A. Mohammad Ashik Rehman vs. Union Of INDIA Rep By Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhavan, New D

APHC010297392021 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: 17696/2021 Between: 1. A. MOHAMMAD ASHIK REHMAN, , SIO ABBAS AHMAD MEERAN, AGED ABOUT 24 YEARS, RIO D.NO. 7-26, GST CENTRE, P.V. ROAD, SRIKAIAHASTHI VILLAGE AND POST, CHITTOOR DISTRICT ...PETITIONER AND 1. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW D, REP BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI - 110011 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, H AND FW DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 3. THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH OLD GOVT. GENERAL HOSPITAL, HANUMANPETA, VIJAYAWADA 4. THE MEDICAL COUNCIL OF INDIA, REP. BY ITS SECRETARY POCKET 14, SECTOR B, DWARAKA 2 PHASE -I, NEW DELHI 5. DR NTR UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS VICE CHANCELLOR, NH-16, SERVICE ROAD GUNADALA, VIJAYAWADA, KRISHNA DISTRICT - 520008 6. MOHAMMADIYA EDUCATIONAL SOCIETY, REP. BY ITS PRESIDENT RAMARAJUPALLI POST, PULIVENDULA ROAD, YSR KADAPA DISTRICT 7. FATIMA INSTITUTE OF MEDICAL SCIENCES, BY ITS SECRETARY AND CORRESPONDENT, RAMARAJUPALLY POST, PULIVENDULA ROAD, YSR KADAPA DISTRICT ...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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 7th respondent college in not paying compensation and interest at 24 percent per annum to the Petitioner for the amounts paid by him at the time of admission, in addition to the pending refund of excess collected University fee of Rs.88,500/- and more particularly the refundable caution deposit paid for the hostel accommodation of Rs.1,00,000/- as illegal and arbitrary and consequently direct the 7th respondent college to pay Rs.20,00,000/- (Rupees twenty laksh only) towards compensation and damages and the pending refund of aforesaid differential university fee of Rs.88,500/- and the refundable hostel caution deposit of Rs.1,00,000/- besides interest at 24 percent per annum on the amounts paid by the Petitioner for grave economic loss, loss of time and suffering casused by the 7th respondent college and to pass such IA NO: 1 OF 2021 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 pleased pleased to direct the respondents 4 and 5 not to approve fresh admissions to the 7th respondent college till the claims of the Petitioner are settled pending disposal of the above writ petition and to pass such further or other orders as this Hon'ble court may deem fit and proper in the facts and circumstances of the case. IA NO: 1 OF 2022 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 pleased to vacate the interim order dated 22.03.2022, made in I.A.No.1 of 2021 in W.P.No.17696 of 2021, in the interests of justice and pass IA NO: 2 OF 2022 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 Pleased to permit the petitioner to dispense with filing of the certified copy of the order dt 27-06-2022 passed in the abvoe writ petition no 17696/2021 IA NO: 3 OF 2022 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 Pleased to recall the order dt 27-06-2022 passed in the abvoe writ petition WP. 17696/2021 by permitting the petitioner to proceed with the writ petition on merits Counsel for the Petitioner: 1. M L NEELIMA Counsel for the Respondent(S): 4 1. GUTTAPALEM VIJAYA KUMAR (SC FOR Dr NTR HEALTH U) 2. GP FOR MED HEALTH AND FAMILY WELFARE 3. A RAVINDRA BABU (CENTRAL GOVT COUNSEL) 4. C V R RUDRA PRASAD The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17696 of 2021