Aouf Bin Sayeed Bin Siddig v. The State Of Telangana

132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY ,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALL! NANDA WRIT PETITION NO: 262'19 OF 2023 Between:

Aouf Bin Sayeed Bin Siddig, S/o Late Sri Sayeed Bin Salam, Aged about 25 yrs., Occ. Student, R/o 20-4-391/A, Himmatpura, Shalibanda, Hyderabad. ...PETITIONER AND The State of Telangana, Through its Principal Secretary, Higher Education, Having office at T.S. Secretariat, Hyderabad. The Osmania University, Rep. by its Controller of Examinations, Having office at Osmania University Campus, Hyderabad.

Mahatma Gandhi Law College, Rep. by its Principal, Having office at NTR Nagar' LB Nagar' Hyderabad ...RE''.NDENTS 1.

2.

J.

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order. direction or a writ particularly in the nature of Writ of Mandamus declaring that the inaction on part of the respondent no. 2 in taking action on the basis of complaint given by the petitioner on 219/2023, is highly illegal. arbitrary and amounts to dereliction of duties. Consequently, this Honourable Court may be pleased to direct the respondent No.2 to conduct re examination for the petitioner in Constitutional law ll, for the I year ll Semester. LLB 3 YDC course lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim direction thereby directing the respondent no.2 to immediately conduct

re examination for the petitioner in Constitutional law ll, for the I year ll Semester, LLB 3YDC course Counsel for the Petitioner: SRl. MOHAMMAD ADNAN Counsel for the Respondent No.1: cP FOR HIGHER EDUCATION Counsel for the Respondent Nos. 2&3: SRI CH. JAGANNATH RAO, SC The Court made the following: ORDER

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No. 262L9 0F 2023 ORDER:

Heard learned counsel appearing on behalf of the petitioner as well as learned counsel appearing on behalf of the respondents.

2.

The prayer as sought for by the petitioner in the present writ petition reads as under:

"To pass an order direction or a writ particularly in the nature of Writ oF Mandamus declaring that the inaction on part of the respondent No.2 in taking action on the basis of complaint given by the petitioner on 02.09.2023, is highly illegal arbitrary and amounts to dereliction of duties. Consequently, this Hon'ble Court may be pleased to direct respondent No.2 to conduct re-examination for the petitioner in Constitutional law II, for the I year II Semester LLB 3 YDC course".

3. This Court, on 05.10.2023 has passed an order by observing as follows:

"Taking into consideration that the issue involves career of a student, the respondent No.2 is directed to take action on the complaint given on 02.09.2023 in accordance to law and pass appropriate orders, within a period of two (02) weeks from the date of receipt of the

SN,J w.l'.No.262 l9 of 202i copy of this order, and duly communicate decision to the petitioner.,, the said 4.

Learned counsel appearing on behalf of the respondents brings on record the speaking order dated I6.|L2O23 issued by the Controller of Examinations, Osmina University, Hyderabad vide Proceedings No.i04/CoEp/Exams/2023 andcontends that the order of this Court dated 05.10.2023 had been complied with and a speaking order dated 16.11.2023 has been passed and communicated to the petitioner.

5.

However, learned counsel appearing on behalf of the petitioner contends that the speaking order dated 16.11.2023 issued by the Controller of Examinations, Osmina University, Hyderabad vide proceedings No.304/COEp/Exams/2023 are in clear violation of principles oF natural justice and contrary to the order of this Court dated 05.10.2023 passed in W.p.No.26219 of 2023.

6.

Without going into the merits of the speaking order dated 16.t7.2023 the present Writ petition is closed giving liberty to the petitioner to challenge the proceedings dated 16.ll.2023 issued by the Controller of Examinations, Osmina University, Hyderabad vide proceedings No.304/COEp/Exams/2023. However, there shall be no order as to costs.

SN,J W.P.No.262l9 of 2023 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

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ORDER

WP.No.26219 ot 2023 CLOSING THE WRIT PETITION WITHOUTCOSTS ab