B G V GIRIDHAR Vs. RAMAKRISHNA RAO

JUDGEMENT

(1.) All these writ appeals are directed against the same order of the learned single Judge dated 10.7.2002 in WP No.9085 of 2002. WA No.1169 of 2002 is by one Dr. B.G.V. Giridhar, the 3rd respondent in the writ petition; WA No. 1180 of 2002 is by N.T.R. University of Health Sciences, the 2nd respondent in the writ petition; and WA No.1495 of 2002 is by State Government of Andhra Pradesh, the 1st respondent in the writ petition. The 1st respondent in these appeals, namely. Dr. Ch. Ramakrishna Rao filed the above writ petition praying for the following relief:

(2.) It is contended in the writ affidavit that Rule 7(3) of the Andhra Pradesh Regulation of Admission to Super Specialities in the Medical Colleges Rules, 1983 (for shot 'the Rules') is arbitrary, unreasonable and it offends the provisions of Section 3 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (for short 'the Act'). The writ petition was opposed by the appellants herein by filing counter affidavits. On behalf of the respondents, it was contended that the impugned Rule is intra vires the Act and is very much within the power conferred under Section 15 of the Act.

(3.) The learned single Judge on consideration of the rival contentions found the impugned Rule to be contrary to the provisions of Section 3 of the Act. The learned Judge has also opined that in framing the impugned Rule, the State Government acted ultra vires the Act. In the premise of these findings, the learned Judge allowed the writ petition and directed the N.T.R. University to consider and admit the petitioner into DM Course, if he satisfies the other requirements.