HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.11287 OF 2014 DATE: 17.07.2014 Between:
P. Gurivi Reddy, Kadapa.
… Petitioner And The NTR University of Health Sciences, Vijayawada, Andhra Pradesh, rep. by its Registrar and another.
… Respondents This Court made the following:
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.11287 OF 2014 O R D E R :
The case of the petitioner is that he is studying Final Year Part II of MBBS Course in the second respondent-college. The second respondent-college issued a circular dated 25.03.2014 suspending the petitioner from attending the classes with effect from 25.03.2014. Aggrieved by the same, the petitioner filed this writ petition.
Counter-affidavit has been filed by the second respondent- college stating that the petitioner admitted into 1st year MBBS course in it in the Year 2005-06; that in the examinations held in September, 2006 for first year, he failed in all the subjects; that in the examinations held in May, 2007 also, he failed in all subjects; that he completed one subject in the examinations held in September, 2007 and completed the other subjects in March, 2008; that he could not complete his second year subjects during September, 2009, however, completed the same in March, 2010 and that he completed his 3rd year subjects during 2010-11, but he could not complete his final year subjects till now. It is also stated that on 09.06.2010, the Inspector of Police, North Zone Team, C.C.S., Hyderabad, addressed a letter to the Director of Medical Education stating that A.1 and A.2 in Crime No.121 of 2010 confessed that A.3, the petitioner herein, who was studying M.B.B.S in the 2nd respondent college, hatched a plan to earn huge amounts by trying to offer malpractice to the students appearing in the EAMCET 2010. Basing on the same, the second respondent-college suspended the petitioner from the college with effect from 14.06.2010 as per the code of conduct and in terms of the undertaking given by him. The petitioner filed W.P.No.18061 of 2010 and this Court vide order dated 26.07.2010 in W.P.M.P.No.22818 of 2010 in W.P.No.18061 of 2010 suspended the proceedings dated 14.06.2010. In spite of obtaining interim order enabling him to attend the college, the petitioner did not evince any interest to prosecute his studies with all seriousness. Though three academic years were lapsed, the petitioner did not finish his final year subjects and he did not bother to complete his medical course. It is further stated that the petitioner again indulged in Hitech Mass copying, and the Central Bureau of Investigation registered a criminal case against him. Therefore, the second respondent-college issued the proceedings dated 11.11.2012 suspending the petitioner and others from the college and expelled them from hostels with immediate effect. Since no charge sheet was filed by CBI within 90 days, the petitioner and others were released on bail. Subsequently, the petitioner made a representation to the second respondent-college to permit him to continue his studies. In view of the seriousness of the matter, the petitioner’s request was rejected vide proceedings dated 08.03.2013. Questioning the said proceedings, the petitioner and another filed W.P.No.13995 of 2013 and this Court by order dated 02.01.2014, disposed of the said writ petition permitting the petitioner to attend the referred classes, by imposing certain conditions. Even thereafter, the petitioner involved in mass copying in the examinations of VRO and VAO. Based on the same, the impugned order has been passed suspending the petitioner from attending the referred classes. Further, it is the case of the second respondent-college that the petitioner is spoiling the college atmosphere and instigating the junior students to join his team for indulging in this type of activities to earn huge monies and therefore, no leniency can be shown to the petitioner.
Learned counsel for the petitioner submits that the petitioner is not permitted to attend referred classes of Final Year MBBS Part II only on the ground that he is involved in criminal cases, that too, basing on the news published in newspapers. He further submits that the petitioner has been released on bail and therefore, he may be permitted to attend the referred classes of Final Year MBBS Part II.
Learned counsel for the second respondent-college vehemently opposed the writ petition stating that no indulgence can be shown on the petitioner since he is involved in three criminal cases and that if he is permitted to attend the referred classes, he will spoil the college atmosphere and instigate the other students to indulge in similar activities.
A perusal of the record discloses that the petitioner is involved in several crimes of similar nature and already this Court has shown indulgence and granted relief to the petitioner twice and again he is involved in this crime. In view of the allegations levelled against the petitioner, and the contention of the second respondent-college that the petitioner is spoiling the atmosphere of the college, this Court is of the view that this is not a fit case where this Court should exercise its extraordinary jurisdiction under Article 226 of the Constitution of India and grant the relief to the petitioner.
The Writ Petition is accordingly dismissed. There shall be no order as to costs.
Consequently, the miscellaneous petitions, if any pending, shall stand closed.
A.RAJASHEKER REDDY, J Date: 17.07.2014 va HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.11287 OF 2014 Date: 17-07-2014 va