Dismissed

A.P.Private Medical and Dental Colleges Management Assn., v. Chairman, Ap State Council for Higher Education and 2 Others

Telangana HC3 Aug 2021WP/13577/2014

Case brief

AI extract

What is this about?

The High Court found the subject matter of two writ petitions filed by a Medical Colleges Management Association to be infructuous (likely misprint for in-fructuous) and dismissed both petitions without costs.

What did the court decide?

Writ Petitions W.P.Nos.13577 & 9956 of 2014 dismissed without costs.

What the court decided

A.P.Private Medical and Dental Colleges Management… — Service and Employment | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

TUESDAY. THE THIRD DAY OF AUGUST

¶3

TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVTLI

¶6

WRIT PETITION NOS.13577 & 9956 OF 2 014

¶7

WRIT PETITION NO: 13577 OF 2014

¶8

Between:

¶9

A.P. Private I/edical and Dental Colleges Management Association, Having its registered office at 103 Reliance Residency, Opp: NTR Stadium, lndira Park Road, Hyderabad.

¶10

...PETITIONER

¶11

AND

¶12

A.P. State Council For Higher Education, JNTU Campus, I\rlasab Tank, Hyderabad, rep. by its Chairman

¶13

Government of Andhra Pradesh, Department of Health & Ir/edical and Family Welfare, The Principal Secretary, AP Secretariat, Hyderabad.

¶14

Admission & Fee Regulatory Committee, First Floor, Gagan Vihar, Itrl.J.Road, Hyderabad' rep by its lVlember secretary'

¶15

...RES'.NDENTS

¶16

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the .action of the 1't respondent in not according recognition to the petitioner association in accordance with rule 1 1(a)(ii) of G.O.lr,4s.No.73, Higher Education (EC-2) department as arbitrary,illegal, and u nco nstitutional being violative of Articles 1 4 and 1 9(1 )(g) of Constitution of lndia apart from being violative of di&a laid down by the Hon'ble Apex Court and also amounts to abdication of its statutory duty caste upon^'l"t respondent under G.O.ltzls.No.73 Higher Education (EC-2) Department dated 28.02.201 1 .

¶17

WPMP. NO: 16958 OF 20'14

¶18

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 1't respondent forlhwith accord recognition to the petitioner.

¶19

Counsel for the Petitioner: SRl. SRINIVASA RAO PACHWA

¶20

Counsel forthe Respondent No.1: SRI C. SUDESH ANAND

¶21

Counsel for the Respondent Nos.2 & 3: GP FOR HIGHER EDUCATION

¶22

ilzil

¶23

WRIT PETITION NO: 9956 0F 2014

¶24

Between:

¶25

A.P. Private Medical and Dental Colleges Management Ast;ociation, Having its registered office at 103, Rep. by its Secretary Ch. Laxmi Narasimha Rao, Reliance Residency, Opp. N.T.R. Stadium, lndira Park Road, Hyderabad.

¶26

...'ET,T'ONER

¶27

AND

¶28

A.P. State Council for Higher Education, JNTU Campus, l\4zLsab Tank, Hyderabad. Rep by its Chairman

¶29

Government of Andhra Pradesh, Department of Health & lV,:dical and Family Welfare, The Principal Secretary, A.P. Secretariat, Hyderabad.

¶30

Admission & Fee Regulatory Committee,, First Floor, Gagatt Vihar,^l,4.J.Road, Hyderabad. Rep by its lt4ember Secretary,

¶31

NTR University of Health Sciences, Vijayawada. Rep by its Registrar

¶32

tvledical Council of lndia, Pocket- 14, Sector^- B, Dwaraka Prase^-1 New Delhi^- 110077,INDIA Rep by lts President

¶33

...RESPONDENTS

¶34

Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue an order or direction or writ more particularly one in t re nature of Writ of Mandamus declaring the action of the 1st respondent in not acc'ording recognition to the petitioner association in accordance with rule 1 1(a)(ii) of C.O.l/s.No.73, Higher Education (EC-2) department as arbitrary, illegal, and unconstitutiona I being violative of Article 14 and 19(1)(g) of Constitution of lndia apart from being violative of dicta Iaid down by the Hon'ble Apex Court in lnamdars case [reported in (2005) 6 SCC 537] and also amounts to abdication of its statutory duty caste upon 1't respondent under G.O.Ms.No.73 Higher Education (EC-2) Department dated 28.7.11011.

¶35

WPMP. NO: 12502 OF 2014

¶36

Petition under Section 151 CPC praying that in the circunstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the 1st respondent forthwith accord recognition to the^{petitioner, pending} disposal of the above writ^petition.

¶37

Counsel for the Petitioneq: SRl. SRINIVASA RAO PACHWA

¶38

Counsel forthe Respondent No.1: SRI C. SUDESH ANAND

¶39

Counsel for the Respondent Nos.2 & 3:

¶40

GP FOR MEDICAL HEALTH AND FAMILY WELFARE

¶41

Counsel for the Respondent No.4: SRI A. PRABHAKAR RAO,

¶42

SC FOR NTR UNIVERSITY

¶43

Counsel for the Respondent No.S: SRI BAMALAPATI SRINIVAS, SC FOR MCI The Court made the following: COMMON ORDER

¶44

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVIT,I

¶45

W.P.Nos.l3577 & 9956 of 2014

¶46

COMMON ORDER:

¶47

When the matter is taken up for.hearing, learned counsel for the petitioners submits that the sub.ject matter in both the Writ petitions has beconte inll'uctuous.

¶48

Recording the said submission, both the Writ petitions are

¶49

dismissed as infiuctuous. No costs.

¶50

Miscellaneous petitions pending, if any, shall srand closed.

¶51

SD/.K.ONESIM ASSISTANT REG STRAR

i I

/iTRUE COPY//

SECTION OFFICER

To,

L One CC to Sri Srinivasa Rao Pachwa, Advocate tOpUCl 2. Two CCs to GP for Higher Education, High Courlfor thestate of Telangana at a Hyderabad. [OUT]

¶57

a Two CCs to GP for l,4edical Health and Family Welfare, High Court for the State of Telangana at Hyderabad. [OUT] 4 One CC-to Sri C. Sudesh Anbnd, Advocate [OpUC] 5 Two CD Copies 6 One Spare Copy CHR

HIGH COURT

DATED:0310812021

COMMON ORDER

W.P.Nos.13577 & 9956 ot 2014

¶63

1 $E SIA
(o* )
t? (
oJ
0 1 sEP 2021 o
\i.,9
\ cFs., ct{ 1.'l *

¶64

D!SMISSING THE WRIT PETITIONS AS INFRUCTUOUS WITHOUT COSTS

A.P.Private Medical and Dental Colleges Management Assn., v. Chairman, Ap State Council for Higher Education and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A.P.Private Medical and Dental Colleges Management Assn., v. Chairman, Ap State Council for Higher Education and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Parshaboina Praveen Kumar Vs The State of Telangana

Vangala Suresh, Adilabad District and Another Vs Registrar, Kakatiya University, Warangal Dist and Another

G Pulla Reddy Charities Trust, Vs Jawaharlal Nehru Technological University

Klr Pharmacy College, Vs The State of Andhra Pradesh rep by its

Annamacharya Educational Trust, Vs Jawaharlal Nehru Technological University

Smt. Krishnavenamma Inja Vs The Union of India