IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14617 of 2009 Between: Y. Ramya Latha, W/o. P. Rajsekhar, R/o. 102, H.No. 30-265/20-13, Venkateshwara Nagar Colony, Sainathapuram, Hyderabad. ... PETITIONER AND 1 The Registrar, N.T.R. Health University, Vijaywada. 2 The Principal, Medwin College of Nursing, Nampally, Hyderabad. ....RESPONDENTS 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 issue a Writ or order more particularly one in the nature of Writ of Mandamus directing the respondent NO.1 to consider the petitioner's application form and permit her to appear for the entract exam scheduled on 02-8-2009 to be conducted by the 1st respondent for the M.Sc. Nursing Course 2009-10 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.N.RAMACHANDRA RAO Counsel for the Respondent No.1: MR.D.V.NAGARJUNA BABU The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14617 of 2009 ORDER: The petitioner herein had earlier filed W.P.No.28171 of 2008 seeking a declaration that the action of the respondent No.2 herein in not returning the Original Certificates in spite of the fact that she had already completed her B.Sc (Nursing) course, as arbitrary and illegal. In the said writ petition, a detailed counter affidavit was filed on behalf of the second respondent herein stating that as per the undertaking given by the petitioner at the time of her admission into B.Sc (Nursing) course as well as the bond executed by her, she was bound to do internship for one year on successful completion of the course and thereafter, she was also required to work for 2nd Respondent Hospitals for one year after internship, failing which, she was liable to pay a sum of Rs.75,000/- towards the expenses met on her during her studies. It was contended on behalf of the 2nd respondent that since the petitioner failed to comply with the above said undertaking, the original certificates were not returned to her. While Writ Petition No.28171 of 2008 is still pending, the petitioner filed the present writ petition seeking a direction to the 1st respondent-N.T.R Health University to allow her to appear for entrance exam for M.Sc (Nursing Course), 2009-10 without insisting on production of certificates relating to her B.Sc (Nursing), internship and etcetera. As noticed above, the question whether the petitioner is entitled for return of the original certificates notwithstanding the undertaking/bond executed by her at the time of admission into B.Sc (Nursing) is the subject matter of W.P.No.28171 of 2008 which is still pending. Unless the said question is decided, the petitioner cannot be held to be eligible to appear for the M.Sc (Nursing) entrance examination. Hence, the relief as prayed for cannot be granted. The writ petition is accordingly dismissed. No costs. _____________ G.ROHINI, J 22nd July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14617 of 2009 DATED : 22-07-2009