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High Court of Andhra Pradesh · body

2026 DAILYLAW 10614 (AP)

Dr.Koram Akansha, v. The State of Andhra Pradesh,

WP/26255/2026 · 2026-09-17

Harinath N

body2026

Judgment text

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1 HN, J W.P.No.26255_2026 APHC010480442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26255/2026 Between: 1. DR.KORAM AKANSHA,, D/O K.VENKATA LAKSHMANA RAO, AGED 26 YEARS, OCC. 3RD YEAR PG STUDENT MD IN ANAESTHESIOLOGY AT ALLURI SITARAMA RAJU ACADEMY OF MEDICAL SCIENCES, ELURU, RIO HOSTEL IN THE COLLEGE, PERMANENT RESIDENT AT HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HEALTH MEDICAL AND FAMILY WELFARE, SECRETARIAT, VELGAPUDI, 2NDBLOCK, TULLURU MANDAL, GUNTUR DISTRICT-522237 2. THE VICE CHANCELOR, DR.N.T.R. UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, ANDHRA PRADESH-520008 3. THE CONTROLLER OF EXAMINATIONS, DR.N.T.R. UNIVERSITY OF HEALTH SCIENCES VIJAYAWADA-520008 4. THE PRINCIPAL, ALLURI SITARAMA RAJU ACADEMY OF MEDICAL SCIENCES, (ASRAM) ELURU, WEST GODAVARI DISTRICT-534005 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto pass order or orders more particularly one in the nature of writ of mandamus under Article 226 of Constitution of India to call for the records of the 3rd respondent dt 01.09.2026 and quash the same as being illegal, arbitrary, unconstitutional, null and void besides violation of the Principals of 2 HN, J W.P.No.26255_2026 Natural Justice, and consequently direct the 3rd respondent to permit the petitioner to write her PG examination Anaesthesia which is going to be held from 22.09.2026 by taking into consideration of the Head of the Department of Anaesthesia 759 days up-to 30-06-2026 ,Which is more than sufficient to met the need of NMC 751 days up to 10-08-2026 by taking the circular issued by the The national Medical Commission vide FNo-N-P016 (11)/2 /2023- PGMEB-NMC dated 10.04.2024 .As otherwise the petitioner will suffer grave and irreparable loss IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the proceedings of 3rd respondent dated 01.09.2026vide Lr. No, 456/E2b/PG/2025/Exams and allow the petitioner to write her Post Graduate examination in Anaesthesia which is going to be held from 22.09.2026 onwards pending disposal of the main writ petition Counsel for the Petitioner: 1. JANDHYALA PARTHASARADHI Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 2. Tata Venkata Sridevi, Standing Counsel For Dr.NTR University of Health Sciences 3 HN, J W.P.No.26255_2026 ORDER: 1. The petitioner has approached this Court aggrieved by the impugned proceedings dated 01.09.2026, whereby the respondent No.3 has informed the petitioner that the petitioner has not secured the requisite 80% of attendance during the study period of the course, as required under the National Medical Commission (NMC)/University, thereby making the petitioner ineligible to appear for the examinations to be held from 22.09.2026. 2. The learned counsel appearing for the petitioner submits that the requisite number of attendance is available and that the same is required to be considered; however, the respondents have not considered the same and the respondent No.3 has issued the impugned proceedings. The learned counsel for the petitioner places reliance on the subject-wise attendance sheet of the petitioner and submits that the same would entitle the petitioner to meet the required criteria insofar as the attendance is concerned for appearing in the ensuing examinations. 3. The learned counsel appearing for respondent No.4 submits that, as on 10.08.2026, the petitioner had 705 days of attendance, falling short by about 46 days. That apart, it is submitted that the students would have to complete 939 days of attendance for being eligible for grant of the PG certificate. It is also submitted by the learned counsel appearing for respondent No.4 that, having failed to meet the attendance criteria, the petitioner cannot be permitted to write the examination, as the same would be contrary to the notification issued by respondent No.2 and also the NMC guidelines. 4 HN, J W.P.No.26255_2026 4. In reply, the learned counsel for the petitioner submits that the petitioner has already paid the requisite fee for the ensuing examinations in the month of September, 2026, and the respondent No.4, having accepted the fee, cannot now deny permission to write the examinations. 5. The learned Standing counsel appearing for respondent No.2 submits that, on receipt of a representation for the petitioner, the attendance credentials were called for by respondent No.4 and, after perusing the same, the respondent No.2 has issued impugned proceedings, which are purely based on the information furnished by respondent No.4. 6. The short point for consideration is whether this Court can interfere in exercise of its writ jurisdiction and permit the petitioner to appear for the examinations which are scheduled to commence from 22.09.2026. On the present facts and circumstances, the issue of determination of attendance is within the exclusive domain of respondent No.4, as it maintains the entire records of the students. When the petitioner is said to have some shortfall insofar as the attendance is concerned, this Court cannot interfere with the impugned proceedings and permit the petitioner to appear for the ensuing examinations. However, considering the submission that the petitioner has paid the fee for the PG examinations, the respondent No.4 is directed to consider the same for the next scheduled examination, for which the petitioner would have to comply with the required attendance for appearing in the examination. 5 HN, J W.P.No.26255_2026 7. With these observations, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 HN, J W.P.No.26255_2026 169 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26255 of 2026 Date: 18.09.2026 NKA