IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 235 OF 2025 Writ Appeal under Clause 15 of the Letters Patent Appeal preferred against the order in lA. No. 1 of 2025 in W.P.No. 1484 of 2025 dated 11.02.2025, on the file of the High Court. Between: Dr NTR University of Health Sciences, Rep by its Registrar, Vijayawada Krishna District.-AP. ...APPELLANT/2^° RESPONDENT AND 1. Mugada Jaya Sruthi, D/o Late M.Rama Krishna, Aged 28 years, R/o 45- 46-13/B, Srinivasa Nagar, Akkyyapalem, Visakhapatnam-530016. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Rep by its Secretary, Department of Health, Medical and Family Welfare Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. N.T.R University of Health Sciences, Rep by Vice-Chancellor, Vijayawada, Krishna District-A.P. 4. AP State Dental Counc!l(APSDC), Govt Dental College and Hospital,.. Machavaram, Vijayawada-520004, Andhra Pradesh. 5. AP State Dental Council(APSDC), Rep by its Registrar, Govt Dental College and Hospital, Machavaram, Vijayawada-520004, Andhra Pradesh 6. Anil Neerukonda Institute of Dental Sciences, Rep by its Principal, Sangivalasa, Bheemunipatnam, Visakhapatnam-531162, A.P. 7. Dental Council of India, Rep by its Deputy Secretary, National Dental Commission Building Plot No. 14, Sector-14, R.K.Puram-New Delhi-110 022. ...RESPONDENTS/RESPONDENTS No.1, 3 to 7 lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the interim order dt 11.02.2025 in I.A.No. 1 of 2025 in W.P.No. 1484 of 2025 pending the writ appeal. M® VENKATA SRIDEVI, Standing Counsel For Dr.NTR University of Health Sciences Counsel for Respondent No.1: SRI TAGORE YADAV YARAGORLA Counsel for Respondent No.2: GP FOR MEDICAL, HEALTH & FAMILY WELFARE Counsel for Respondent No.3: — Counsel for the Respondent Nos. 4 to 7: SRI B SRINIVASA RAO (STANDING COUNSEL) The Court made the following: Bench Sr.No:-3 [3446] APHC010119532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 235 of 2025 ...Appellant Dr. NTR University of Health Sciences Vs. ...Respondents Mugada Jaya Sruthi and others ********** Tata Venkata Sridevi, learned Standing Counsel for Dr.NTR University of Health Sciences Sri Tagore Yadav Yaragorla, learned Government Pleader for Medical, Health and Family Welfare. Advocate for Appellant Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 20th March 2025 PC : The present Writ Appeal has been preferred against the order dated 11.02.2025 passed in I.A.No.1 of 2025 in W.P.No.1484 of 2025. By virtue of the order impugned, the learned single Judge had issued directions to the appellant and respondent Nos.2 to 7 herein to accept the fee from the petitioner to enable her to appear in the 2"^^ year examination, which 2. starts in the month of March, 2025. The petitioner is a student undergoing the Under Graduate Bachelor of Dental Surgery (B.D.S.) Course and seeks to appear in the 2 3. nd year examination. 2 The University’s contention is that in terms of the relevant Regulations which are applicable for B.D.S. Students, the petitioner is not eligible inasmuch as she ought to have completed the course within the prescribed 4. time. 5. Reliance is placed on the B.D.S. Regulations, 2007, which governs the admission and examination of students and envisage that the student ought to have cleared the 1®^ year B.D.S. examination within three (3) years from the date of admission. 6. Admittedly, the petitioner was unable to do so. Subsequently, the aforementioned Regulation was amended in the year 2015, which required a candidate to clear the entire course within a period of nine (9) years. Since the petitioner had been admitted in the B.D.S. Course in the year 2015, she was required to complete the course by 2023. However, it appears that there was a clarification issued by the Dental Council of India that insofar as the students who had been admitted to B.D.S. Course prior to 2015, they shall continue to be governed by the Regulations of 2007. Be that as it may, it is the admitted case of the parties before us that the petitioner does not qualify as per the said regulations. Although learned counsel for the petitioner/respondent No.1 herein would urge that the petitioner was unable to clear her 1®‘ year examination on account of some accident, on account of which the petitioner had remained bed ridden from 2015 to 2019, yet, in our opinion, that may not, in itself, be a justification to not 7. apply the Regulations with its full rigor. 3 Be that as it may, the learned single Judge, by virtue of the impugned order, which is a non-speaking order, does not deal with the statutory procedure, much less the Regulations of 2007, and had directed the acceptance of fees from the petitioner with a view to enable her to appear in the 2"^ year examination. 8. In our opinion, the direction runs contrary to the express mandate of the Regulation and therefore, unless and until a challenge is made to the Regulation in vogue, in our opinion, the order cannot be sustained. 9. 10. Be that as it may, we set aside the order impugned and direct the Registry to post W.P.No.1484 of 2025 before the learned single Judge having the Roster on 27.03.2025. We make it clear that it shall be open to the parties to raise all contentions before the learned single Judge, who will deal with the matter un-influenced by the observations made by us. in the meantime pleadings be completed. 11. Accordingly, the Writ Appeal is allowed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Secretary, Department of Health, Medical and Family Welfare Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Vice-Chancellor, N.T.R University of Health Sciences, Vijayawada, Krishna District-A.P. 3. AP State Dental Council(APSDC), Govt Dental College and Hospital, Machavaram, Vijayawada-520004, Andhra Pradesh. 4. The Registrar, AP State Dental Council(APSDC), Govt Dental College and Hospital, Machavaram, Vijayawada-520004, Andhra Pradesh 5. The Principal, Anil Neerukonda Institute of Dental Sciences, Sangivalasa, Bheemunipatnam, Visakhapatnam-531162, A.P. 6. The Deputy Secretary, Dental Council of India, National Dental Commission Building Plot No. 14, Sector-14, R.K.Puram-New Delhi-110 022. 7. One CC to Smt. Tata Venkata Sridevi, Standing Counsel For Dr NTR University of Health Sciences Advocate [OPUC] 8. One CC to Sri Tagore Yadav Yaragorla Advocate [OPUC] 9. One CC to Sri B Srinivasa Rao, Standing Counsel, Advocate [OPUC] 10. Two CCs to GP for Medical, Health & Family Welfare, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF (r I i HIGH COURT DATED:20/03/2025 JUDGMENT 2 6 HAK 2025 * Currenl Seciion , WA.No.235 of 2025 Wlw ALLOWING THE W.A., WITHOUT COSTS