IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.779 OF 2014 DATED: 10-06-2014 Between:
Srikanth Raju Saraswati and others … Appellants And Dr. NTR University of Health Sciences represented by its Registrar, Vijayawada and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.779 OF 2014
JUDGMENT: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
In this appeal, the point which is sought to be agitated before us was not the issue before the learned trial Judge. The trial Court held that the expert Committee possesses the expertise, but the learned counsel submits that it is not so actually. We are of the view that this point was not agitated nor was it argued before the trial Judge and was consequently not decided. The appellate Court has nothing to decide.
2. Accordingly, the appeal is dismissed on that ground alone. It would be open to the appellants to approach the Hon’ble trial Court with appropriate application if so advised. If such approach is made, the Hon’ble trial Court will obviously do the needful in accordance with law. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 10-06-2014 Svv