APHC010531302010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7195/2010 Between: 1. M. BALAJI NAIK,, S/O. KOTA NAIK, STUDENT, R/O. SEETHARAMPURAM THANDA BOLLAPALLI MANDAL, VELLATUR POST, GUNTUR DISTRICT. 2. S. SATISH KUMAR,, S/O. SHYAM BABU, STUDENT, R/O. JUPUDI VILLAGE & POST, AMARAVATHI MANDAL, GUNTUR DISTRICT. 3. A. DALI NAIDU,, S/O. BENNAYYA NAIDU, STUDENT, R/O. R. KOTHURU VILLAGE, CHAMMA CHINTHA POST, NATHAVARAM MANDAL, VISAKHAPATNAM - 531 115 4. J. NARAYANA RAO,, S/O. DOTTAYYA, STUDENT, R/O. S.J. PURAM VILLAGE PEDDA KITTELAPADU POST, HIRAMANDALAM MANDAL, SRIKAKULAM DISTRICT. 5. N. SURESH,, S/O. CHINNAVADU, STUDENT, R/O. JALLAPALLI VILLAGE, NARSIPURAM POST, NANDIGAON MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE REGISTRAR DR NTR UNIVERSITY OF HEALTH 2 SCIENCES, VIJAYAWADA, REP BY ITS REGISTRAR 2. CHANDAMAMMA ASSOCIATION AGAINST MENTAL, AND PHYSICAL HANDICAP (CAMP) REGN. NO. 178/1995, REP BY ITS SECRETARY & CORRESPONDENT DR. M. VENKATAPPA REDDY, S/O. DR. VENKATA NARSI REDDY, R/O. GUNTUR, HAVING ITS COLLEGE AT MALLAREDDY NAGAR, GUNTUR. ...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 toissue an appropriate writ order or direction more particularly a writ in the nature of Mandamus declaring the inaction of the 1st respondent in not granting Provisional Affiliation to the 2nd respondent College for the academic year 2008-09 with proper clinical affiliation to enable the petitioners to pursue their studies despite the compliance of all the requisite formalities on the part of the 2nd respondent and despite permitting the petitioners and all other students of the said batch to write the 1st year examinations and declaring the results thereof as being illegal, arbitrary and unjust apart from being violative of the constitutional mandate as to our fundamental right to education aprt from being violative of the principles of natural justice promissorty estoppel and legitimate expectation and consequently direct the 1st respondent to grant provisional affiliation to the 2nd respondent college for the academic year 2008-09 keepting in view the future of the petitioners and other students apart from directing the 1st respondent to promote the petitioners and all other students of 2008-09 batch to the 2nd year B.Sc Nursing to pursue their course without any interruption, treating their admission as regularentitling them for recounting of marks in subjects which they failed and appearing for supplementary examinations of the same, including for the purpose of obtaining the Scholarships basing on their entitlement without reference to the delay in 3 considering the application of the 2nd respondent in provisional Affiliation, and pass IA NO: 1 OF 2010(WPMP 9277 OF 2010 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 direct the 1st respondent to promote the petitioners and all the students of 2008-09 batch to the 2nd year B.Sc (N) to pursue their course without any interruption, treating their admission as regular without reference to the delay in considering the application of the 2nd respondent in provisional Affiliation, apart from permitting those students who have failed certain subjects to have recount and to write supplementary examinations etc., and pass IA NO: 2 OF 2010(WPMP 28315 OF 2010 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 IA NO: 3 OF 2010(WPMP 35183 OF 2010 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 modify the orders passed in WP No. 7195 of 2010, dated 26th day of October, 2010. ORDER: "This petition has been moved by the petitioners seeking directions to the 1st respondent Dr. NTR Universtiy of Health sciences, Vijayawada to declare the results of the petitioners for the 2nd year BSC(Nursing) Examinations. Since the petitioners here in have been granted admission by the 2nd respondent college even before obtaining provisionsal affiliation from the 1st respondent university, the admission of the writ petitioners could not have been approved by the university, on several occasions the College management has been informed to rectify the defects pointe dout by the inspection committee and get the necessary affiliation from the 1st respondent University. 4 But, how ever, the Management of the 2nd respondent college has not bothered to rectify those defects, bu thkept on granting admission to the petitioenrs and other students. Therefore the 2nd respndent is directed to deposit a sum of Rupees One Lakh with the 1st Respondent University within a period of fifteen days from today. Failure of Deposit Rs. One Lakh with the 1st respondent University by the 2nd respondnet here in would be considered for the purpose of preventing it from making furhter admissions in to the said college. The 1st respondent University may receive Rs. one Lakh which is now directed to be deposited by the 2nd respondent College but how ever may not appropriate the same pending furthe rcondieration of the petition Since the balance of convenience lies in favour of the petitoners, the 1st respondent University is directed to announce the results the writ petitioners and based there on permit the writ petitioners to appear for the 2nd year exams being conducted form 2.11.10., and permit the writ petitioners to appear for the 2nd year exams being conducted from 2.11.10 and if the petitioners are failed in the results announced they are permitted to appear for the Supplementary examinations. Call this WPMP after two weeks. And pass IA NO: 1 OF 2015(WPMP 106136 OF 2015 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 Counsel for the Petitioner(S): 1. R N HEMENDRANATH REDDY Counsel for the Respondent(S): 1. GUTTAPALEM VIJAYA KUMAR (SC FOR Dr NTR HEALTH U) The Court made the following: 5 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.7195 OF 2010 O R D E R: The present Writ Petition is filed questioning the inaction of Respondent No.1 in not granting provisional affiliation to Respondent No.2/College for the academic year 2008-2009, to enable the Petitioners to pursue their studies, despite compliance of all requisite formalities on the part of Respondent No.2, as illegal and arbitrary. 2. This Court vide its order dated 27.09.2013, directed the Petitioners to serve notice to the Respondent No.2 and thereby to file proof of service and also permitted the Petitioners to take personal notice to Respondent No.3 by Registered Post with Acknowledgment Due. It was further mentioned that in the event notice is unserved, the Petitioners were permitted to take service through substituted service. A time frame of two (02) months was fixed for serving notice. In default of compliance, the Writ Petition would stand dismissed as against the unserved Respondent. 6 3. As per the office endorsement dated 09.12.2013, the order of this Court was not complied and consequently, the Writ Petition stood dismissed against Respondent No.2 in view of the peremptory order. 4. As the Writ Petition itself is filed for provisional affiliation to Respondent No.2 and the Writ Petition having been dismissed against Respondent No.2 long back, no further relief can be granted in this Writ Petition. Accordingly, the Writ Petition is dismissed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date:13.02.2026 chs 7 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY 95 W.P.No.7195 of 2010 Date: 13.02.2026 chs