"HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE THE HoNoURneLe snrSUSTICE J.SREENIVAS RAo 134181 ...PETITIONER WRIT PE WRIT PETITION NOs:42853 42920 43058 ot 2022 13940 13976 and 14011 of 2023 TITION NO:42853 oF 2022 Between: AND TRR Institute Of Medical Sciences,- Represented by its Dean Dr. p.S. Jevoor TRR Nagar, tnote (V), eatancrreru 1naj, 6i.tt. Sl\",igri*ny, Tetangana _s02319 1' Union of lndia' Throuoh its. secretary, Ministry of Hearth and Famiry werfare, Nirman Bhawan, New\"Delhi- 110OOi' 2' State of reranqana. Throug! its.secretary, Hearth and Famiry werfare BRK Bhawan, Tetanlana Secretiriat Hyd'erauld'_soiirizz 3 National Medicar commission, Through its chairman pocket-.r 4, sector-g, Dwarka Fhase-l New Delhi -.|O Otl- -- Medical fssessment and Ratings._ Board, Through its president, pocket-14, Sector-8, Dwarka phase-t ruew derni-rro'0i;--'\" \"\" Kaloji Narayana Rao University ol^ I^e^alth Sciences, Through its Registrar, Nizampura, Warangal, Telangana 506002 .,.RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ order or direction in the nature of mandamus for the following reliefs. 4 5 2 I to call for the records pertaining to the order passed by the Respondent no.4 Medical Assessment and Ratings Board (IUARB) dated 13.O4.2022 bearing no. NMC/UGR/2020/000326 withdrawing permission from Petitioner for academic session 2021-2022 and declare the same as without jurisdiction, illegal' arbitrary' contrary to the National tvledical Commission Act, 2019 (NMC Act) and violative of Articles 14, 19(1Xg) and 21 of the Constitution of lndia and consequentlY quash the same. Tocallfortherecordspertainingtotheorderpassedbythe Respondent no.3 National Medical Commission (NMC) dated 15.06.2022 bearing No. 21334 Legal/MARB/021439'42 withdrawing permission from Petitioner for academic session 2021-2022 and declare the Same aS without jurisdiction, illegal, arbitrary, contrary to the National lvledical commission Act, 2019 (NMC Act) and violative of Articles 14, r 9(1)(g) and 21 of the Constitution of lndia and consequentlY quash the same. To call for the records pertaining to the second appeal order passed by the Respondent no.1 dated 07'11'2022 bearing noY 1101319012022' ME-l (FTS No.8175852) and declare the same as without jurisdiction' illegal, arbitrary, contrary to the National Medical Commission Acl' 2019 (NMC Act) and violative of Articles 14, 19(1Xg) and 21 of the Constitution of lndia and consequently quash the same' To call for the records pertaining to the order passed by Respondent No.4MedicalAssessmentandRatingsBoardWARB)bearingNo.NMC /UGRENEWALt2o22-23toooT36datedlTtllto22grantingrenewalof permission for admitting the batch of 150 MBBS admissions for academicSeSSion2022-2023anddirecttheRespondentNo.4to extend the permission granted for session 2022-23 to students admitted in session 2021-22. Direct the Respondents that 150 MBBS students admitted in the PetitionerlnStitutioninacademicsession2o2l-2022beshiftedbackto the Petitioner institution and they be permitted to continue and complete their MBBS Course in the Petitioner institution t 3 lA NO: 1 oF 2022 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of the order passed by the Respondent no.1 dated 0711112022 bearing no.V.'1 1013/90t2o22-ME-r (FTS No.8175852) during the pendency of the above writ petition. lA NO: 2 oF 2022 Petition under section 'r 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents not to take any coercive steps against the petitioner insofar as return of fufl fee for students admitted in academic session 2021-2022 are concerned lA NO: 'l OF 2023 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of the retter issued by the Respondent no.5 dated 2010112023 bearing Lr.No.001258/KNRUHS/Admissions/2022 during the pendency of the above writ petition. 4 lA NO: 3 oF 2022 BETWEEN l. K Yasas*,ini D/o K RaghavaRao Aged l8 ycars ()cc: Student Flat No. I 7, Canara Towers Besidc Bcnz Circlc, Vijayawada 2. Marripalanr Archana D/o M Govind Agcd l8 ycars Occ: Srudent IUo llrranranzil, I Iydcrabad i. Maduri Sathvika Chaudra D/o Aged l8 vrs Occ;Srudent r/o l{yderabad 4. Bus Akshaya D/rt Busa Rajendcr Aged l8 years Occ:Student IVo 6-4-5i/a, Ncar Ilanuman Temnlc Rajanna Circilla District 505101 5. Vishnu Priya 6. [. Praisy D/o I- 'ilhal Rao Aged l8 ycars Occ: Student Uo 304, Sai Raghava Torvers Jaibhararh Nagar. Hyderabad 500 065 7. l'hota Sam_vuktha I)/o T Malleshwari Aged I8 ycars Occ:student . Wo l0-l -99/2/2/BLahari Rcsidency 403, Bhagyanagar ()olony, Road No.4 Saroornagar, IiR District 8- Sai Vinectha Bandaru D/o B Balaji Aged l8 ycars Oc(.:srudent Wo 47-013/C Sai (_-olony, Chinrhal tlyderabad 500 03'7 1 2 1 9. S.K. Sony l0.D Adhiti D/o DSRK Swamy Aged I9 years Occ:Student R/oljlat No.I30I. Matrusri Nagar, Miyapur, Hyderabad I I .C Manaswami D/o Murali Krishna Aged 20 years Occ:Student Uo Building No.2, Janapriya West City l 4 ii,-apur. H ydcrabad l2.Krishna Priya Reddy D/o Chandrasekhar Reddy Aged l8 years Occ:Student Wo3-4-512116 Flat No.40l, SST Residency Barkatpura. I lyderabad 500027 ll-Sukhi Janradagni D/o S G Srinivas Aged l8 years Occ: Student R/o Flat No.20l, Ganesh Towers Kacheguda, Hyderabad l4.B.Bhavana D/o B Ramakrishna Aged l9 yrs No 7-3-346 Vijayanagar Colony, By Pass Road Khammam 507 002 l5-Kola Nakshatra D/o K Srinivas Aged l8 years Occ:Student R/o Bornapelli Village, Raikal Mancial Jagitial,505460 I 6.K Divya Sree D/o K Ravi Kumar Aged I8 years Occ: Student R/o Flat No.20l, Vertex, Nizampet Kukatpally, Hyderabad I 7.Ch Ankith Epkain D/o Ch Sudheer Charles Aged l8 years Occ:Student R/o Nava Jeevan Hospital, Sharnshabad Hyderabad 501 2lE l8.Siddam Rishitha D/o. Siddam Srikanth Rao, Aged about l8 Yrs, Occ: Student, fuo. 2-2-186153/5, Flat No. 301, Sulekha Colden Towers, Amberpet, Hyderabad ..PETITIONERS RESPONDENTS i l I { I I I I i ^o \"{. r AND TRR Institutc ol Medical Scienccs Represcnted bf its Dean Dr P. S.Jcvoor'. tllR Nagar Inole Villagc. Patancheru Mandal Sangarcddy tristrict l-S 502 I l9 2. Union ol lndia Rep by its Secretary Ministry olllealLh and l:amrly Welfare Nirman Bhau'an, Nerv Delhi ll0 001 3. State ol l'elan gana Represented by its Principal Secrctary Health & liamiiy Wclfare BRKBhar arr- le lantlrna Sccre(arial Hyderabad 500 022 4. Medical Assessment and Ratings Board (MARB) Under Graduate Scctron Rep by its Prcsidcnt Narional Medicai Commission Pocket- 14. Seclor-[], Dwaraka Phase-l New Dclhi l l0 0l 7 5. National Medical Commission rep by its Chairman Pocket- 14, Sector-S, Dwaraka Phase-l New Dethi I l0 0l 7 6. Kaloji Narayana Rao University of llealth Sciences Rep by its Registrar, NizamPura Warangal, 'l'clangana 506 007 RESPONDEN'I PETITIONI]R RESPONDENTS RESPONDENTS 5 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 preased to implead the petitioners herein as proposed Respondents. lA NO: 2 oF 2023 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to modify the order dated 16-03-2023 in w.p.No. 42853 of 2022 byfurtherdirecting the Respondent No.6 University to instruct the reafiocated coflege to refund from the total fee paid by Petitioners, an arnount equivalent to the fees that wourd be collected/deducted by the writ petitioner towards the tuition fee for the period that they have imparted education to transferred to the reallocated College. the Petitioners herein till they were lA NO: 3 OF 2o2 3 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 preased to have the w.P.No.42853 of 2022 listed under caption FoR BETNG MENTIONED\" for enabling the petitioners herein to seek a modification of the orders dated .16- O3-2O23 and for obtaining necessary orders. Counsel for the Petitioner: SRt AM|T KUMAR, Sr. COUNSEL, REp. FOR SRI D.SRINIVAS PRASAD Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: SRI R.NAGARJUNA REDDY, AGP FOR HEALTH, MEDICAL & FAMILY WELFARE DEPT. counsel for the Respondent No.3 & 4: M/s. GORANTLA sRr RANGA puJrrHA SC FOR NMC & MARD Counsel for the Respondent No.5: SRt A.PRABHAKAR RAO, SC FOR KNRUHS Counsel for the Proposed Respondent: SRI C.NARESH REDDY 6 Between: Mahavirlnstituteoftvledicalsciences,A'nlnstitutionandaTrustconstituted under the aegis of fjii\"\"eii,E\"-fflrf'u\"ii fvfgnprrgt Trust, having its registered office at r o_t _r, ana\"gwlir\"N/l| jnirii Hlirg, A.C. Guard s, Hyderabad-500004 Rep. by its Director Sri Dr' lsari K Ganesh' S/o Late lsari Velan' aged 56 vil[*, i-i:+0, sniurr\"doy e\"i, Vitaraoao, Vikarabad District' Telansana state - 501 102. ...PETITIONER WRIT PETITION NO:42 920 0F 2022 AND 1 Union of lndia, ReP. bY Nirman Bhawan, New D 2 its Secretary, Ministry of Health and Family Welfare' elhi- 110 001 Medical Assessment and Ratings Board' Rep by il;;i;i cb-rmissio\", Pocket-1 4'\"Sector-8, Dwarka P its President, National hase-|, New Delhi - 110 o17. NationalMedicalCommission,Rep.byitsChairman,AdministrativeSection' ij;i;i:i;,'\"s;&\"r.-4, Dra*, Pnasb-l' irlew Delhi - 110 017 ' State of Telangana, Rep. by its Secretary,. Hggltqglrd Family Welfare' BRK Bil;;, retan\"gana Seiretahat, Hyderabad - 50o o22' Kaloii Naravana Rao University of Health Sciences, Rep. by its Registrar' Niza'mpura.Warangal, Telangana 506007 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of certiorari by calling for the records in the second appeal beforeRespondentNo.lpreferredbythePetitionerinstitutionvideimpugned orderNo.11o13l1o2l2o22-ME-l(FTSNo.8183493)datedo711112022and quashing the same as it is discriminatory against the Petitioner institution in view of the order passed in similar circumstances in the case of MNR lvledical college vide Order dt. 07 09.2022 by the Respondent No'2 as arbitrary' illegal' discriminatory, u nco nstitutional and violative of principles of natural justice and violative of Article 14 of the constitution of lndia and consequently to set asicle the impugned order No. 11O1311O212O22-ME-| (FTS No' 8183493) rlated 07.112022 with the direction to the Respondent No' 2 to extend the permission granted vide order dated 14 1 I '2022 for 3 4 5 i) 7 session 2022-23 as wefi to students admitted is in session 2021-22 batch. ii) to issue an appropriate writ, order or direction more particurarry one in the nature of writ of MANDAMUS setting aside the impugned order passed by the Respondent No.2 Medical Assessment and Ratings Board (MARB) dated 17.0i.2022 bearing No. NMC/MC|/ uGl2o20lo18326-36 withdrawing permission from petitioner for academic session 2021-2022 and decrare the same as without jurisdiction, illegal, arbitrary, contrary to the National Medical Commission Act, 2019 (NMC Act) and violative of Articles 1 , fi()@) and 21 of the Constitution of lndia. iii) to set aside the impugned order passed by the Respondent No.3 National Medicar commission (NMC) dated 22.08.2022 bearing No. NMC/DS(NMC)/Appeat/ 2022-422tO31036_42 uphotding MARB decision to withdraw permission from petitioner for academic session 2021-2022 and declare the same as without jurisdiction, illegal, arbitrary, contrary to the National Medical Commission Act, 2019 (NMC Act) and violative of Articres ia, 19(txg) and 21 of the constitution of lndia. iv) to issue an appropriate writ, order or direction more particurarry one in the nature of writ of MANDAMUS setting aside the impugned notification issued by the Respondent No.5 University on 1g.11.2o22 for shifting of pG students of petitioner rnstitution as arbitrary, discriminatory, iflegar, unconstitutionar, viorative of statutory provisions and violative of principles of natural justice. v) To direct the Respondent No.2 and 5 that 150 MBBS students admitted in the Petitioner lnstitution be shifted back to the petitioner institution and the fee returned by the petitioner institution in respect of such students be returned back to the petitioner Institution and they be permitted to continue and complete their MBBSipG Course in the Petitioner institution for academic year 2021_22 batch. 8 IA NO: 1 OF 2022 PetitionunderSectionl5lCPCprayingthatintheCircumstancesstated in the affidavit filed in support of the petition, the High court may be pleased to suspendtheoperationofimpugnedorderNo.llol3llo2l2o22-ltlE-l(FTSNo. 8183493) dated 07.11.2022 passed by Respondent No 1 pending disposal of the writ petition IANO:2OF 2022 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated intheaffldavitfiledinsupportofthepetition,theHighCourtmaybepleasedto suspend the notification issued by the Respondent No'5 University on 18.11.2022 for shifting of PG students of Petitioner lnstitution pending disposal of the writ petition. IA NO: 3 OF 2022 Petition under section 151 CPC praying that in the circumstances stated in the affidavlt filed in support of the petition, the High Court may be pleased to direct the Respondent No.1 to 5 not to take any coercive steps in transferring PG students for the academic yeat 2021-22 from Petitioner lnstitution to other colleges, pending disposal of the writ petition' 9 lA NO: 4 OF 2022 BETWEEN l. B. SrilakhmyManasa, D/o. Sundar Aged 20 years, Occ: I $ year MBBS Student, Reallocated to Karnineni Institute olMedical Science, 2. VamamRashmitha, D/o. Jaipal Reddy, Aged 20 years, Occ: l{ year MBBS Snrdent, Reallocated to Mallarcddy Medical College for Womeo, 3. SirigiriAmulya, D/o. Thirupathi, Aged 20 years, Occ: I't year MBBS Studen! Reallocated to Mallareddy Medicat College for Women, 4. GaddamSathwik, S/o. Srinivas, Aged 20 years, Occ: I.t ycar MBBS Student, Reallocated in Prathima Institutc of Medical Science, Karimanagar, 5. PratyushaPasumarthi, D/o. prasad pasumarthi Aged 20 years, Occ: I't year MBBS Student, Reallocated Mamatha Medicat College, Bachupally, 6. B. Veera Raghava, S/o. B. Veera fhargava, ' Aged 20 years; Occ: l.tyear MBBS Student, Reallocated in Apollo Medical college ofscience and Research 7, BoddupalliAkshitha, D/o. B. Srinivas, Aged 19 years, Occ; I.tMBBS Student, Reallocated to Maltareddy Medical College for Women, 8. Palle. KarithikeyaGiri, S/o. palte. Sriharinath, Aged 20 years, Occ: l.t year MBBS Student, Reallocated to Apollo Medicat College ofscience and Research 9. G. Abhishakth, S/o. G. Krishnaiah, Aged 18 years, Occ: MBBS I't year Studenq Reallocated to Mattareddy Medical College, I }_ t0. Jc:;sica Michael D/o. James Michacl, Ag:d 20 years, Occ: 1\" year MBBS Studcnt, Reallocated to Chelmeda Anand Rao lnstitute of Medical Sciences I l. Sh..,am Deepthi Reddy, d/o. Shyam Kasi reddy. Agcd 20 years, Occ: l't Year MBBS Student, Alloftcd to Mallareddy Mediclt College for Women. 12. JaggariDharini, D/o. J. Sridhar Reddy, Aged 20 ycars, Occ: I't year MBBS Student, Reallocated to Matlareddy Medical College for Women' I 3. Prcm ireddyTejaswini, D/o. P- Srveshwar Rcddl . Aged 20 years, Occ: I't year MBBS Student, Rcallocated Maltareddy Medical College for Women, 14. Sravani, D/o. Venkat Rao, Aged 22 years, Occ: I't year MBBS Student, Reallocated to Matlareddy Medical College lor u'omen 15. Bhiuanam Dharani, D/o. B. Konda Redy, Aged 19 years, Occ: t't years MBBS Student, Reallocated to RVM Institute of Medical Sciences 16. Badavath Tejaswi, S/o. Vasu Aged 19 years, Occ:Studcnt (RVM Collegc) 17. Tangallapally Sri Chandana, D/o. Bhaskara Chari Aged 19 years, Occ:Student (RVM College) 18. Kanugula Akshitha, D/o.Jogaiah, Aged 23 years, Occ:student reallocated to RVM College, 19. Velupuri Lakshmi Apoorva Aged 19 years, Occ:Student (RVM) 20. Y. Mounika D/o. Madhusudhana Chary, Aged 19 yean, Occ:Student (Kamineni) 21. G. Udaya Sri, D/o. G. Srinivas, Aged 20 years, Occ:Student (Kamineni) 22. A. .Anusha, D/o. A. Yadagiri, Aged 22 years, Occ:Student (Kamineni) 23. K. Sai Chandana, D/o. K. BasaPPa Aged 19 years, Occ:Student (Kamineni) 24. D. Suma, D/o. D. Sugunakar, Agcd 2l years, Occ:Student (Kamineni) ii \"t,, ,,:gfi: 2 25. P. Nikhirha D/o. p. Swamy, ) Aged 19 years, Occ:student (Kamineni) 26. Divya Sri Koduri, D/o. Ravinder Babu Aged l9 years, Occ:strldent ( Kamineni) 27 . Adwi Rupa Sri Laxmi, D/o. Aduri Srinivas Rao, Aged l9 years, Occ:Student (Kamineni) 28. Felicia Joy Sagar, s/o. M. Manohar Sagar Aged 2l years, Occ:Studenr (Kamineni) 29. K. Yasaswini Reddy, D/o. Appa Reddy, Aged 19 years, Occ:Str.rdent (Mallareddy college) 30. E. Spoorthi, D/o. Earla Mallikarjun Aged l9 years, Occ:Student (Mallareddy college) 31. M. Nandini, D/o. M. Venkata Ramana, Aged 19 years, Occ:Student (Malla Reddy) 32. V. Vanditha D/o. V, Anil Kumar, Aged 18 years, Occ:Student (prathima college) 33. T. Pujidra D/o. T. Sridevei Aged 19 years, Occ:Student (prathima coltege) l. Mahavir Institute of Medical Sciences An Inslitution and a rust constituted under the aegis Bhagwan Mahavir Memorial Trust, : Having its registered office at # 10-1-l Bhagwaa Mahavir Marg AC Guard, Hyderabad 500 004 rep by its Director Dr lsari K.Ganesh S/olate Isari Velam Aged 56 years R/o # 2-4-40, Shivareddypet Vikarabad, Vikarabad Disrrict TS 501 102 AND 2. Union of India Rep by its Secretary Ministry of Health and Family Welfare Nirman Bhawan, New Delhi I l0 001 3. Medical Assessment and Ratings Board (MARB) Under Graduate Section Rep by its President National Medical Commission Pocket- 14, S€ctor-8, Dwaraka phase-l New Delhi I I0 017 ..PETITIONERS PROPOSED RESPONDENTS ' ' .. RESPONDENT PETITIONER /) l Admrflstratrve Secuon, rep by its uhalrman Pocket- 14, Sector-8, Dwaraka Phase-I Nerv Deihi t l0 017 5. State of Telangana Represented b) its Principal Sccretary Hcalth & Fanrill- Wellare []llK L]h,rvirn. I :langana Secrctariar Ijvdcrahad 500 007 6 Kalo-1i Naralana llao Univcr5ily'ofl{ealth Scicnces Rep b;' its I{cgistrar, Niza.nrpura W-aranqal, l-clansana 506 007 ITESPONI)EN'TS I{ESPONI)I]N'I'S Petit on under Se ction 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to rmplead the petitioners herein as Proposed Respondents. lA NO: 1 OF 2023 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 have the W.P.No.42920 of 2022 listed under caption \"FOR BEING MENTTONED' for enabling the petitioners herein to seek a modification of the orders dated 16- O3-2O23 and for obtaining necessary orders. lA NO: 2 OF 2023 Petition under Ser:tion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to modlfy the order dated \" 6-03-2023 in W.P.No.42920 of 2O22by further directing the Respondent No.6 University to instruct the reallocated College to refund from the total fee paid by Pet tioners, an amount equivalent to lhe fees that would be collected/deducted by the Writ Petitioner towards the tuition fee for the period that they have imparted educatlon to the Petitioners herein till they were transferred to the reallocilted College. Counsel for the Petitioner: SRI Dr. VENKAT REDDY DONTHT REDDY Counsel for the Respondent No.1: B.NARASIMHA SHARMA, ADDL. SOLICITOR GENERAL OF INDIA counser for the Respondent No.2 * ., $f;3RTiil[lfoflso*no puJrrHA, Counsel forthe Respondent No.4; SRI R.NAGARJUNA REDDy, AGP FOR HEALTH, MEDICAL & FAMILY WELFARE DEPT. Counsel for the Respondent No.5: SRI A.PRABHAKAR RAO, SC FOR KNRUHS Counsel for the Proposed Respondent: SRI C.NARESH REDDY lt WRIT PETITION NO:43058 0F 2022 Between: '1. Mr P^iyush Soni, S/o_. Mr. Gowri Shankar Soni, Aged about 19 years, FUo.22- 5-778, Fatauilah Baig, Mir Chowk, Charmin\"ar, HVO\"rrLiJ-'_\"' b[r\"OObz, Telangana. 2. Mr. P. Samuel Raj, S/o. Mr. p. Raj Babu, Aged about 22years,Rto.2_14_171, Beerappaguda, Ufpal, Rangareddy _ SOOOSt, Tetangr*'-- -' 3. Mr Sanket Shetkar, S/o. Mr. Shivakumar Shetkar, Aged about 21 vears. Rt/o. 209, Jamgi Road, Santhpur, Bidar - SBS421 , t