High Court · 2025

Petition Under Section 15r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to .....RESPONDENTS I I I i I suspend the operation of Order in WP No. 9OO of 2024 daled 1011212024 passed by the Hon'ble Justice K. Lakshman during the pendency of appeal. Counsel for Appellant : SRI M.VENKANNA Counsel for Respondent No.1 : SRI R.NAGARJUNA REDDY, AGP FOR MEDICAL HEALTH AND FAMILY WELFARE Counsel for Respondent Nos.2 & 3 : SRI T.SHARATH, SC FOR KALOJI NARAYANA RAO UNIVERS]TY OF HEALTH SCIENCES Counsel for Respondent No.6 : SRI CH.SRIKANTH The Court made the following judgment : - THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J.SREENTVAS RAO WRIT APPEAL No . t448 0F 2024 JUDGMENT: (Per the Hon'ble Si Justtce J. Sreeniuas Rao) This intra court appeal has been filed by the appellant aggrieved by the common order passed by thc learned Single Judge in Writ Petition No.90O of 2024, dated lO. 12.2024 whereunder the writ petition fiIed by respondent No.6 was allowed.

2. Heard Sri M.Venkanna, lcarned counsel lor the appellant, Sri T.Sharath, Iearned Standing Counsel for Kaloj i Narayana Rao Universit5r of Health Sciences for respondent Nos.2 and 3 and Sri R.Nagarjuna Reddy, learned AssistanL Government pleader for Health, Medical and Family Welfare Department for respondent No. 1, on admisiion.

3. Brief facts ofthe case:

3. I Facts giving rise to filing o[ rhis writ appeal briefly stated are that respondent No.6 was admittcd into medical post,graduate Course in Anesthesia for the acade mic year 2O2l-22 at Kakatiya Medical College, MGM Hospital, Warangal/ rcsponde n I No.5 which is afhliated to respondent No.3-Univcrsity and he was suspended by the respondent No.S-College through noLice dated 09.C,6.2023 for a 2 ( period of one year with effect from 04.03.2023 on the p,round that one Dr. Prer:thi committed suicide due to his harassmen'i, for which Crime No.69 of 2023 was registered against him by the Police, Matwada fo: the offences punishable under Sections 306 and 354 of Indian Pena.l Code, 186O and Sections 3(t)(r), 3( 1)(w)(ii), 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention oi Atrocities) Act, 1989. Questioning the said suspension order, respondent No.6 filed W.P.No.15669 ol 2023 and the same was allowed by the learned Single Judge of this Court on ll-O9.2023 setting aside the suspension notice dated ()9.06.2023 issued by the respondent No.5-Co11ege. However, it is c'pen to the respondents therein to initiate fresh action by following principles of natural justice by providing reasonable opportunity to -espondent No.6 and f:llowing the procedural guidelines prescriLred r n the National Medical Commission (Prevention and Prohibition ol Ragging in I\4edical Colleges and Institutions) Regulations,,2O21 lfor short 'the NMC Regulations, 2O2l), the Governing Act rs on date and in particular Regulation No.23. Thereafter, responCenL No.5- College issued notices dated 25.09.2023 and 26.0).2023 to re spondenr No.6 to submit explanation as to why disciplinary action should not be taken against him for the lapses.

3.2 Questioning the said notices, respondent l'1o.6 filed W.P No.2738 I ot 2023 and the learned Single Judge ol this Court 3 passed order on 03.1O.2023 directing respondent No.S College not to take any coercive steps against respondent lio.6 in pursuance of the notices dated 25.09.2023 and 26.09.2023 for a period of two weeks from the date of receipt of a copy of the said order and further directed respondent No.S College to consider the reply dated

29.09.2023 submitted by respondent No.6 and pass appropriate order in accordance with law duly communicating the same to him. On 3O.09.2O23, respondent No.S College issued notice permitting respondent No.6 to join in the college. Accordingly, respondent No.6 joined in the College on O4.1O.2O23. On 16. tO.2O23, respondent No.S College served a notice to the respondent No.6 directing him to tender his answer to set of questions. Respondent No.S College informed respondent No.6 through letter dated O I . I 1 .2023 that the said answers will be placed before ARC. Respondent No.6 through letter dated O2.1L.2023 requested respondenr No.5 College to permit him to take assistance of a lawyer at the time of personal enquiry by the Anti-Ragging Committee (for short ,ARC'). On

06.11 .2023, respondent No.S College informed respondenr No.6 that ARC meeting was hxed on 09.11.2O23 and requested him to attend the meeting.

3.3 It is further averred that respondent No.6 submitted concluding remarks on 10.11.2023 instead of submitting on 09.11.2023, and on 13.17.2023 respondent No.5 Collcge informed 1 _,, 4 that the hRC has submitted its recommendation report and therefore, zr show-cause notice dated 13.11.2023 was issued to respondent No.6. On 13.1I.2023, respondent No.6 has submitted a representatr.on to respondent No.S College to provide a copy of minutes of ARC meeting and the szune was not considered. On

13.1I.2023 respondent No.S College issued two notices informing respondent No.6 that the decision of ARC meeting u'as already informed to him. Questioning the subsequent notice, respondent No.6 filed W.P.No.3191O of 2O23. The learned Single Judge on

20.11.2023 drrected respondent No.6 to submit a detailed explanation in u'riting to respondent No.S College, pursl-tant to the shorv cause notice dated 13. 1 1.2023 within a period of two weeks from the dilte ol receipt of copy of order and resporrdent No.S College shall consider [he same duly taking into consideration the specific observations and the directions of this Court uide order dated 1 L 10.2023 in W.P.No.15669 of 2023 and pass appropriate rcasoned order in accordance with law, within a period o[ four r,r,eeks from thc datc of receipt of explanation from respondent No.6 and till such timc, respondent authorities therein are directed not take any cocr<:ive steps against respondent No.6.

3.4 Pursuilnt to the above said order dated 11. 70.2023 in W.P.No.31() I A ol '2023, respondent No.S College through lettcr dated 19. 12.2023 lurnished the copy of minutes of the AFIC rncetrng 5 to respondent No.6 and directed him Io submit explanation within a period of seven days. Accordingly, respondent No.6 subrrritted explanation on 27.12.2023. Thereafter, respondent No.5 College suspended respondent No.6 from the College through proceedings dated O8.O 1.2O24.

3.5 Questioning . the above said suspension order dated O8.O1.2024, respondent No.6 filed W.p.No.9OO of 2024. In the said writ petition, the learned Single Judge granted interim order on

18.OI.2024 suspending the said order and issued further direction to the respondents therein to permit respondent No.6 herein to attend the College.

3.6 While things stood thus, respondent No.2 University had issued examination Notification dated 29 .1O.2024 proposing to conduct NEET Post-graduation examination. Respondent No.6 has submltted representation dated 13.11.2O24 to respondent No.5 College to furnish attendance certificate. Accordingly, respondent No-S College issued attendance certificate dated lg.l1.2024, wherein it was mentioned ttrat respondent No.6 was altsenL lor 227 days. Questioning the said Certilrcate, respondent No.6 liled W.P-No.32848 of 2024 and the learned Single Judge allowed the above said t\.vo writ petitions on 10.12.2024 by u.a-v of common ordcr and seL aside the suspension order dated Og.0 I .2 O24 and, 6 ( issued dire,:tion that respondent No.S College shall upload the attendance particulars of respondent No.6 pursuant to the Notifrcation dated 29.10.2024 and permit him to appear in the upcoming Medicat Post-graduation (MD/MS) Regular Exa.minations, January, 2025 by marking attendance for the period from 2O.O2.2O23 to 03- 10.2O23. Thus, the appelJ.ant hasr l-rled the present u,rit appeal.

4. Submissions of learned counsel for the appellant:

4.1 Learnr:d counsel for the appellant has subrnitted that the learned Sir-rglc Judge u,ithout properly considering ttre contentions raised b1, the appellant in t.A.No.3 of 2024 and the submissions made by hLnr during the course of hearing, allowed ttre 'r'rit petition and the sarn,: is conLrar)'to lau,.

4.2 He furrher submitted that respondent No.6 involved in a serious crim': of slrspicious death of daughter of the appellant and respondent l{o.6 is not allowed to enjoy the benefit of pursr-ring his post-graduation. LIe further submitted that as per Chapter V, Regulation 5 5 of NMC Rcgulations, 2O23, respondent No.6 is not eligible to appear post-graduate examination, as he is not having 8Oo/o of attcndancc and thc learned Single Judge beyond the Rules and Regula tions had passed thc impugned ordej: and the same is contrary to Ia rr'. 7

5. Analysis:

5.1 Having considered the submissions made by the learned counsel for the appellant and perused the records. Admittedly, respondent No.6 liled W.p.No.9OO of 2024 questioning the suspension order/letter dated O8.O1.2024 issued by respondent No.5 College imposing the punishment of suspension of one year. In the said writ petition, the learned Single Judge granted interim order on lO.Ol.2O24 suspending the said order and directed the respondents therein to permit respondent No.6 to attend the College. While things stood thus, respondent No.2 University had issued e.xamination Notification dated 29. 1O.2024 proposing to conduct post-graduate examinations. pursuant to the said Notiflcation, respondent No.6 submitted representation dated

13.11.2024 to respondent No.5 College to furnish the attendance certiarcate- Accordingly, respondent No.5 College had issued attendance certihcate dated O9.11.2024, wherein it was mentioned that respondent No.6 was absent for 22T d.ays. euestioning the said certificate, respondent No.6 filed W.p.No.3284g of 2024. The Writ Pe Lition Nos.900 and 32848 of 2O2t4 were clubbed together and the lcarned Single Judge allowed the above two writ peritions and set aside the punishment of suspension order against respondent No.6 dated Oa.Ol.2O24 and issr.red direction to respondent No.5 College that ttlp !,ollege shall up-load the attendance particulars o[ 8 a' a' respondent I\io.6 pursuant to the Notification daLed 29 .\0 .2024 artd permit him to appear in the upcoming Medical Post-graduate (MD/MS) Regular Examinations, January, 2025 by marking attendance for the period from 20.O2.2023 to 03.1-O.2023.

6. Admitt,:dly, the appellant filed the present writ appeal against the order passed in W-P.No.9OO of 2024 only and she has not filed any writ appeal against the order passed in W.P.No.32848 of 2024, though the learned Single Judge passed common order and allowed both the writ petitions by way of common order.

7. The contention of the learned counsel for :he appellant that respondent No.6 involved in a serious crime of suspicious death of daughter of the appellant for rt'hich, Crime No.69 of :2023 was registered b5'the Policc, Matu'ada lor the offences punishable under Sections 306 and 354 II']C and Scctions 3(l )(r), 3(l )(w)(ii), :](2)(v) and 3(2)(va) ot the Scheduled Castes and the Schedulr:d Tribes (Prevention of Atrocitics) Act, is not tenable under [arv, on the ground that the learned Single Judge allowed the writ petition by setting aside the punishmcnl of suspension order dated O8.O1.2O24 passed by respondent No.5 College and also allorved W.P No'32848 of 2024, wherein respondent No.6 sought relief directing the respondents therein to allou'him to appear in the upcoming Medical Post-graduate (MD/ MS) tlcqular Examinations, January 2025 vide 9 Exarnination Notificarion dared 29.lO.ZO24 by earmarking attendance between 22.02.2023 to 3. i0.2023. The appellant has not questioned the order/ directions issued by the learned Single Judge in W.P.No.32848 of 2024 and the appellant frled the present writ appeal only against the order passed in w.p.No.9oo of 2024, wherein respondent No.6 questioned the punishment order passed by respondent No.5 College dated 0g.01.2024 suspending him for a period of one year.

8. It is pertinent to lmposlng petitions questioning the mcntion that respondent No.6 filed writ action of respondent No.S in punishment of suspension of order dated 0g.O1.2O24 and dlso attendance certihcate dated 19.11.2O24 issued by respondent No.5 College and sought consequential direction permitting him to appear for Medicat post-graduate (MD/MS) Regular Examinations, January, 202.5 pursuant to rhe Notification dated 29.ro.2024 issued b_v respondenr No.3 University. The learned Single Judge allowed the n.rit pctitions by giving cogent reasons. The appellant has not mentioned any reasons nor raised any ground, by virtue of the order passed by the learned Single Judge, how the rights of the appellant are going to be affected. Insofar as the contention of the learned counsel for the appellant that respondent No.6 is involved in a serious crime o[ suspicious death of the daughter of the appellant is cont:erned, Crime No.69 of 2023 was already registered I I \ l I I l I I I !; 1) 10 against him. Keeping in view the abover-said facts and circumstances, this Court is of the view that in case r(lspondent No.6 is not permitted to attend the said examinations it would not be able to cause irreparable loss to him, inasmuch as, he "l'ill complete his post graduate course. By virtue of attending the examination. the appellant will not cause any Lrreparable injury, and it will not affect the investigation. g. For the foregoing reasons, we do not [rnd any ground to differ with the vievr taken by the Iearned Single Judge.

10. In the result, the Writ Appeal fails and is hereby Cismissed' There shall be no order as to costs. \ Miscellaneous petitions, if any pending, shall stand closed' //TRUE COPY// SD/- M. MANJULA REGISTRAR \j ON OFFICER To

1. Two CCs to GP FOR MEDICAL HEALTH AND FAMII-Y WELFARE' High ' Court toitnl State of Telangana at Hvderab'-q . LQUTI 2. One CC to SRI M.VENKANNA. Advocate tqP-Vij^l 5. o;; CC io Sru CH.SRIKANTH, Advocate (QPU.CJ^. ;' il; dd i; SFii i.sHnnntr' sc FoR KALoJT NARAYANA RAo .' UI.TVTNSITV OF HEALTH SCIENCES (OPUC) 5. Two CD CoPies \ SA crP d4? i.t' ,<'_. \. i1 )r/-., / ,,;,t;' :; i(r t /i: 151 ziii I: ti..-t ..-. \-://:''- '15" \==-:- HIGH COURT DATED:0310112025 JUDGMENT WA.No.1448 of 2024 DISMISSING THE W.A WITHOUT COSTS. \