THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 126 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 29/01/2008 in WP NO: 20527 OF 2007 on the file of the High Court.) Between: 1. Ms. Thumma Sudeepthi, D/o. T. Ramesh Paramjyothi, Rep. by her Father and Natural Guardian T. Ramesh Paramjyothi, S/o. Subrahmanyam, R/o. H.No. 24-1188-9, R.L. Reddy Nagar, Dargamitta, Nellore. 2. M. Sai Varun, S/o. M.S. Reddy, R/o. H.No. 16/2/109, Pogathota, Nellore. ... APPELLANTS AND 1. K. Bala Pavan Kumar, S/o. K. Venkateswar Shastry, R/o. H.No. 43/209 C, Up Stairs, N.R. Pet, Kurnool. 2. M. Sai Varun, S/o. M.S. Reddy, R/o. H.No. 16/2/109, Pogathota, Nellore. 3. Dr. N.T.T. University of Health Sciences, Rep. by its Vice Chancellor, Vijayawada, Krishna District - 520 008. 4. The Convenor, EAMCET-2007, JNTU, Kukatpally, Hyderabad. 5. The Secretary, Government of Andhra Pradesh, Youth Advancement, Tourism & Culture (Sports) Department, Secretariat, Hyderabad. 6. The Secretary, Sports Authority of A.P., Lal Bahadur Stadium, Basheer Bagh, Hyderabad, Andhra Pradesh. 7. The Throw Ball Federation of India, Rep. by its Secretary, General Plot No. 250/1-10, IIB Corss, 2nd C- main, Heamvathi Road, 1st Phase, Girinagar, Bangalore - 560085. 8. The Secretary, T.S. Prabhu Kumar, A.P. Throw Ball Association, 18-1-130, MF, Road, Hindupur, Ananthapur Districgt 515 201. 9. The A.P. Olympic Association, Rep. by its Secretary, A.P. Olympic Bhavan, L.B. Stadium, Basheer Bagh, Hyderabad. 10. Mr. Mundla Krushi Kumar Reddy, S/o. M. Balanarayana Reddy, R/o. Guntur. 11. Syed Naziz Hussain, S/o. S.M. Hussain, R/o. Kotamitta, Nellore. 12. Syed Hazira , D/o. Syed Vazid Hussain, R/o. Kotamitta, Nellore. 13. Anchal Jaiswal, D/o. Rakesh Jaiswal, R/o. 13-2-660, Premsadan Dhool Pet, Hyderabad - 500 006. 14. Ch. Neelima, D/o. Satyanand, R/o. 9-7-20/12, 15. K. Navya, D/o. K.V.S. N. Raju, R/o. Quarter No. 515-B, Sector-XI, Ukkunagaram, Visakhapatnam -32. 16. Ashish Mohammad Abdul (Transposed as 2nd appellant vide Court Order dt.3.4.2008 in WAMP 763/2008) 17. Medical Council of India, rep. By Secretary,New Delhi (Impleaded as part respondent vide court order dt.28.2.2008 in WAMP 499/2008) 18. Union of India rep. by Secretary, Medical and Health, New Delhi (Impleaded as party respondent vide court order dt.3.4.2008 in WAMP 774/2008). ...RESPONDENTS Counsel for Appellant No.1: MR.ADDEPALLI SURYANARAYANA Counsel for Appellant No.2: MR. V. KARUNA REDDI Counsel for Respondent Nos.1 and 2: MR.P.KESAVA RAO Counsel for respondent No.3: MR. D.V. NAGARJUNA BABU Counsel for respondent No.4: MR. K. RATHANGAPANI REDDY Counsel for respondent No.5: ADVOCATE GENERAL Counsel for respondent No.6: MR. V.CH. NAIDU Counsel for respondent No.7 & 8: MR. VEDULA SRINIVAS Counsel for respondent Nos.9 to 12: NONE APPEARED Counsel for respondent Nos.13 to 15: MR.K.R.K.V. PRASAD Counsel for respondent No.17: MR. S. NIRANJAN REDDY Counsel for respondent No.18: MR.PENJURI VENUGOPAL, STANDING COUNSEL FOR CENTRAL GOVERNMENT The Court made the following: Oral Judgment: (Per Shri Anil R. Dave, Chief Justice) 1. Being aggrieved by an order dated 29.1.2008 passed by the learned Single Judge in WVMP No.3423 of 2007 and WPMP No.26550 of 2007 in Writ Petition No.20527 of 2007 whereby interim order dated 28.09.2007 was made absolute, this appeal has been filed by original respondent No.14 in the writ petition. Subsequently, vide order dated 03.4.2008 passed by this Court in WAMP No.763 of 2008, respondent No.16 in this appeal was permitted to get himself transposed as appellant No.2. 2. The facts giving rise to the present appeal in a nutshell are as under: Respondent Nos.1 and 2, who are the original petitioners, are students aspiring to get admission in MBBS course in sports quota. It is pertinent to note that for admission in MBBS course, 0.25% of seats are reserved for sports persons. According to the petitioners, they are sports persons whereas respondent Nos.8 to 10 were to get admission as sports persons, though they were not qualified for the same, as the certificates produced by them giving details with regard to their sports activities were not genuine. 3. When the afore-stated petition was notified for hearing before the learned Single Judge, on 28.09.2007, the learned Single Judge was pleased to pass the following order: “Pending further orders in this writ petition, the respondents are directed not to fill up seats in the M.B.B.S. course for the academic year 2007-08 pursuant to the EAMCET-2007 under the “Sports quota” on the basis of any recommendations made by the Sports Authority of Andhra Pradesh. Notice.” 4. Being aggrieved by the afore-stated interim order passed by the learned Single Judge, WVMP No.3423 of 2007 and WPMP No.26550 of 2007 in Writ Petition No.20527 of 2007 was filed by the present appellants for getting the same vacated. 5. After hearing the concerned advocates and upon going through the pleadings, the learned Single Judge dismissed the application and thereby confirmed the interim order dated 28.09.2007. 6. Outcome of confirmation of the afore-stated interim order is that for the academic year 2007-2008, no student in the sports quota would get the benefit of having admission in MBBS course on the basis of being a sports person. 7. It is the case of the appellants that the learned Single Judge ought not to have passed an order whereby the respondent authorities were restrained from filling all seats available in “sports quota” especially when the allegation, which has been levelled in the writ petition was with regard to genuineness of the sports certificates being produced by only three persons seeking admission under sports quota in medical faculty. 8. Before we go to the merits of the case, it is pertinent to note that the interim order was passed on 28.09.2007 and the academic term started on 01.10.2007. Interim relief which had been granted on 28.9.2007 was ultimately confirmed on 29.1.2008. 9. By efflux of time and in view of order passed by the Hon’ble Supreme Court in the case of Medical Council of India v. Madhu Singh, it has become impossible for all students desirous of having admission in MBBS course in sports quota because the academic term to medical course started on 01.10.2007. It is pertinent to note that the Hon’ble Supreme Court, in the afore- stated case, has observed that no direction can be given for admission of a student after commencement of academic term. The Hon’ble Supreme Court has further observed in the afore-stated judgment that there is no scope for admitting students mid-session, as that would be against the very spirit of the statutes providing medical education. It has also been said that even if seats are unfilled, that cannot be a ground for making mid-session admissions. 10. Looking to the afore-stated judgment delivered by the Hon’ble Supreme Court, in our opinion, it is not possible for this Court to give any direction either to the University or to the college to give admission to the present appellants or to other similarly situated students, who are prevented from getting admission in sports quota. 11. Looking to the afore-stated circumstances, learned advocate Shri Addepalle Suryanarayana appearing for the appellants has made a submission to the effect that some direction be given to the Medical Council of India or to respondent No. 3 University so that admission can be given to the appellants against the available seats in the next academic term i.e. academic term commencing from 2008-2009. 12. In our opinion, it is not possible to give such a direction because it would alter the available seats in various medical colleges for the academic term 2008-2009. 13. Looking to the afore-stated circumstances, in our opinion, the appeal has become infructuous because of efflux of time and, therefore, at this stage, we do not see any reason to go into the merits of the interim order passed by the learned Single Judge. 14. The appeal is, therefore, dismissed. ANIL R. DAVE, CJ April 11, 2008 R. SUBHASH REDDY, J svs ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {SPJS}