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2018 Supreme(AP) 223
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
Versus
Dr. N.T.R. University of Health Sciences, Rep. by its Vice Chancellor – Respondent
Writ Petition No. 2688 of 2018
Decided On : 09-04-2018
For the Petitioner: Mr. A. Bhaskarachari.
For the Respondent: Mr. Taddi Nageswara Rao.
Headnote:Education Law – Admission - Constitution of India Article 226 and 227 - Petitioner is her MBBS student challenging cancellation of his admission – the petitioner studied class 10th and 12th at Vijayawada, after 12 standard applied for EAMCET 2015 and secured a rank of 2530, petitioner does not belong to any reserved category – petitioner was allotted 3rd respondents-College during counselling for the academy year of 2015/16– universities sent a communication to the DEO of Ananthapuram verifying weather petitioner studied in Sri Vivekananda EM High School from class 6th to 9th – the place where petitioner studied for class 10 was Vijayawada under Andhra Pradesh university area wherein he produced a bogus certificate stating he studied in Anantapur district and thereby got admission in the college on the basis of the bogus study certificate – DEO confirmed that the student was not studying in any school of Anandpur– The Vice Chancellor of the University ordered suspension of petitioner from pursuing MBBS course until further orders, the petitioner challenge the suspension order – Court allowed petitioner to appear in the examination – vice chancellor issued a show cause notice to the petitioner asking as to why his admission should not be cancelled, petitioner was not permitted to pursue the course or attend classes therefore a second writ petition was filed to allowed student to continue the course, University was directed to allow petitioner to appear for supplementary examination – another enquiry was conducted where in it was stated that the certificate for class 10th class 6th and class 9th were bogus certificates on the basis of the enquiry admission of the student was cancelled – petitioner filed third writ petition challenging his cancellation – criminal complaint was also registered against the petitioner on the ground of production of bogus study certificates and securing admission in MBBS course– A presidential order, 1974 issued article 371D of the Constitution created reservation for local candidates in three areas Osmania University Area (OU Area), Andhra University Area (AU Area) and Sri Venkateswara University Area (SVU Area). The reservation was to be availed by domicile – if somebody secures any admission on the basis of reservation to cast which does not belong is to forgo the same –as per the documents on record the petitioner could not gain admission in the college within SVU area, he was not entitled to retain any benefits not gain them unlawfully – Court has no alternative except to dismiss the writ petition
V. RAMASUBRAMANIAN, J.
1. 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 1.8.2016, this Court passed an interim order on 9.8.2016 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 9.6.2017. Paragraphs-6 to 9 of the judgment dated 9.6.2017 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 a
