Dr.V. Brahmareddy Paramedical Institute, v. The State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND SIXTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO:19087 of 2016 Between:
1 Dr. V. Brahmareddy Paramedical Institute, 8/31, NH-7, Doopadu Kurnool, Kurnool District, Rep. by its Secretary and Correspondent, B. Sriramulu, S/o. Lakshmanna, aged about 29 years.
2 Sri Satya Sai Institute of Paramedical Sciences, 17-183, Doctors Colony, Kurnool, Kurnool District, Rep. by its Secretary and Correspondent, Abdul Mannan, S/o. Mohammed Pasha 3 Vijaya Prasanna Harshith Institute of Paramedical Sciences, 46-282, B.Pet, Kurnool, Kurnool District, Rep. by its Secretary and Correspondent, P.T.Sai Prasanna, S/o. Muralidhar, aged about 29 years.
4 Padmavathi Paramedical College, 21/121, Road No.1, SKD Colony, Adony, Kurnool District, Rep by its Secretary and Correspondent, S. Meghamala, D/o. Virupakshi Reddy, aged about 34 years.
5 Sri Rama Institute of Health Sciences, 86/381, Doctors Colony, Kurnool, Kurnool District, Rep. by its Secretary and Correspondent, P. Satish Kumar, S/o. Late Sridhar Kumar, aged about 34 years.
..... Petitioners AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical & Health and Family Welfare Department, Secretariat Buildings, Hyderabad. 2 The Andhra Pradesh Para Medical Board, Directorate of Medical Education Complex, Kothi, Hyderabad, Rep. by its Secretary.
3 The District Medical & Health Officer, And Chairmancum-Convener, For admission to Paramedical Courses, Kurnool District at Kurnool.
.....Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1st Respondent in not including the petitioners institutes (which are already recognized by the AP Paramedical Board) for the purpose of admission of candidates/students into Paramedical Courses for the years 2016-2017 as per the notification No.002/APPMB/Admissions/AY2016-2017 dated 18.05.2016 as illegal, arbitrary and violative of Article 14 of
Constitution of India and consequently direct the respondents to allot the candidates/students to the petitioner colleges at the time of counseling;
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and upon hearing the arguments of Sri Y.Nagi Reddy, Advocate for the Petitioners and of the Asst. GP for Medical & Health, (AP), for the Respondents, the Court made the following. ORDER:
"The case of the petitioners is that they have valid recognition from the respondent-AP Para Medical Board for running various courses under certificate of recognition and the institutes were also permitted intake of students to admit them to various courses offered by them.
The grievance of the petitioners is that in spite of having recognition from the respondent- AP Para Medical Board respondents are not allotting the students on the ground of violation of certain guidelines and rules framed under the Education Act. Learned Asst. Government Pleader for Medical and Health submits that the respondent-AP Para Medical Board has granted recognitions to various institutes indiscriminately at the time of bifurcation of the united State of Andhra Pradesh in violation of guidelines and rules framed under the Education Act. Learned AGP seeks time to file detailed counter.
However, it is submitted by learned counsel for the petitioners that this Court in similar matters granted interim directions to allot the students to the institutes which were granted recognition by the respondent-AP Para Medical Board.
Inasmuch as the, prima facie, the petitioners are having recognition granted by the AP Para Medical Board and the Government also permitted the petitioners to admit students into various courses, there shall be interim direction to the respondents to allot the students to the petitioners-institutes.
However, this order will not preclude the respondents from proceedings against the petitioners if they found to have violated any guidelines or rules framed under the Education Act, by following due process of law. Post after four weeks."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Principal Secretary, Medical & Health and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Hyderabad.
2. The Secretary, Andhra Pradesh Para Medical Board, Directorate of Medical Education Complex, Kothi, Hyderabad
3. The District Medical & Health Officer, And Chairman-cumConvener, For admission to Paramedical Courses, Kurnool District at Kurnool. (Addressees 1 to 3 BY RPAD)
4. Two CCs to GP for Medical & Health, (AP), High Court Buildings, Hyderabad (OUT)
5. one CC to Sri Y. Nagi Reddy, Advocate (OPUC)
6. one Spare Copy HIGH COURT AB DRAFTED ON 20-6-2016 ARRJ DATE: 17-6-2016
ORDER
WP. NO. 19087 OF 2016
INTERIM DIRECTION