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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Shaik Moiza – Petitioner
Versus
State of Telangana and Others – Respondents
W.P. No. 28463 of 2023
Decided On : 26-02-2024
Mandamus - Admission to PG Diploma in CH-Paediatrics - G.O.Ms. No. 27 IIM&FC(C1) Dept. - Rules of Post Graduate Medical Admissions - Duration of Course - Absence beyond specified period - Discontinuation procedure - Forfeiture of admission - Rejection of re-admission request - No judicially enforceable right for mandamus
Fact of the Case:
The petitioner sought a writ of Mandamus to declare the rejection of re-admission for PG Diploma in CH-Paediatrics as illegal and arbitrary, and to permit the petitioner to pursue the course by condoning the delay of 720 days.
Finding of the Court:
The court found that the petitioner's absence for 720 days exceeded the permissible duration under the Rules of Post Graduate Medical Admissions, leading to the forfeiture of admission. The court held that there was no judicially enforceable right for mandamus in the present case.
Issues: The main issue was whether the rejection of the petitioner's re-admission request for PG Diploma in CH-Paediatrics was illegal and arbitrary.
Ratio Decidendi: The court's decision was based on the interpretation of G.O.Ms. No. 27 IIM&FC(C1) Dept. and the Rules of Post Graduate Medical Admissions, which specified the duration of the course and the consequences of absence beyond the specified period.
Final Decision: The writ petition was dismissed as the court found it devoid of merits, and there was no order as to costs.
ORDER :
1. Heard Learned Counsel Mr. P. Kashyap appearing on behalf of the Petitioner, Learned Assistant Government Pleader appearing on behalf of 1st Respondent and Mr. A. Prabhakar Rao, learned standing counsel appearing on behalf of the 2nd Respondent and Learned Standing Counsel on behalf of 3rd Respondent.
2. The Petitioner approached the Court seeking prayer as under:
PERUSED THE RECORD:
3. The order impugned dated 04.09.2023 vide Lr. No. 00538/AC4/KNRUHS/2023, of the 2nd respondent, reads as under:
Ref:
1. G.O.Ms. No. 27 IIM&FC(C1) Dept. dated 10.04.2017.
2. From the Principal, Kaktiya Medical College Lr No. NIL, dated 18.02.2020 received on 19.02.2020.
3. Representation of Dr Shaik Moiza, DCH-Paediatrics dated 19.02.2020.
4. Representation of Dr Shaik Moiza DCH-Paediatrics dated 12.10.2020.
5. This office letter Lr. No. 0563/KNRUHS/Academic/2021, dated 01.02.2021 to Secretary to Government (I/C) HM&FW Dept.
6. Representation of Dr Shaik Moiza DCH-Paediatrics dated 20.02.2021.
7. Representation of Dr Shaik Moiza DCH-Paediatrics dated 24.03.2021.
8. From the Special Secretary to Government (I/C) HM&FW Dept. Lr. No. 1295/C1/2021, dated 25.03.2021.
9. Representation of Dr Shaik Moiza DCH-Paediatrics dated 29.06.2021.
10. Representation of Dr Shaik Moiza DCH-Paediatrics dated 29.06.2021.
11. Representation of Dr Shaik Moiza DCH-Paediatrics dated 19.07.2021.
12. Representation of Dr Shaik Moiza DCH-Paediatrics dated 16.11.2021.
13. This office letter Lr. No. 2373/KNRUHS/Academic/2021, dated 18.12.2021 to Secretary to Government (I/C) HM&FW Dept.
14. From the Special Secretary to Government HM&FW Dept. Lr. No. 1295/C1/2021, dated 09.03.2022.
15. This office letter Lr. No. 0583/Aead/BDS/ KNRUHS/2021-22, dated 04.04.2022 to Principal KMC, Wgl.
16. Orders of the Hon’ble High Court for the State of Telangana on W.P. No. 357 of 2023, dated 31.01.2023.
17. Representation of Dr Shaik Moiza dated 27.04.2023 submitted to University on 27.04.2023.
18. Representation of Dr Shaik Moiza dated 31.05.2023 submitted to University on 31.05.2023.
With regard to the subject, as ordered by Hon’ble High Court for the State of Telangana, I am by direction to inform you that, the request for re-admission vide reference 18th cited of Dr Shaik Moiza, PG diploma in DCH-Paediatrict, at KMC, 2017-18 batch cannot be considered, as it is against the G.O. vide reference 1st cited regarding admission into Post Graduate Medical Courses, as the duration for completion of course by the candidate was already lapsed.
The same may be communicated to the candidate and you are hereby requested to follow the discontinuation procedure and submit the compliance within one week.
4. Letter dated 01.02.2021 of the 2nd respondent addressed to the Secretary HM&FW Department vide Lr. No. 000563/KNRUHS/Academic/2021, reads as under:
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