2019 Supreme(AP) 340
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, M. SATYANARAYANA MURTHY, JJ.
N.R.I. Medical College and Ors. - Appellants
Versus
State of Andhra Pradesh and Ors. - Respondents
W.A. Nos. 1207, 1296 and 1322 of 2018
Decided On : 30-09-2019
A. Sudershan Reddy for K.V. Bhanu Prasad, Government Pleader, Taddi Nageswara Rao, SC, Vivek Chandrasekhar.
Headnote:
Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 - Section 3 - A.P. Unaided Non-Minority Professional Institutions (Regulation of admissions into Post Graduate Medical and Dental Professional Courses/Super Speciality Courses) Rules, 2013 - Rule 3(iv) and Rule 4(v)(a) - Diploma courses in Orthopedics and Gynecology - Affidavit filed in support of the petition - Order to appreciate the issue involved, it would be necessary to refer to the averments in the affidavit filed in support of writ petition and documents filed therein - Appellants, except who took admission in post graduation others joined in diploma courses in Orthopedics and Gynecology in N.R.I. College District for the academic year - Duration of the diploma course is for two years - Invited by the college for admission into the above mentioned courses in respect of unfilled seats. Responding to the same, appellants-students applied for the said courses in the NRI College – Held, University to whom the college wrote a letter in the month kept quiet till by which time four students have completed more than five months out of two years course - Things would have been different had the University reacted in the month of itself, or while sending the approved list in month - It is no doubt true interim orders state that admission and completion of course shall be subject to the result of writ petition and no equities to be claimed, but, in a case of this nature where substantial amounts have been spent for education of students, withholding of the certificates after completion of three years of course will not benefit anyone - Writ appeals are disposed of
JUDGMENT :
C. Praveen Kumar, J.
1. All these writ appeals are filed against the common order dated 1.8.2017 passed in WP No. 11752 of 2015, WP No. 16369 of 2016 and WP No. 14239 of 2017, wherein the writ petitioners, who have completed their courses now, filed the above mentioned writs seeking issuance of writ of mandamus declaring the action of the respondents 2 and 3 in not approving the admissions of the petitioners as illegal, improper and incorrect.
2. In order to appreciate the issue involved, it would be necessary to refer to the averments in the affidavit filed in support of the writ petition and the documents filed therein. The appellants, except Rizwana, who took admission in post graduation i.e., MD (Pathology), all others joined in diploma courses in Orthopedics and Gynecology in N.R.I. College, Chinakakani, Mangalagiri, Guntur District for the academic year 2014-2015. The duration of the diploma course is for two years, while that of MD (Pathology) is for three years.
3. Applications came to be invited by the college for admission into the above mentioned courses in respect of unfilled seats. Responding to the same, appellants-students applied for the said courses in the NRI College, Mangalagiri. After processing their applications, the appellants-students were given admission into the said courses.
4. It is pleaded that by the time they approached the 4th respondent-college in the first week of April, 2014, other seats were filled up and the college authorities informed them to approach them when they notify filling up of unfilled seats. A notification for the same came to be issued on 9.7.2014 and pursuant to which, applications came to be submitted to join in the said courses. The last date for filling up the post graduation seats for the academic year 2014-2015 was 10th July, 2014, by which time, admissions of appellants-students were completed. The college has forwarded their names for approval through letter dated 10.7.2014 and also sent a copy to the 3rd respondent-Medical Council of India as required. A dispute arose in the college management with regard to admission of seats under management quota for the academic year 2014-2015, in respect of certain seats, for which there was much demand. It is said that when the Principal of the college invited applications to fill up the unfilled seats, the other group, which was opposing the management, entertained certain applications on their own and sent a list to the N.T.R. University of Health Sciences, which wrote a letter to the college stating that they received two lists, one from the Principal and the other from the management and which list has to be accepted. In that back drop, WP No. 17918 of 2014 came to be filed before this Court, wherein a Division Bench directed N.T.R. University of Health Sciences to consider both the lists and prepare a merit list taking into consideration the relative merit of the students available in both the lists. It is not in dispute that the names of the petitioners herein do not figure in both the lists. The 4th respondent-college, after giving admissions to the students in the merit list in terms of the order of the Division Bench, sent the names of the petitioners-students to the university on 10.7.2014. On a premise that the names of the students will be approved as the controversy is over, the petitioners were admitted in the college and thereafter they have completed their courses as on today. While things stood thus, in the month of March, 2015, the University passed an order directing the college to discharge the students from the admissions as the names of the petitioners were not in the approved list sent by the University through their office letter dated 9.11.2014. It is pleaded that insofar as admission of the petitioners-students is not in controversy, much attention was not paid to the procedure for getting the