SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2018 Supreme(AP) 128

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN, T. AMARNATH GOUD, JJ.
B. Lalith Kalyan, S/o. Chandra Sekhar - Petitioner
Vs.
Dr. N.T.R. University of Health Sciences and Ors. - Respondents
Writ Petition No. 2688 of 2018
Decided On : 09-04-2018

Advocates Appeared:
For the Petitioner: Mr. A. Bhaskarachari
For the Respondents: Mr. Taddi Nageswara Rao

Headnote:

Writ Petition - Petitioner studied up to 10th standard in two different schools - He did his Intermediate (+2) also - After completion of Intermediate, the petitioner applied for EAMCET-and he secured a rank - Petitioner does not belong to any reserved category - Held, Presidential Order, issued in exercise of the powers conferred by Clauses (1) and (2) of Article 371-D of the Constitution has created a reservation for local candidates in the three local areas - This reservation on the basis of domicile, is notwithstanding anything contained in any other part of the Constitution including Articles 14 and 16 - Insofar as the States are concerned, this reservation on the basis of domicile is akin to the reservation for socially Backward Classes - Therefore, if somebody had secured admission to an educational course, under the quota reserved for a particular category, despite not being entitled, he or she will have to forgo the same - In the case on hand, the petitioner could not have secured admission to the 3rd respondent-College coming within SVU Area, with the score and rank he secured - Therefore, he is not entitled to retain the benefit, irrespective of whether the benefit was unlawfully gained by him or erroneously conferred upon him - Petition dismissed. (Para 22)

ORDER :

V. Ramasubramanian, J.

The petitioner has come up with the above writ petition challenging the cancellation of admission granted to him into MBBS Course during the Academic Year 2015-16.

2. Heard Mr. A.Bhaskarachari, learned counsel for the petitioner and Mr. Taddi Nageswara Rao, learned Standing Counsel appearing for the University.

3. The petitioner studied up to 10th standard in two different schools in Vijayawada. He did his Intermediate (+2) also at Vijayawada. After completion of Intermediate, the petitioner applied for EAMCET-2015 and he secured a rank of 2530. The petitioner does not belong to any reserved category.

4. In the 3rd phase of counselling held in August 2015, the petitioner was allotted to the 3rd respondent-College for admission to the MBBS Course for the Academic Year 2015-16 and the petitioner joined the college on 01-10-2015.

5. In April 2016, the 2nd respondent-University sent a communication to the District Educational Officer, Anantapur, calling upon him to verify whether the petitioner studied in Sri Vivekananda EM High School, Uravakonda, Anantapur, from 6th standard to 9th standard during the period 2007-08 to 2011-12. This clarification was sought on the basis that the place where the petitioner actually studied up to 10th standard viz., Vijayawada came within the Andhra University Area and that he produced a bogus certificate as though he studied in Anantapur District coming within Sri Venkateswara University Region and got admission to the 3rd respondent-College on the basis of the bogus Study Certificate.

6. In response to the letter dated 20-4-2016 issued by the Registrar of the University, the District Educational Officer, Anantapur, conducted an enquiry and submitted a report. The report confirmed that the petitioner was not a student of the school in Anantapur.

7. On the basis of the said report dated 14-6-2016 of the District Educational Officer, Anantapur, the Vice Chancellor of the University passed an order dated 27-6-2016 placing the petitioner under suspension from pursuing the MBBS Course until further orders. The said order of suspension was challenged by the petitioner by way of a writ petition in W.P.No.22871 of 2016. After ordering notice in the writ petition on 01-8-2016, this Court passed an interim order on 09-8-2016 permitting the petitioner to appear for the examination. The interim order passed by this Court was to the following effect:

“As we have seen in yet another case in W.P.No.24644 of 2016, this is also a case where the petitioner got his application registered on 25-9-2015. The receipt issued to him at 17.35 hours discloses that the local area is recorded as Andhra University. But the next receipt issued at 18.45 hours discloses the local area as SVU. Therefore, something appears to have happened between 17.35 hours and 18.45 hours. The logical inference is that something had happened in the counselling centre. Since this could not have happened without any assistance, if not abetment on the part of the person-in-charge of the counselling centre, we issue an interim direction to the respondents to permit the petitioner to take the remaining examinations (practical). However, the results shall not be published, until further orders.”

8. Thereafter, the writ petition W.P.No.22871 of 2016 itself was disposed of by a final order dated 09-6-2017. Paragraphs-6 to 9 of the judgment dated 09-6-2017 passed in W.P.No.22871 of 2016 read as follows:

“6. It is seen from the impugned order that the impugned order was supposed to be a temporary measure. The impugned order states that the petitioner is suspended from pursuing the course of study until further orders. A period of nearly 9 months has passed from the date of the interim order.

7. It is claimed that a police complaint was lodged and Crime No.34 of 2016 of Gudipalli P.S., Chittoor District, has been registered.

8. In such circumstances, we are of the considered view that the suspension order cannot continue without any end.





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top