THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33629 of 2014 Between: Polisetty Manasa And Dated 12th November, 2014 …Petitioner Andhra University, rep.by its Registrar, Visakhapatnam and others …Respondents Counsel for the petitioner: Sri Ravi Cheemalapati Counsel for respondent Nos.1 to 3: Dr.P.B.Vijay Kumar The Court made the following:
ORDER:
This writ petition is filed for a mandamus to direct the respondents to forthwith conduct examination in “Basic Electrical and Electronic Engineering” subject of II year B.Tech., (Biotechnology) Course.
This case came up for admission and hearing on 10.11.2014. At the request of the learned Standing Counsel for respondent No.1-University, the case was adjourned to today. Today, at the hearing, the learned counsel representing Sri P.B.Vijay Kumar, learned Standing Counsel for respondent No.1, on instructions, submitted that respondent No.1 has been proposing to hold examination in the above subject on 15.12.2014 and that though time for payment of examination fees has expired, the petitioner can still appear for the exam by paying last minute examination fee and if the petitioner offers such fees, respondent No.1 will permit her to appear for the examination.
Sri Ravi Cheemalapati, learned counsel for the petitioner, while stating that his client will avail the said opportunity, has however, submitted that because of the negligence of respondent Nos.1 to 3, the petitioner has lost two years precious time and that therefore she is entitled to damages.
In my opinion, an action for damages ordinarily lies in the realm of common law remedy and the civil Court is the appropriate forum for such action, as various aspects of facts need to be adjudicated by the civil Court in such action.
In this view of the matter, without rendering any finding on the plea of the petitioner that respondent No.1-University is responsible for loss of two years time for the petitioner, she is permitted to bring in a civil action for recovery of damages, if she is so advised. Respondent Nos.1 to 3 are directed to permit the petitioner to appear for the examination proposed to be conducted on 15.12.2014 by receiving last minute examination fees.
Subject to the above direction and observations, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.42064 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 12th November, 2014
VGB