Writ Appeal No. 896 of 2012 · Andhra Pradesh High Court
Case at a glance
- Decided
- 18 Jul 2012
- Bench
- PINAKI, VILAS V AFZULPURKAR
Outcome
Disposed of
The writ appeal is disposed of on the above terms
Provisions considered
Judgment
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Appeal No. 896 of 2012 Judgment: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose) This writ appeal is directed against the order dated
13.7.2012 passed by the Hon’ble Single Judge in Writ Petition No. 19009 of 2012. The appellant-writ petitioner filed the aforementioned writ petition for a Mandamus to set aside the proceedings dated 10.06.2011, whereby the appellant-writ petitioner was disqualified for a period of two years from pursuing the M.B.B.S. Course. It appears, the appellant-writ petitioner did not come before the Court immediately and filed the writ petition only after a period of one year, i.e., in 2012. The Hon’ble Single Judge, after considering the facts and circumstances of this case, came to the conclusion that against the order so passed by respondent No.2, a statutory remedy of appeal is available to the appellant-writ petitioner and accordingly His Lordship was pleased to dismiss the writ petition after giving liberty to the appellant-writ petitioner to file an appeal before the appellate authority. It has also been stated in the said order that the appellate authority shall dispose of the appeal expeditiously, if such an appeal is filed by the appellant-writ petitioner.
Being aggrieved and dissatisfied with the said order, this appeal has been filed by the appellant-writ petitioner. Our attention was drawn to Section 55 of the N.T.R. University of Health Sciences Act, 1986 (for short ‘the Act’), wherein it has been stated that there would a right of appeal to every employee or student of the University within a period of such time as may be prescribed by the Statutes to the Executive Council against the decision of any officer or authority of the University. On such appeal being filed, the Executive Council may confirm, or modify the decision appealed against. It is true that in the said Act, under Section 54, it has been stated that such appeal should be filed within ten days from the date of communication of such orders or copy of such resolution made available to a student to the Executive Council. But, it appears to us that while the matter was disposed of by the Hon’ble Single Judge, the learned Standing Counsel for N.T.R. University of Health Sciences submitted that the appellant-writ petitioner has an effective alternative remedy of filing an appeal to the Executive Council against the decision of respondent No.2.
Operative part
It was further submitted that since no rules have been prescribed limiting the time for filing such an appeal, the appellant-writ petitioner can maintain an appeal even at this length of time. Such being the position, as accepted on behalf of the respondent-University, we do not think that there is any impediment for the appellant-writ petitioner to file such an appeal before the appellate authority. But since our attention has also been drawn to Section 54 of the Act and we have noted that ten days time has been mentioned therein, in view of the submission made before the Hon’ble Single Judge, we only enlarge the time to file such an appeal, if such an appeal has not been filed so far. Accordingly, the appellant-writ petitioner is granted one week time to file such an appeal. On such appeal being filed by the appellant-writ petitioner, it is desirable that the appellate authority shall dispose of the same expeditiously. The writ appeal is disposed of on the above terms. No costs. __________________________ PINAKI CHANDRA GHOSE, ACJ ______________________ VILAS V. AFZULPURKAR,J 18-7-2012 Note: Furnish c.c. today. b/o
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ appeal is disposed of on the above terms
Which statutory provisions did this judgment involve?
N.T.R. University of Health Sciences Act, 1986 — s. 55.
Which court decided this case, and when?
Andhra Pradesh High Court, on 18 Jul 2012. The bench was PINAKI, VILAS V AFZULPURKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.