Allowed

Venkateswara Mphw (F) Training Institute, v. The State of Telangana

Telangana HC19 Jan 2023WP/16994/2016

Case brief

AI extract

What is this about?

This judgment allows a writ petition by a nursing training institution seeking hall tickets for supplementary examinations. The court directed the respondents to declare results and issue certificates within 30 days after students were permitted to write the exam, noting no objections were raised against admissions.

What did the court decide?

Direction to declare results within 30 days and issue certificates to students without further objections.

Venkateswara Mphw (F) Training Institute, Vs The… — Education and Admissions | Telangana HC (2023)

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[3219 ]

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

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THURSDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P.MADHAVI^DEVI

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WRIT PETITION NO: 16994 OF 2016

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Between:

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VENKATESWARA MPHW^(F) Training^{lnstitute, H.No.2-51,Padma Rao Nagar,} Ramnagar, Karimnagar, Rep.,^{by its Correspondent - Cum -} Qe-c1e-tary^D.Kishan Reddy,-S/o Mohan Reddy, Aged about 50^{Years, R/o H.No.2-10-765, Jyothinagar'} Karimnagar, Karimnagar District.

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...PETITIONER

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AND

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'1. The State of Telangana,rep., by its Secretary, Ivledical, Heath & Family Welfare Department, Secretariat, Hyderabad.

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The Commissioner of Health & Family Welfare,^{Telangana at Hyderabad.}

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...RESPONDENTS

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Petition Under Article 226 of the Constitution^{of lndiaprayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court may be} pleased to issue, a Writ, order or direction more^{particularsone in the natureof} writ of mandamus declaring the action^{of the respondents in not issuinghall} tickets to the students of the^{Petitioner Nursing Training lnstitution inspite of} receiving examination fee by^way of^{demand drafts drawnin favour of the} respondents within the time^{are illegal, irregular, arbitrary and discriminatoryand} violation of^principles of natural^justice and^{offends Articles14 &'1 6 of} Constitutions of lndia and^{consequentlydirect the respondents to issue hall} tickets to all the students of^{petitioner institution and permit the all the students of} the petitioner institutions to write^{supplementary examination scheduled to be} held from 06-06-2016 to 10-06-2016 or^{anyother subsequent date and to declare} results of students of^{petitioners institutions and issue certificates to the students} of the^petitioner institutions^{for the year 2010-11.}

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l.A.NO:1 OF 20'16(WVMP. NO: 3118 O F 2016)

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Between:

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The State of Telangana,rep., by its Secretary, Medical, Heath & Family Welfare Department, Secretariat, Hyderabad.

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The Commissioner of Health & Family Welfare, Telangana at Hyderabad.

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...PETITIONERS/RESPONDENTS

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AND

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VENKATESWARA MPHW (F) Training lnstitute, H.No.2-51, Padma Rao Nagar, Ramnagar, Karimnagar, Rep., by its Correspondent - Cum - Secretary D.Kishan Reddy, S/o Mohan Reddy, Aged about 50 Years, Rl/o H.No.2-10-765, Jyothinagar, Karimnagar, Karimnagar District.

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...RESPONDENT/PETITIONER

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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 vacate the interim orders made in WP.No.'16994-2016 dated 02.06.2016 and dismiss the writ petition.

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LA.NO:2 OF 2016(WPMP. NO: 20925 OF 2016)

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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 issue hall tickets to all the students of petitioners institutions for the academic year 2010-20'1 1, and permit the all the students of the petitioners institution to write supplementary examination scheduled to be held on 06-06-2016 to 10-06-2016 and declare the results of the petitioners institution, pending disposal of the main writ petition.

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|.A.NO:1 OF 2018

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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 declare the results of the students of the petitioner's institutions of Nursing training course and issue memorandum of marks memos and certificates to the students in the interest of^justice.

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Counsel for the Petitioner : SRI.MOHAMMED HABEEBUDDIN

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Counsel for the Respondents : GP FOR MEDICAL HEALTH AND FAMTLY WELFARE

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The Court made the following ORDER

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THE HONOURABLE SMT JUSTICE P.MADHAVI^DEVI

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W.P.No. 16994 of 2016

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ORDER:

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In this writ petition, petitioner is^{seekingawrit of} mandamus declaring the action of the^respondents in^not issuing the Hall Tickets to the students of the^{petitioner Nursing} Training Institution, inspite of receiving the^{examinationfee by} way of Demand Drafts drawn in^{favour ol respondentswithin} the prescribed time, as illegal, arbitrary^{and consequentlyto} direct the respondents to issue the^{Hall Tickets to all the} students of the petitioner's institution and^{to permit them to} write the supplementary examination^{scheduledto be held from} 06.06.2016 to 1O.O6.2O16 and also to^{issue certificates to the} students of the petitioner's institution^{for the academic year} 2010-11 and to pass such other order^{or orders.}

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2- Brief facts leading to the filing^{of the presentwrit petition} are that the petitioner institution^{was establishedduring the} year 2OO2.It is submitted that the respondents^have .issued^the the notification dated 14.03.2016 informing^all Correspondents/Principals of the MPHW(F)^{Training Institutes} of Telangana State that the examinations^{are scheduledto be}

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PMD,J l4/.P-No-16994 o! 2016

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conductcd from 26.04.2O 16 to 30.O4.2O16, It is submitted that the last date for submission of applications had been extended till 16.04.2016 and accordingly, the petitioner has paid the examination fee for the students of 20 10- 1 I batch also within the time, as they had completed their 18 months training course by November, 2011 but could not write the examinations due to various reasons. Therefore, their applications for supplementary examination along with examination fee has been submitted by the petitioner institution. Whcn the respondent No.2 issued proceedings dated 27.O5.2O16 fixing the examination schedule from 06.06.2O16 to 10.06.2016, but did not issue Hall Tickets to the students who have applied for supplementary examination, the present writ petition has been fi]ed.

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This Court, vide Interim orders dated 02.06,2016, t.ad directed the respondents to permit the studgnts of the petitioner institution to appear for the examination, but the results of the examinations were directed not to be declared pending further orders of this Court. It is submitted ttrat accordingly, the students have been permitted to write the examinations, but the results have not been declared so far.

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PMD,J w.P.No,15994 of 20 16

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The learned counsel lor the petitioner reiterated the above submissions, while the learned Government Pleader for Medical and Health, relied upon the averments made in the counter aflidavit wherein it is stated that as per the interim direction of this Court, the respondents have issued the Hall Tickets and allowed the students of the petitioner to write the examination and have also issued the results. However, in Para-8, it is also mentioned that the results of the candidates who were permitted to write the examination pursuant to the directions of this Court, will be announced after final orders of this Court.

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Learned counsel for the petitioner had relied upon various decisions of this Court i.e., in W.P.No.5045 of 2Ot2, dated 21.06.2012, W.P.No.454O of 2013, dated 14.O2.2O73 and W.P.No.3165O of 2074, dated 31.O3.2O16, wherein under similar circumstances, the Court had granted interim direction to allow the petitioner therein to write the examination and subsequently, the respondents were directed to declare the results of the students and issue certihcates without raising any objection as to the validity of the admissions of the students. He therefore, prayed for similar relief in this case also.

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t t

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PMD.J W.P.No.l6994^oJ 2016

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)-.

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Having regard to the rival contentions^{and the materialon} record, this Court finds that in the counter^{aifidavit,the} respondents have not raised any objection^{with regardto the} admissions or eligibility of the students^{of 2010-11to write the} examination in the vear 2016.

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In vicw of the same and since the students^{have already} been allowed to write the examination, this^{Court deems} it^fit and proper to direct the respondents to^{declare the resultsof} the students within a period of thirty^{(30) days from the dateof} receipt of copy of this order and issue^{certificatesto them} without raising any further objections.

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Accordingly, this writ petition is allowed'^{There shall be} no order as to costs

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Miscellancous petitions, if any, pending in this^writ

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petition, shall stand closed.

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That Rule^{Nisi has been made absolute as above'}

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Witness^{the Hon'blethe ChiefJusticeUJJAL BHUYAN' on this Thursday'the} Nineteenth^{daY of January'Two Thousand and Twenty Three'}

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SD/- T. SRINIVAS DEPUT} REGISTRAR //rRUE coPY// *"rt6i,^oFFlcER

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To 1 The Secretary,^{Medical,Heath& FamilyWelfareDepa(ment'Secretariat'} Siale of Telangana^{at HYderabad'} 2. The Commissioner^{of Health"I?-imilvWelfare'Jglqlq?n'at Hvderabad'} l) +*"o;t; iffiP^{ron rveoriflil'iALrH nuo raMlLY wELFARE' Hish} Court {or the^{State of Telangana at Hyoeraoag't:J.u} '^I 4. 5i!' c-6' til'sni.,trbiinrtrurE6'nneEdeuoott'l'^{Advocate[oPuc]} Two CD^CoPies

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