B.Mounica v. State Of Andhra Pradesh, Rep. By Its Principal Secretary To

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11937 of 2010 02.09.2015 Between:

B.Mounica .. Petitioner and State of Andhra Pradesh, represented by its Principal Secretary to Government, Medical Education Department, Hyderabad and others .. Respondents Counsel for the petitioner: Mr.C.V.Mohan Reddy, senior counsel for Mr.Raavilla Gopala Krishna Counsel for respondent No.2: Mr.A.Prabhakar Rao standing counsel for NTR University Counsel for respondent No.4: Mr.M.V.S.Prasad Counsel for respondent No.5: Mr.Vikran Pooserla Assistant Government Pleader for Medical Health and Family Welfare The Court made the following:

ORDER:

This writ petition is filed for a mandamus to set aside proceedings No.06/MBBS/BDS/EA1/S&G/2009 (Vol.III), dated 10.05.2010, of respondent No.2 and order/proceedings No.B4/Acad/OMC/2010, dated 13.05.2010, of respondent No.3. The issue in this writ petition is whether the certificates of merit/achievement issued by respondent No.5 in favour of the petitioner in the discipline of sailing/access class competitions are valid or not and on the strength of such certificates, whether the petitioner is entitled to the admission under Sports quota in MBBS course in respondent No.2 university.

Respondent No.5, which issued the aforesaid certificates to the petitioner, filed a counter-affidavit categorically stating that the certificates issued by it to the petitioner are valid and the same qualify her for consideration under Sports quota. However, the necessity for this Court to delve into this aspect and render a finding on merits is obviated due to the reason that the petitioner is stated to have completed her MBBS course on the strength of the interim reliefs granted by this Court and is undergoing internship. Mr.A.Prabhakar Rao, learned standing counsel for Dr.N.T.R. University of Health Sciences - respondent No.2, has admitted to this position. In these facts and circumstances of the case, I am of the opinion that adjudication of this writ petition on merits is not necessary. However, respondent No.2 is directed to confer the degree in MBBS course on the petitioner after her successful completion of internship without raising any objection on the validity or otherwise of the certificates based on which she was admitted into MBBS course.

Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.Nos.15052, 36756, and 40277 of 2010 and W.V.M.P.Nos.1064 and 1078 of 2011 shall stand disposed of as infructuous.

__________________________ C.V.NAGARJUNA REDDY, J 02nd September, 2015 GHN