter is placed on record along with the writ petition as a material paper and the said letter contains the seal of the office of the District Medical and Health Officer. If there is any mistake on the part of the office of the Director of Medical and Health in sending the said list sent by the 3^rd respondent, the petitioners herein cannot be penalilsed. In this context, it may be appropriate to refer to the order of this Court in W.P.No.20459 of 2012. In fact, a copy of the said order is placed on record along with writ petition as material paper. In fact the above said writ petition was allowed by this Court as prayed for. It is also categorically stated in the counter affidavit of the 3^rd respondent that the 3^rd respondent had taken application forms from the office of the 2^nd respondent and after the same being filled

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up by the students, submitted the same in the office of the 2^nd respondent by duly paying the requisite fee for each application.

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Having regard to the above reasons and having heard the learned counsel for the petitioners and the learned Government Pleader, all these writ petitions are allowed, directing the Respondents to issue provisional and pass certificates to the petitioners herein. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

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______________ A.V.SESHA SAI, J

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Date: 13.3.2018
DA

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THE HON’BLE SRI JUSTI CE A.V.SESHA SAI

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W.P.Nos.33570, 33578 & 34153 of 2013

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13.3.2018

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V.Rani, D/o.Lakshmaiah v. The Commissioner of Health and Family Welfare

Case brief

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V.Rani, D/o.Lakshmaiah v. The Commissioner of Health and Family Welfare

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