Bolnedy Purna Chandra Rao v. State, Rep. by Principal Secretary, Medical And Health.
2021-07-08
ARUP KUMAR GOSWAMI, NINALA JAYASURYA
body2021
DigiLaw.ai
JUDGMENT (Arup Kumar Goswami, CJ) Heard Mr. Venkateswarlu Kolla, learned counsel for the petitioner. Also heard Mr. Syed Khader Masthan, learned Government Pleader appearing for the respondent No.1, and Mr. G.Vijaya Kumar, learned standing counsel appearing for respondent Nos.2 and 3. 2. The petitioner, who retired from Government service as District Medical Health Officer in 2002, filed this petition in the nature of public interest, seeking a direction to declare the action of the respondents in not permitting the students of 2019-20 batch of I MBBS, who did not pass in the examinations in one or more subjects, to undergo training for II MBBS, as illegal, arbitrary and prays for a direction to the respondents to permit all the students of 2019-20 batch of I MBBS to undergo training for II MBBS and permit them to complete the examinations of I MBBS in the next coming years. 3. The averments made in the writ petition go to show that as per the guidelines issued by the respondent No.2, passing in all subjects of I MBBS is mandatory to undergo training for II MBBS, though there is no such restriction for the subsequent years. It is further pleaded that the students, who could not pass in all subjects are denied permission to undergo training for II MBBS. It is also pleaded that students of I MBBS, who failed in one or more subjects, if not allowed to undergo training for II MBBS, they might end up losing two years. 4. At this juncture, it is pointed out by the learned counsel appearing for the respondents that three individual students had already approached this Court by filing writ petitions, one of them being W.P.No.13085 of 2021. 5. We are of the considered opinion that if aggrieved by any action taken by the respondents in the matter of present nature, it would be for the students themselves to approach this Court and, therefore, we are not inclined to entertain this public interest litigation and, accordingly, without making any observation with regard to the merits of the case, the same is closed and disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.