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High Court for State of TelanganaWP/25535/2014dismissed as infructuous

Dar-Us-Salam Edn Trust, Hyderabad And Another v. Ntr University Of Health Sciences, Vijayawada And 2 Others

2023-12-21Surepalli Nanda5 pages

l32s2l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 25535 OF 2014 Between:

1. Dar-Us-Salam Educational Trust, P.O Kanchan Bagh, DMRI, X Roads, Rep by Dr. Hamid Abdul Qaiyum, S/o Mohammed Abdul Qaiyum, Aged about 63 years, R/o Hyderabad

2. Deccan College of Medical Sciences, Santosh Nagar, Hyderabad, Represented by its Principal Hamid Abdul Qaiyum, Rl/o H.No.16-1 1-171c12, Salimnagar Colony, Hyderabad-500036.

PETITIONERS AND NTR University of Health Sciences, represented by its Registrar, Vijayawada Government of Telangana, rep. by its Principal Secretary Medical, Health and Family Welfare Departmenl Secretariat Buildings, Hyderabad, Government of Andhra Pradesh, rep. by its Principal Secretary, Ivledical, Health and Family Welfare Department, Secrelariat Buildings, Hyderabad.

RESPONDENTS 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 issue a Writ, Order or Direction more particularly, one in the nature of Writ of "lViandamus" declaring the action of the 1sr Respondent in not granting the approval to the 2nd Petitioner lnstitution for admissions made into the MBBS Course for the academic year 2009-2010 by issuing proceedings Ref No 61O4/A|/MBBS/13-1. dated 23.08.2014 as arbitrary, illegal, unlawful, apart from being unconstitutional and set aside the same and direct the Respondents to approve the admissions made by the 2nd petitioner institution for the academic year 2009-10.

l.A. NO: 1 OF 2014(WPMP. No : 31925 OF 2014) 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 suspend the proceedings in Ref No 6104/41/MBBS/'l3-1, dated 23.08.2014 and direct the respondent no 3 to reconsider granting approval for the admissions made by the 2nd petitioner college for the academic year 200g-.!0, pending disposal of the above Writ Petition.

l.A. NO: 2 OF 2014(WPMP. NO: 36117 OF 20141 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 receive the additional affidavit along with the documents marked as Annexures p-B to p20. Counsel for the Petitioners: SRI S NIRANJAN REDDY Counsel forthe Respondent No.1: A PRABHAKAR RAO Counsel for the Respondent No.2 and 3: Gp FOR MEDICAL HEALTH & FW The Court made the following: OROER

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETIrION No. 25s3s OF 2014 ORDER:

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

"to issue a Writ. Order or Direction; more particularly, one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not granting the approval to the 2nd Petitioner Institution for admissions made into the MBBS Course for the academic year 2OO9-2010 by issuing proceedings Ref No 6104/AI/MBBS/13-1 dated 23.08.2014 as arbitrary, illegal, unlawful, apart from being unconstitutional and set aside the same and direct the Respondents to approve the admissions made by the 2nd petitioner institution for the academic year 2009-10". 2.

Learned counsel appearing on behalf of the petitioners brings to the notice of this Court that the cause of action in the present Writ Petition does not survive for adjudication anymore. 3.

Bringing the said submission on record, the present Writ Petition is dismissed as infructuous. However, there shall be no order as to costs.

SN,J W.P.No.255l5 of 2014 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

SD/.P.CH.NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY/I \,/ \ SECTION'OFFICER To,

1. One CC to Sri S. Niranjan Reddy, Advocate [OPUC]

2. Two CCs to GP for Medical Health & Family Wetfare, High Court for the State of Telangana, at Hyderabad [OUT]

3. One CC to Sri A. Prabhakar Rao, SC [OPUC]

4. Two CD Copies TJ SB

HIGH COURT DATED:21 11212023

ORDER

WP.No.25535 of 2014 14:

S r ( \6\ ), o c Ft8 202{ * * A1 P DISMISSING THE WRIT PETTTION AS INFRUCTUOUS WITHOUT COSTS.