THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1908 of 2010 DATE:03.02.2010 Between: J. Bhaskar .... Petitioner and The Vice-Chancellor, Dr.NTR University of Health Sciences, Vijayawada and others .... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1908 of 2010 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceedings No.321/E1/A/MP/MBBS/2009, dated 03.12.2009, of the 2nd respondent, is illegal and arbitrary, and consequently, to direct the respondents to permit him to appear for final year M.B.B.S. Examination. 2. The facts of the case, in brief, are that while the petitioner was writing final year M.B.B.S. Part-II examination on 12.09.2009, the Examiner found him with some forbidden material and did not allow him to continue the examination. In this regard, a report was sent to Dr. N.T.R. University of Health Sciences, Vijayawada. Pursuant thereto, an enquiry was conducted by the Disciplinary Committee of the said University and the Committee came to the conclusion that the petitioner shall be debarred for a period of two years. Accordingly, the 1st respondent has issued proceedings No.321/E1A/MP/MBBS/2009 dated 03.12.2009 debarring the petitioner for a period of two years. The same is questioned in this writ petition. 3. It is mainly contended by the learned counsel for the petitioner that in cases of similar nature, the 1st respondent had taken a lenient view and imposed penalty of six months, whereas in the present case he imposed penalty of two years. Except this contention, the learned counsel has not stated anything on merits. 4. The learned standing counsel for NTR University of Health Sciences, Vijayawada, has contended that as per Section 55 of the Universities Act 1986, an appeal is provided for against the proceedings impugned in this writ petition, and the petitioner, without exhausting the said remedy of appeal, straight-away approached this Court and filed the present writ petition. 5. Having considered the submissions made by the counsel on either side, this Court is of the view that the petitioner should have approached the appellate authority questioning the impugned proceedings. May be it is true that the 1st respondent imposed lesser punishment of six months in respect of other students. But that fact has to be gone into by the appellate authority, but not by this Court. Hence, the petitioner is hereby directed to approach the appellate authority and file an appeal within a period of one week from today, and on such appeal, the appellate authority shall consider the same and pass appropriate orders, at the earliest, taking into consideration the fact that the petitioner is appearing for final year M.B.B.S. Examination. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 3rd February, 2010 Note: Furnish C.C. by two days. (b/o) cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1908 of 2010 (Disposed of) 3rd February, 2010 Note: Furnish C.C. by two days. (b/o) cbs