IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 24709 of 2003 Between: T.Venkata Ramana, s/o T.Mallaiah, r/o Nalgonda Town, Nalgonda District. ..... PETITIONER AND The NTR University of Health Sciences, rep., by its Registrar, Vijayawada. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of mandamus: a) declare the action of the respondent in not admitting the petitioner into M.D.Kaya Chikitsa Course for the academic year 2002-2003 on the ground that the petitioner has not passed the B.A.M.S.Course in ﬁrst attempt as arbitrary, illegal, and violative of Article 14 of Constitution of India; b) declare that the petitioner is fully eligible and qualiﬁed to be admitted in M.D.Kaya Chikitsa Course for the academic year 2002-2003. Further direct the respondent to admit the petitioner into M.D.Kaya Chikitsa Course by duly treating the petitioner to have passed the B.A.M.S., Course in ﬁrst attempt either in the resultant vacancy or by creating a supernumerary seat and pass such other order or orders as are deemed ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.ABHINAND KUMAR SHAVILI Counsel for the Respondent No.: MR.P.L.NARASIMHA RAO The Court made the following : ORDER: The writ petition is ﬁled by the petitioner seeking for issuance of a writ of mandamus declaring the action of the respondent in not admitting the petitioner into M.D.Kaya Chikitsa Course for the academic year 2002- 2003 on the ground that the petitioner has not passed the B.A.M.S.Course in ﬁrst attempt as arbitrary and illegal and to declare that the petitioner is fully eligible and qualiﬁed to be admitted in M.D.Kaya Chikitsa Course for the academic year 2002-2003. Further to direct the respondent to admit the petitioner into M.D.Kaya Chikitsa Course by duly treating the petitioner to have passed the B.A.M.S.Course in ﬁrst attempt either in resultant vacancy or by creating a supernumerary seat. The petitioner also sought for an interim direction in W.P.M.P.No.31121 of 2003 to direct the respondent to admit the petitioner into M.D.Kaya Chikitsa Course by duly treating the petitioner as to have passed the B.A.M.S.course in ﬁrst attempt against the resultant vacancy or by creating a supernumerary seat pending the writ petition. This Court by order dated 25-11-2003 passed the following interim order: “If any vacancy is fell vacant in M.D.Kaya Chikitsa course, the case of the petitioner shall be considered in the resultant vacancy.” Since the matter pertains to the academic nature and the academic year of the petitioner who sought for admission into M.D.Kaya Chikitsa course is 2002-2003, at the relevant point of time, the interim direction that was granted by this Court is in the interest of justice. In view of the same, I do not see any reason that the cause of action would survive. Therefore, making the interim direction to be absolute the writ petition is disposed of in terms of the interim order. No order as to costs. __________________ 16th September, 2008 SKM