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High Court of Andhra Pradesh · body

2026 DAILYLAW 8419 (AP)

PALISETTY TANMAI v. THE STATE OF ANDHRA PRADESH

WP/8161/2026 · 2026-08-05

Kiranmayee Mandava

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010158942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8161 OF 2026 Between: 1. PALISETTY TANMAI, D/o.P.Ravi Kumar Aged 26 years R/o.D.No.13-39/1, Bazaar Street, Sompet, Srikakulam District Andhra Pradesh 2. .N.Pulakatha, D/o.N.Jagadeesh Kumar Aged 26 years, R/o.D.No.12-808, Krishnanagar, Ongole, Prakasam District Andhra Pradesh 3. S.Vishnu Priya, D/o.S.V.S.Anand Aged 25 years, R/o.D.No.3-7-13/4, Bakar Saheb Pet, Srikakulam Srikakulam District, Andhra Pradesh 4. Didia Navya Sri, D/o.Varaprasad Aged 29 years, R/o.D.No.2-2/1-40 Chalavapeta, War No.2, Narsapuram W.G.District, Andhra Pradesh 5. N.S.V.R. Ganesh Babuji P., S/o p. Mahendra Raja, Aged 25 years, R/o.D.No.9-501/3 4th Lane, Near C.R.Colony Park Purushothapatnam, Chilakaluripet Palnad District, AP 6. Abdul Razaaq,, S/o Imtiaz Ahmad Aged 26 years, R/o 5-123, kakani Park center, Vuyyuru Krishna Dis 7. D.Srividhya,, D/o Vara Prasad, R/o 2-2/1-40,Chalava pet, ward num 2 Narasapuram, Narasapuram, West Godavari dis. ...Petitioners AND 2 1. THE STATE OF ANDHRA PRADESH, Rep.by its Principal Secretary, Medical, Health and Family Welfare Department, A.P. Secretariat, Velagapudi Amaravati, Guntur District 522237. 2. Dr NTR University of Health Sciences, Rep.by its Registrar, Vijayawada NTR District, AP 520001 3. The National Dental Council of India, Rep.by its Secretary AlWANE, Galib Marg, Kotia Road, New Delhi. 110001 ...Respondents 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 to issue a writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondents 1 and 3 in not permitting the petitioners to write final BDS examinations scheduled to be held on 25-03-2026 by denying permission to the petitioners as the same is illegal, arbitrary, unjust and contrary to the Art. 14 of the Constitution of India consequently to direct the respondents to permit the petitioners to writ BDS final examination and pass 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 direct the respondents to permit the petitioners to writ BDS final examination pending disposal of the above writ petition, and pass IA NO: 2 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 direct the respondents to declare the results of the final BDS Examinations of the petitioners conducted as per the Scheduled dt 25.03.2026 as per the interim orders by imposing a condition by this Hon’ble Court in 3 W.P.No.8161/2026 dt.24.03. 2026 to join the internship postings commenced on 27.04.2026 within one month from the date of declaring the results and pass Counsel for the Petitioners: BOKKA SATYANARAYANA KAMLA Counsel for the Respondents: GP FOR MEDICAL HEALTH FW Counsel for the Respondents: SURYA TEJA ANUMOLU Counsel for the Respondents: Tata Venkata Sridevi, Standing Counsel For Dr.NTR University of Health Sciences The Court made the following Order: Heard Sri Bokka Satyanarayana Kamla, learned counsel for the petitioners, learned Assistant Government Pleader for Medical Health FW and Smt. T.V. Sridevi, learned Standing Counsel for the respondent No.2/NTR University appearing for the respondents. 2. The petitioners are pursuing a BDS degree course in different colleges affiliated to the 3rd respondent University, having qualified in the Entrance Examination (NEET UG-2017) in 2017. 3. The grievance of the petitioners in the instant Writ Petition is against the action of the respondents in not allowing the petitioners to appear for the Final BDS examinations scheduled from 25-03-2026. The ground on which the petitioners were not allowed to appear for the examinations is that the petitioners have not completed the course within the stipulated period of eight (08) years as per the BDS Course (7th amendment) Regulations, 2015. 4 4. This Court, on 24-03-2026, by way of an interim measure directed the respondents to allow the petitioners to appear for the examinations scheduled from 25-03-2026.The results of the examinations were kept under abeyance pending further orders. The learned counsel for the petitioners submits that the petitioners have accordingly appeared for the examinations, having regard to the interim orders passed, the results have not been declared and seeks a direction to the respondents to declare the results. 5. The learned counsel for the petitioners further argued that the Supplementary Examinations that were due in October/November 2025 were not conducted as per the Schedule. The same were postponed and were held in March, 2026. Thus, it is argued that the petitioners were not at fault, and if the examinations were conducted in October/November - 2025, the petitioners would have been within the period. In support of his contention, the learned counsel for the petitioners relies on the decision passed by the High Court of Judicature at Bombay in Abhishek Gokul More Vs. The Controller of Examination & others1, wherein it was held as under: “5. In light of above, Respondents may not withhold the result of the Petitioner’s examination only on the ground that the Petitioner has not completed the course in 9 years. In case the Petitioner is otherwise eligible then degree of the Petitioner would not be withheld only on the ground that the Petitioner has not complete course in 9 years.” 1 High Court of Judicature at Bombay in Writ Petition (ST) NO.6899 of 2019, dated 04-10-2022 5 6. The learned counsel for the petitioner further contends that Kaloji Narayana Rao University of Health Sciences, Warangal, State of Telangana, in respect of the similarly situated candidates who have joined in BDS courses in 2017 had allowed them to appear in the examinations that were held in the month of January, 2026 and were declared ‘Passed’ in the said examinations. Thus, it is argued that, as there is no fault on the part of the petitioners, since it is the respondents who have failed to conduct supplementary/regular examinations for the year 2025, the respondents are not justified in withholding the examination results on the specious ground that the petitioners did not pass the examinations within the stipulated period of eight years. 7. The respondents filed counter affidavit stating that the writ petitioners got admission into BDS course for the academic year 2017-18 and admitted into their respective colleges in the months of August and September, 2017. The BDS course is regulated by Dental Council of India and in exercise of its powers conferred under Section 20 of Dentists Act, 1948 brought amendment to the principle BDS Course Regulations, 2007 and published revised BDS Course (7th Amendment) Regulations, 2015 and they came into force from 23-05-2015. As per the said revised BDS Course (7th Amendment) Regulations, 2015:- "Any student who does not clear the BDS Course in all the subjects within a period of 9 years, including one year 6 Compulsory Rotatory paid internship from the date of admission shall be discharged from the course". Therefore, in view of revised BDS Course (7th Amendment) Regulations, 2015, the writ petitioners have to complete four years BDS course within 8 years i.e., by August/September, 2025 and have to complete rotatory internship by August/September, 2026. The writ petitioners appeared for 4th year BDS Final exams in the month of April and May, 2025 and they were unsuccessful in completing the four years course within eight years. As the 8 years study period of the writ petitioners is completed by August/September, 2025, the writ petitioners are not eligible to write supplementary examinations held in the month of March, 2026. 8. Smt. T.V. Sridevi, the learned Standing Counsel, in support of her contention places reliance on the Judgment of the Apex Court in the case of Siddaant Mahajan and others Vs. State of Rajasthan and others (Arising out of SLP (Civil ) Nos.14014-14019 of 2023). 9. Considered the submissions. Having regard to the fact that the petitioners have admittedly joined the BDS course in August/September 2017 for the academic year 2017-18. The stipulated eight-year period for course completion, as provided under the BDS Regulations, 2015, would expire by September 2025. The contention of the petitioners is that admittedly during the period of September – 2025 to December – 2025, no examinations, which were supposed to have been conducted in the month of October/November, were conducted. In fact, no further examinations were held in 2025 after the 7 Supplementary Examinations that were held in April/May – 2025, and the next Examination being the current examination(s) of March - 2026. As seen from the pattern of the examination scheduled for the academic Course- BDS, the student was allowed to sit for the Regular and Supplementary examination that were held every year. As far as the subject year 2025 is concerned, the examinations that were supposed to have been conducted in October, 2025 were held only in March, 2026. 10. Therefore, having regard to the above and in the light of the interim order, the petitioners have appeared for the examinations, this Court deems that the ends of justice would be met if the results of the examinations are directed to be published. Having regard to the same, the respondent- University is directed to publish/declare the results of the petitioners within a period of one (01) week from the date of receipt of this Order. 11. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 06-08-2026 MSI 8 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8161 OF 2026 Date: 06-08-2026 MSI