Andhra Pradesh High Court - Amravati
P. Hema Madhuri vs The State Of Andhra Pradesh, on 30 December, 2020
Bench: C.Praveen Kumar, R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) | . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE THIRTY DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 23534 OF 2020 Between: P. Hema Madhuri, D/o.P.Damodaram, Aged about 19 years, R/o.M.S.M Nagar, Puttur, Chittoor Dist, Andhra Pradesh. ...Petitioner AND 4. The State of Andhra Pradesh, Health Medical and Family Welfare Department, A-P. Secretariat, Velagapudi, Guntur District., A.P. Rep. by its Spl. Principal Secretary. 2. Dr.N.T.R University of Health Sciences, Vijaywada, Krishna (Dist) A.P. Rep. by its Registrar. 3. Sports Authority of Andhra Pradesh, Rep. by its Vice- Chairman and Managing Director, IGMC Stadium, M.G. Road, Vijayawada, A.P. 4, Andhra Sailing Association, Rep. by its Secretary, having Reg. Office 219 Surabhi Arcade, Bye-pass Road Tirupathi, Andhra Pradesh E-Mail [email protected] 5. T.S State Sailing Association, Rep. by its Secretary, having Office at No. 103, Royal Nest Apartments, Konda Reddy Street West Maredpally, Secunderabad E- Mail [email protected] 6. National Access Class Association of India, Represented by its Secretary General, having Office At, No.82, 2nd Floor, Road No-7, Jubilee Hills Hyderabad, Telangana-500033 E-Mail [email protected] 7. The Yachting Association of India, Represented by its President, having Office At Room No. 403, IV Floor, Chaitanyapuri, Chaitanyapuri, New Delhi. ..Respondents WHEREAS the Petitioner above named through his/her Advocate M SUPRABATH REDDY presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Order or Direction, declaring the action of Respondents 2 and 3 in sending the petitioner's sports certificates for verification to 7th Respondent instead of 4th, 5th or 6th Respondents, as illegal and arbitrary and consequently direct the 2nd and 3rd Respondents to get the petitioners sports certificates verified/ authenticated by 4th,5th . or 6th Respondents, forthwith assigning priority for the purpose of petitioners admissions under Sports quota in the seats earmarked for unreserved candidates (Non- Local) into MBBS/BDS Courses for the academic year 2020-21] offered by the 2nd Respondent in the interest of justice and to pass | AND WHEREAS the High Court upon perusing the petition and affidavit/memorandum of grounds filed herein and upon hearing the arguments of Sri M SUPRABATH REDDY Advocate for the Petitioner and of GP for Health Medical and Family Welfare Department for Respondent No.1, Sri G.Vijaya Kumar, Standing Counsel for Respondent No.2, Sri TGS Srivastava, Standing Counsel for Respondent No.3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: | 1. The Spl. Principal Secretary, State of Andhra Pradesh, Health Medical and Family Welfare Department, AP. Secretariat, Velagapudi, Guntur District., A.P. 2. The Registrar, Dr.N.T.R University of Health Sciences, Vijaywada, Krishna (Dist) AP. 3. Vice- Chairman and Managing Director, Sports Authority of Andhra Pradesh, IGMC Stadium, M.G. Road, Vijayawada, A.P. 4. Secretary, Andhra Sailing Association, Reg.Office 219 Surabhi Arcade, Bye-pass Road Tirupathi, Andhra Pradesh E-Mail [email protected] 5. Secretary, T.S State Sailing Association, having Office at No. 103, Royal Nest Apartments, Konda Reddy Street West Maredpally, Secunderabad E-Mail [email protected] 6. Secretary General, National Access Class Association of India, having Office At, No.82, 2nd Floor, Road No-7, Jubilee Hills Hyderabad, Telangana-500033 E-Mail [email protected] 7. The President, Yachting Association of India, having Office At Room No. 403, IV - Floor, Chaitanyapuri, Chaitanyapuri, New Delhi. are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to issue interim directions to the Respondents No.2 and 3 to get the petitioner sports certificates verified/authenticated by 4th, 5th or 6th Respondent, forthwith assigning priority for the purpose of securing admission by petitioner into MBBS/BDS Courses offered by 2nd Respondent, under Sports quota in MBBS/BDS Courses for the academic year 2020- 21, pending disposal of W P No.23534 of 2020, on the file of the High Court. IA. NO: 2 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.2, to reserve one seat in MBBS course, under Sports quota in the seats earmarked for sports persons in MBBS/BDS Courses for the academic year 2020-21, pending disposal of WP No.23534 of 2020, on the file of the High Court. The Court made the following: ORDER:
"Notice before admission.
Learned counsel for the petitioner is permitted to serve personal notice on the respondents, by registered post acknowledgment due, and file proof of service.
Learned counsel for the petitioner submits that in similar circumstances, this court granted interim order.
Learned standing counsel appearing for the Sports Authority of Andhra Pradesh, on instructions, submits that respondents 5 and 6 are not recognized by the sports authority, and as such, no importance can be given to the certificates obtained by them.
Learned standing counsel appearing for the NTR Health University, would submit that after considering the grievances of the students, the matter was reverted to the Sports Authority of Andhra Pradesh for getting final list and the same is yet to be received.
At this stage, learned counsel, submits that in stead of sending the certificates to the 5 and 6 respondents, the same were sent to the 7 respondent, who refused to give any certificate on the ground that there were no records with regard to the events organized by the st and 6" respondents. Having regard to the disputed questions of facts, more particularly, as to whether 5 and 6 respondent-Associations are recognized associations, the grievance of the petitioners be dealt with by the Sports Authority of Andhra Pradesh, | in accordance with law, after calling for necessary certificates, if any.
Post after four weeks." ~ Sd/- R.Karthikeyan ASSISTANT REGISTRAR ITTRUE COPY// { For ASSISTAN REGISTRAR To,
1. The Spl. Principal Secretary, State of Andhra Pradesh, Health Medical and Family Welfare Department, A.P. Secretariat, Velagapudi, Guntur District., A.P.
2. The Registrar, Dr.N.T.R University of Health Sciences, Vijaywada, Krishna (Dist) AP.
3. Vice- Chairman and Managing Director, Sports Authority of Andhra Pradesh, IGMC Stadium, M.G. Road, Vijayawada, A.P.
4. Secretary, Andhra Sailing Association, Reg.Office 219 Surabhi Arcade, Bye-pass Road Tirupathi, Andhra Pradesh E-Mail [email protected]
5. Secretary, T.S State Sailing Association, having Office at No. 103, Royal Nest Apartments, Konda Reddy Street West Maredpally, Secunderabad E-Mail [email protected]
6. Secretary General, National Access Class Association of India, having Office At, No.82, 2nd Floor, Road No-7, Jubilee Hills Hyderabad, Telangana-500033 E-Mail [email protected]
7. The President, Yachting Association of India, having Office At Room No. 403, IV Floor, Chaitanyapuri, Chaitanyapuri, New Delhi.(by RPAD- along with a copy of petition and Affidavit)
8. One CC to Sri. M Suprabath Reddy, Advocate [OPUC]
9. One CC to Sri G. Vijay Kumar, Standing Counsel [OPUC]
10.One CC to Sri TGS Srivastava, Standing Counsel [OPUC]
41. Two CCs to GP for Health Medical and Family Welfare, High Court of Andhra Pradesh. [OUT]
12. Two spare copies.
MSB HIGH COURT CPKJ & RRRJ DATED:30/12/2020 ORDER POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No.23534 of 2020 INTERIM DIRECTION ie