HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1358 OF 2014 DATE: 05.11.2014 Between:
Miss. U. Karthika … Appellant And Osmania University, rep., by its Registrar, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1358 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment and order of the learned Single Judge dated 15.10.2014 by which His Lordship with reasons dismissed the writ petition and refused to grant relief as was made in the writ petition.
The appellant before us in the writ petition has prayed for issuance of writ of Mandamus declaring the impugned action of the respondents in detaining the petitioner in BE/B Tech III year to IV year as illegal, arbitrary and unconstitutional and direct the respondents to permit the petitioner to prosecute by permitting her to attend the classes of IV year and consequently direct the respondent to permit the petitioner to appear for main exams and the supplementary exams as well for clearance of backlog subjects in furtherance of their academic carrier.
Learned Single Judge has noted the undisputed fact and also the legal position. After considering the same, His Lordship was pleased to dismiss the writ petition, in our view rightly so, observing that the decision taken by the University authority does not suffer from any illegality or arbitrariness. The University authority has not violated the rules and regulations to deprive the students. Unless the decision taken by the University is patently absurd, irrational and not in accordance with its own regulations, the Court cannot interfere with the said decision. In this case, we do not find which of the rules and regulations the University authority has violated. Rather there is a breach on the part of the appellant.
We therefore dismiss the appeal.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 05.11.2014 ES