ORDER:

Heard Sri M.Sri Vijay, Ld. Counsel for the Writ Petitioners, Sri S.Appadhara Reddy, Ld. Government Pleader for Medical and Health and Sri Guttapalem Vijaya Kumar, Ld. Standing Counsel for Dr.N.T.R. Health University.

2. The prayer made in the Writ Petition is as under:

“In the above circumstances, it is prayed that this Hon‟ble Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents, more especially the Respondents 3 and 4 in conducting Practical Examinations, without filling up the posts of Professors (internal examiners) in the 6th Respondent Institution against the sanctioned posts and even without considering the representation made by the Petitioners dated 29.08.2022 despite the permission granted by the 1st Respondent Government in hurried manner as being arbitrary, illegal and violating Articles 14, 16 and 21 of the Constitution of India and also the principles of natural justice and consequently direct the Respondents 3 & 4 to postpone the practical examination scheduled from 05.01.2022 for M.D.Homeo courses in Materia Medica, in terms of the Notification dated 22.09.2022 of the 4th Respondent until the appointments of Professors in the 6th Respondent college is done and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.”

FACTS:

3. The facts as projected in the Affidavit filed in support of the Writ Petition are that the Writ Petitioners are pursuing their Ph.D. i.e. M.D. (Homeo) course in Materia Medica in the Respondent No.5 College; that the Writ Petitioners were facing hardship because the Respondent No.5 College was not filling up the Professor vacancies on account of which the course undertaken by the Writ Petitioners also could not be completed; that on 11.07.2022 the Government of Andhra Pradesh granted permission to the Respondent No.2 to fill-up the vacant post of Professor vide G.O.Rt.No.577, dated 11.07.2022; that pursuant to the said G.O., the Respondent No.2 issued Notification No.2 of 2022 on 25.07.2022; that while the process of appointment of Professors, which include appointment of Internal Examiners as well, was underway, the Writ Petitioners herein have submitted a Representation on 29.08.2022 requesting the Respondents to complete the process of appointment of Professors expeditiously since the syllabus has not been completed for want of Professors in the respective subjects; that, despite this Representation dated 29.08.2022, the Respondents have issued a Notification on 22.09.2022 containing the schedule for examination; and that it is indicated in the said examination Notification that the theory exams would commence from 17.12.2022 for the M.D.Homeo Course.

4. Sri M.Sri Vijay, Ld. Counsel appearing for the Writ Petitioners, in the course of submissions, has submitted on the strength of the averments in the Affidavit, that the Writ Petitioners have filed another Writ Petition seeking stay of the theory examinations. He submits that due to administrative exigencies in this Court as regards the allocation of proper Bench, the theory examinations came to be completed even before the said Writ Petition came-up for hearing. He further submits that the Writ Petitioners herein have filed the present Writ Petition seeking to fill-up posts of Professors with persons having proper qualification to deal with the concerned subjects.

He further submits that such of the professors who will be appointed will also be the Internal Examiners.

5. Sri M.Sri Vijay, Ld. Counsel would submit that (Prof.) Dr.D.Ch.Narasimhulu, who is a member of the faculty for the course of M.D. (Homeo) (Materia Medica), was appointed as Research Guide/Research Supervisor for all the Writ Petitioners; that the Research Guide ((Prof.) Dr.D.Ch.Narasimhulu) of the Writ Petitioners herein has since retired on 30.06.2021 there is a vacancy to this position; and that due to absence of the Research Guide due to the reason