HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.34711 of 2014 Date:17.11.2014 Between: Battala Sneha, D/o Battala Manohar . Petitioner And:
Osmania University, Hyderabad, reptd by its Registrar and three others.
. Respondents Counsel for the Petitioner: Sri M.Rajender Reddy Counsel for the Respondent: Sri Deepak Bhattacharjee The Court made the following:
ORDER:
This Writ Petition is filed by the petitioner feeling aggrieved by the action of respondent Nos.1 to 3 in not permitting her to appear for the practical examinations of 2nd year B.Tech course.
I have heard Sri M.Rajender Reddy, learned counsel for the petitioner and Sri Deepak Bhattacharjee, learned Standing Counsel for respondent No.1.
Disciplinary action was initiated against the petitioner while she was writing one of the examinations in Ist year B.Tech course, as a result of which, an order was passed on 13.08.2014 by respondent No.2 cancelling all the 12 papers she has written and not permitting her to appear for two more examinations. This Court by order, dated 20.10.2014, allowed Writ Petition No.24982 of 2014 by holding the said action of respondent Nos.1 and 2 as illegal and directing the said respondents to evaluate all the 11 papers written by the petitioner.
It is averred in the present Writ Petition that the said order was modified by a Division Bench of this Court by order, dated 13.11.2014, in Writ Appeal No.1390 of 2014, wherein respondent Nos.1 and 2 were directed to reconsider the case of the petitioner after giving her an opportunity of being heard.
In the present Writ Petition, the grievance of the petitioner is that no fresh decision has been taken by respondent Nos.1 and 2 so far, but she is not being permitted to appear for the practical examinations of 2nd year B.Tech course scheduled to be held from 19.11.2014.
In the above factual matrix of the case, I am of the opinion that if the petitioner is not allowed to appear for the practical examinations of 2nd year B.Tech courrse, she may suffer irreversible loss, in the event, respondent Nos.1 and 2 take a decision in her favour in respect of her Ist year examinations. Conversely, if the petitioner is permitted to appear for the practical examinations and in the event of her suffering an adverse order by respondent Nos.1 and 2, she can be denied the benefit of appearing in the said practical examinations. Therefore, I find equities in favour of the petitioner in permitting her to appear for the practical examinations of IInd year B.Tech course, which shall be subject to the decision that may be taken by respondent Nos.1 and 2 and the further orders that may be passed by this Court in future.
The Writ Petition is, accordingly, disposed of.
As a sequel, W.P.M.P.No.43416 of 2014 is disposed of as infructuous.
17th November 2014 DR JUSTICE C.V.NAGARJUNA REDDY