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        NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5839-5844  OF 2009 (Arising out of S.L.P. (C) No. 15016-15021 of 2009)

Dr. N.T.R. University of Health Sciences,   through Registrar                                .... Appellant(s)

Versus

P. Amulya & Ors. Etc.                            .... Respondent(s)

O R D E R

P. Sathasivam, J.

1) Leave granted.

2) Being aggrieved by the interim order dated 10.06.2009 in WAMP  

No. 1327 of 2009 in W.A.No. 676 of 2009 and common order dated  

23.06.2009 in WAMP No. 1631 of 2009 in W.A. No. 676 of 2009, WA Nos.  

755, 543, 793 & 794 of 2009 of the High Court of Andhra Pradesh at  

Hyderabad,  Dr. N.T.R. University of Health Sciences (for short “the  

University”) – the appellant herein, filed the above appeals.   

Since these appeals are against the impugned orders passed by the  

High Court in an appeal filed by the University and of the fact that  

the main Writ Petition No. 3749 of 2009 is still pending before the  

High Court, there is no need to traverse all the factual details.  

3) Heard learned counsel for the parties.

4) Learned senior counsel appearing for the appellant-University  

submitted  that  the  University  conducted  the  first  year  MBBS  

examination to the students for the year 2005-06 during the period

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between 05.09.2006 to 10.10.2006 and the results were declared on  

02.12.2006.  Out of 4,076 students who appeared in the examination,  

992 students have failed.  Among the failed students, 436 students  

had applied for re-verification/re-totalling and out of them 294  

students were declared passed.  The University declared the results  

of only those students who had passed all the three subjects in re-

verification/re-totalling  and  has  not  declared  the  subject-wise  

results, since the students who failed in one or two subjects are  

not entitled to be promoted for the second year MBBS Course as per  

the Medical Council of India Regulations.  On receipt of complaints  

about  certain  irregularities  in  the  re-verification/re-totalling  

process, the University had cancelled the results.  The students  

filed a batch of writ petitions before the High Court challenging  

the  action  of  the  University  and  the  same  were  allowed  by  the  

learned Single Judge.  Questioning the same, the University filed  

writ appeals and a Division Bench of the High Court, vide judgment  

dated  20.07.2007,  set  aside  the  judgment  of  the  learned  Single  

Judge.  Aggrieved by the same, the students filed special leave  

petitions  before  this  Court  and  by  order  dated  13.08.2007,  this  

Court directed the University to permit the students to continue  

their studies on the basis of interim order passed by the High Court  

on 13.04.2007.  Accordingly, the University permitted those students  

to attend the second year classes and also to appear for the second  

year MBBS course examination held in October, 2008.  On 22.10.2008,  

this  Court  in  Sahiti  and  Others  vs.  The  Chancellor,  Dr.  N.T.R.  

University of Health Sciences and others, (2009) 1 SCC 599, after

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recording the statement of the Additional Solicitor General, who  

appeared for the University for conducting supplementary examination  

of  all  the  students  who  have  yet  to  clear  first  year  MBBS  

examination  directed,  inter  alia,  the  University  to  conduct  

supplementary  examination.  Pursuant  to  the  same,  the  University  

conducted special supplementary examination in December, 2008.  The  

results of the special supplementary examination were declared in  

the  month  of  January,  2009.   The  respondents-students  -  (1)  P.  

Amulya (2) Fazam Jahangir (3) Kodali Gopi and (4) T. Venkateswara  

Rao had cleared the first year MBBS examination.  They are eligible  

to be promoted for the second year MBBS only from January, 2009 i.e.  

from the date of declaration of results.  The remaining students (1)  

D. Kaushal (2)Shaik Firoz Basha (3)Reddy Hema Latha (4) Jakeer Shaik  

and (5)N. Sindhura were failed and therefore they are not entitled  

for promotion to second year MBBS course as per the Regulations.  

The University conducted regular supplementary examination of the  

first year MBBS in March, 2009 wherein (1)D. Kaushal (2)Shaik Firoz  

Basha (3)Reddy Hema Latha (4)Jakeer Shaik and (5)N. Sindhura have  

passed the first year MBBS examination.  Thus, according to the  

University,  they  are  eligible  to  appear  for  second  year  MBBS  

examination to be held in September/October, 2010.  

5) The  Division  Bench  of  the  High  Court,  vide  order  dated  

10.06.2009, directed the University to declare the results within a  

week.   Aggrieved  by  the  said  order,  the  University  filed  an  

application seeking modification of the said order contending that  

none of the writ petitioners were permitted to attend the classes

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either by the High Court or by this Court and no one fulfilled the  

criteria laid down in the order dated 10.06.2009 passed in W.A.M.P.  

No.  1237  of  2009.   In  spite  of  the  clarification  sought,  the  

Division Bench, vide order dated 23.06.2009, confirmed the order  

dated 10.06.2009 with slight modification.  Both these orders are  

under  challenge  in  these  appeals.   On  07.07.2009,  upon  being  

mentioned  by  the  University,  this  Court  directed  maintenance  of  

status quo till 17.07.2009.  On 17.07.2009, this Court issued notice  

returnable  on  07.08.2009  and  permitted  the  respondents  to  file  

counter if they so desire and also extended the interim order until  

further orders.  On 17.08.2009, when the matter came up for hearing,  

this Court reserved the orders and in view of urgency in writing  

examination passed a brief order which reads thus:

“Pending orders, the students who have submitted their applications  

for taking supplementary examination may be allowed to participate  

in the examination, provided if they are otherwise eligible.”

6) As said earlier, aggrieved by the various interim orders of  

Single Judge/Division Bench of the High Court, the University has  

approached this Court.  It is relevant to point out that on earlier  

occasion, this Court in Sahiti (supra), while disposing the same,  

issued certain directions which reads thus:-

43.  Mr  Gopal  Subramanium,  learned  Additional  Solicitor  General  

appearing  for  the  respondents,  has  stated  at  the  Bar  that  the  

University  is  inclined  to  hold  supplementary  examination  of  the  

students, who have yet to clear the first year MBBS examination.

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Therefore,  Dr.  N.T.R.  University  of  Health  Sciences  is  hereby  

directed to hold supplementary examination of all students who have  

yet  not  cleared  the  examination  of  first  year  MBBS  held  in  

September/October 2006.

44. Pursuant to the interim orders, 294 students were permitted to  

prosecute  studies  in  second  year  MBBS.  If  any  student/students  

fails/fail  in  supplementary  examination  of  first  year  MBBS  

examination,  the  declaration  of  the  results  of  such  

candidate/candidates who appear for second year MBBS be withheld or  

their further course of study be decided based on the Rules and  

Regulations of the University applicable to such students. It is  

clarified  that  the  abovementioned  direction  would  apply  only  to  

those students who had appeared and failed in the first year MBBS  

examination held between 5-9-2006 and 10-10-2006.

45. Subject to the direction given above, this Court finds that no  

ground is made out by the appellants to interfere with the ultimate  

conclusion reached by the Division Bench and, therefore, the appeals  

are disposed of accordingly. There shall be no order as to costs.”

7) The controversy according to the University is that this Court  

has directed it to conduct supplementary examination only to those  

students who have not cleared the first year MBBS examination held  

between 05.09.2006 and 10.10.2006.  In other words, according to the  

University, only 294 students were eligible to pursue second year  

MBBS  examination.   This  was  not  acceptable  by  the  respondents-

students.  It  was  pointed  out  that  by  virtue  of  various  interim

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directions, these students were also permitted to pursue the second  

year  MBBS  examination.   It  is  also  the  definite  case  of  the  

respondents-students that all of them had completed 18 months course  

and  this  Court  upheld  the  cancellation  of  re-verification/re-

totalling and they were also permitted to write the examinations.  

In view of the same, it is the claim of the respondents-students  

that the stand of the University that these students stand on a  

different  footing  from  others  is  a  misconception  and  such  claim  

cannot be countenanced.  The Division Bench, while accepting their  

stand, also relied on para 44 of the judgment of this Court in  

Sahiti (supra), which, according to it, applicable to those students  

who appeared and failed in the first year MBBS examination held  

between  05.09.2006  and  10.10.2006.   In  those  circumstances,  the  

Division Bench issued direction to the University to declare the  

results of all those students who appeared and failed in the first  

year MBBS examination held between 05.09.2006 and 10.10.2006 who  

cleared/passed all the three subjects of first year MBBS by January,  

2009 who were permitted to pursue second year MBBS course under the  

interim orders.  When the University again moved before the very  

same Bench for modification, it reiterated its earlier decision and  

declined to accept the stand of the University.  Finally, by order  

dated 01.07.2009, in view of the fact that the results have already  

been declared, no further cause of action survives for adjudication  

and closed the main Writ Appeal No. 676 of 2009.   

8) Inasmuch  as  under  the  interim  orders  passed  by  the  Single  

Judge/Division  Bench  of  the  High  Court,  the  respondents-students

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were  permitted  to  pursue  their  studies/write  examination,  and  

results were also ordered to be declared and also order of this  

Court dated 17.08.2009 permitting eligible students to participate  

in the ensuing examination and of the fact that main W.A. No. 676 of  

2009 filed against interim orders itself has been closed by the  

Division Bench of the High Court, we are of the view that no further  

order is required except directing the disposal of the main writ  

petition i.e. WP No. 3749 of 2009 pending before the High Court.  

Accordingly,  we  request  the  High  Court  to  dispose  of  the  writ  

petition preferably within a period of three months.  We make it  

clear that we have not expressed anything on the merits of the case  

raised by both parties.  Subject to the above direction, all the  

appeals are disposed of.  No costs.  

.….…….……………………CJI.                                                 (K.G. BALAKRISHNAN)

.…………………………………J.                    (P. SATHASIVAM)  

NEW DELHI; AUGUST 28, 2009.