IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1389 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 11/04/2008 in WP NO : 20067 OF 2006 on the file of the High Court.) Between: 1 Dr.N.T.R.University of Health & Sciences,rep.by its Registrar, Vijayawada,Krishna District 2 The Andhra Pradesh Sainik Welfare Board rep by Director, Gruhakalpa Complex, MJ Road, Hyderabad 3 NTR University of Health Sciences, Vijayawada, Krishna District 4 S.V.S. Dental College, Mahaboobnagar Mahaoobnagr District ..... APPELLANT AND 1 Ms. Neha Yadav D/o Tapraj Singh Yadav R/o Plot No. 35, Maa Santhoshi Colony, Butlonguda, Bollaram, secunderabad 2 The STate of Andhra Pradesh,rep.by its Principal Secretary, Health & Medical & Family Welfare Department, Secretariat,Hyderabad 3 The Andhra Bank Sainik Welfare Board, rep.by its Director, Gruhakalpa Complex,M.J.Road, Hyderabad 4 S.V.S.Dental college,Mahaboobnagar Mahaboobnagar District .....RESPONDENTS Counsel for the Appellant:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1390 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 11/04/2008 in WP NO : 20067 OF 2006 on the file of the High Court.) Between: Dr. N.T.R. University of Health & Sciences, Rep by its Registrar, Vijayawada, Krishna District, ..... APPELLANT AND 1 Neha yadav, D/o. Tapraj Singh Yadav, R/o. Plot No.35 Maa Santhoshi Colony, Butlonguda, Bollaram, Secunderabad. 2 The State of Andhra Prdesh, Rep by its Prl.Secretary, health, Medical & Family Welfare Dept., Secretariat, hyderabad. 3 The Andhra Prdesh Sainik Welfare Board, Rep by its Director, Gruhakalpa Complex, M.J.Road, Hyderabad. 4 S.V.S. Dental College, Mahaboobnagar, Mahaboobnagar District. .....RESPONDENTS Counsel for the Appellant:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: MR.G.VIDYA SAGAR The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.A. Nos.1389 & 1390 of 2008 COMMON JUDGMENT: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Since both the writ appeals are connected with each other, they are being disposed of by this common judgment, with the consent of both the learned counsel. The issues involved in both the writ appeals, are as to whether the admission of the writ petitioner into the BDS course is valid or not, and whether the father of the writ petitioner has valid domicile and is a permanent resident of the Andhra Pradesh or not, at the time of his retirement from the Army as entered in the discharge book. The records and other material have to be gone into and examined, which cannot be done at this stage. The writ petitioner by an order dated 09-10-2006 has been prosecuting the BDS course and also in view of the fact that the writ petitioner has been attending the college and has required attendance, we do not feel it expedient to pass any orders, at this stage. However, it is made clear that the admission of the writ petitioner is subject to the outcome of the writ petition. Prima facie, we do not find any irrationality in the order passed by the learned Single Judge, nor it is appropriate for this Court to go into the factual position, coupled with legal position, at this stage. The learned Single Judge, in our considered view, had rightly passed the interim orders. Post the writ petition for final hearing after Pongal Vacation, 2009, subject to part heard. Subject to above direction, the writ appeals are dismissed. There shall be no order as to costs. ----------------------------------- JUSTICE D.S.R.VARMA ----------------------------------- JUSTICE G.CHANDRAIAH Date: 02-12-2008 AVS/LSK