APHC010556492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 28954 of 2025 Bench Sr.No:-31 [3552] Kontrapakam Hitesh ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner : Mr. K V Raghu Veer Advocate(s) for Respondent(s): GP for Medical, Health & FW for R.1 Mrs. Tata Venkata Sridevi [Standing Counsel for Dr.NTR University of Health Sciences] for R.2 Mr. G Ramesh Babu for R.3 CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 18th November, 2025 Per Dhiraj Singh Thakur, CJ (Oral): The issue in the present petition pertains to the eligibility of the petitioner to seek readmission in the P.G Course – MS ENT (PG Oto-Rhino- Laryngology) to which he was admitted in the year 2018-19. 2. The petitioner claims that he joined the course on 25.06.2018. Thereafter, it is stated that there was a break in his study on account of his father’s illness. 2 HCJ & CGR, J WP_28954_2025 The break in study, according to the certificate dated 23.05.2025 issued by the Principal, Narayana Medical College, Chinthareddypalem, Nellore, was from 31.01.2019 to 25.02.2025. 3. The petitioner’s case is that he is entitled to seek readmission inasmuch as according to the University Regulations and in particular Regulation 4(iv), if a candidate has a break of study for more than three months and above but less than twice the years of the course, he would be entitled for readmission by remitting the stipulated fee for condonation of break of study to the Registrar of the University through the Dean/Principal of the concerned college for issue of necessary permission to attend the course. 4. In the instant case, the petitioner claims that after remaining absent from 31.01.2019 to 25.02.2019, he had rejoined the course in March, 2019 and had continued to attend the course from March, 2019 to April, 2020 and thereafter had remained absent till April, 2025. 5. While the certificate issued by the Principal of Narayana Medical College, dated 23.05.2025, reflects that the petitioner had remained absent from 31.01.2019 to 25.02.2025, the petitioner claimed otherwise. 6. If the break in study was to be taken from the date of first discontinuance i.e., 31.01.2019, the case of the University is that the petitioner would not be eligible as the break would be more than 6 years and would 3 HCJ & CGR, J WP_28954_2025 squarely be hit by the provisions of Regulation 4(iv) of the University Regulations and the petitioner would thus be ineligible. 7. The case of the petitioner, on the other hand, is that Regulation 4(iv) has to be applied independently and that the break in service ought not to be calculated from the date of first discontinuance i.e., from 31.01.2019 and that the discontinuance ought to be calculated from the second spell of discontinuance i.e., April, 2020 which would thus make the petitioner eligible for seeking condonation of the break of study in terms of Regulation 4(iv) of the University Regulations. 8. With a view to get some clarity on the issue as to whether the petitioner had rejoined the course in the month of March, 2019 or not, we required the Dean of Narayana Medical College concerned to state the facts in that regard. 9. Pursuant to our directions, dated 05.11.2025, the Dean of the Narayana Medical College concerned has filed an affidavit which is supported by material on record which includes the communications addressed between the petitioner and the college, a perusal whereof make it clear that while an application dated 25.02.2025 was filed by the petitioner before the Registrar of Dr. NTR University of Health Sciences along with the annexures and while the covering letter did not specify the details, yet, the annexures annexed with the covering letter supra reflected not only the date of joining i.e., 25.06.2018 4 HCJ & CGR, J WP_28954_2025 but even the duration of the break of study was reflected as 31.01.2019 to 25.02.2025. The reason for the break in study was clearly mentioned as father’s illness. This piece of information has been recorded in Annexure VI to the application filed by the petitioner. 10. From the record, it appears that on the same day i.e., 25.02.2025 a communication was addressed to the Professor & Head of Department of ENT by the Principal and Dean of Narayana Medical College requiring the remarks of the Professor & Head of Department regarding the attendance during the period of the course from 2018-19, 2019-20 and 2020-21 with a view to enable the office of the Principal to take a call on the representation of the petitioner. 11. In response to the letter of the Principal, the Professor & Head of Department vide communication, dated 25.02.2025 reflected that the petitioner had remained absent from 31.01.2019 onwards. 12. If this be the position, then clearly the petitioner would not be eligible to be considered for readmission in the course to which the petitioner had earlier been admitted. 5 HCJ & CGR, J WP_28954_2025 However, one important fact which is admitted by counsel for both the parties is that the Narayana Medical College had remained shut for a period of 20 months on account of Covid from April, 2020 to December, 2021. During this period, no academic curriculum was at all undertaken in the college and if this period is taken out from the period otherwise envisaged by the University Regulations, then perhaps a different view could be taken. 13. We are of the opinion that this is an issue which the University needs to consider sympathetically both on account of the fact that the college had remained shut for a period of more than one and a half years which could never have been envisaged by the University Regulations to be also included in the period fixed by the said Regulations for prescribing the conditions of eligibility for readmission in a particular course. 14. We, therefore, direct the University to consider this issue and pass appropriate speaking orders within a period of three weeks from today. In case the University finds that the Regulations are framed in accordance with the NMC Regulations which govern the issue of readmission, then the matter be also referred to the NMC for an appropriate decision in that regard. The NMC would also then consider and take an appropriate decision within a period of three weeks thereafter. 6 HCJ & CGR, J WP_28954_2025 15. For purposes of compliance of this order, we incorporate ‘National Medical Commission represented by its Secretary, Pocket 14, Sector 8, Dwaraka Phase1, New Delhi – 110077’, as a party respondent in the present petition who shall figure as respondent No.4. 16. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ CHALLA GUNARANJAN, J Vjl