IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 593 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 30/03/2009 in WP NO : 5750 OF 2009 on the file of the High Court.) Between: 1. Syed Mosin Hussain, S/o. Syed Maqbool Hussain, Deccan College of Engineering and Technology, Dar-us-Salam, Nampally, Hyderabad. 2. Mohd. Mujtaba, S/o. Mohd. Abdul Raoof Deccan College of Engineering and Technology, Dar-us-Salam, Nampally, Hyderabad. ..... APPELLANTS AND 1 The Deccan College of Engineering & Technology Dar-us-Salam, Nampally, Hyderabad, Rep by its Principal. 2 The Osmania University, Rep by its Registrar, Osmania University Campus, Hyderabad. .....RESPONDENTS Counsel for the Appellant: MR.P.V.KRISHNAIAH Counsel for the Respondent No.2: MR.DEEPAK BHATTACHARJEE The Division Bench of this Judgment follows Court made the following : 2nd page THE HON'BLE MRS JUSTICE T.MEENA KUMARI A N D THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 593 of 2009 J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meena Kumari ) The writ appeal is filed against the order dated 30-3- 2009 passed by the learned single Judge in WP.No.5750 of 2009 whereby the learned single Judge admitted the said writ petition but did not grant the relief as sought in WPMP.No. 7512 of 2008 to allow the appellants to attend the classes of second semester of final year B.E., Course and also to direct the second respondent to forthwith announce the results of the appellants pertaining to first semester examination of final year B.E., Course. 2. The main relief sought in the writ petition is to declare the action of the first respondent in not allowing the appellants to attend the classes of second semester of final year B.E., Course and similarly the action of the second respondent in not publishing results of the appellants pertaining to first semester examination of final year B.E., course, as arbitrary, illegal and violating Article 14, 16 and 21 of the Constitution of India and issue consequential directions to direct the first respondent to forthwith allow the appellants to attend the classes of second semester of Final year B.E., Course and also to direct the second respondent to forthwith announce the results of the appellants pertaining to first semester examination of final year B.E., course and to pass such other relief or reliefs as this court may deem fit and proper in the circumstances of the case. 3. The learned counsel for the appellants contended that the learned single Judge ought to have directed the respondents to allow the appellants to attend the classes of II-Semester of Final Year B.E., Course and ought to have announced the results of I- Semester Examination of Final Year B.E., course and also directing to allow the appellants for the examination of Second Semester of Final Year B.E., Course. The learned single Judge erred in not granting the relief sought in the WPMP inasmuch as in the event of not granting interim relief, the writ petition itself will become infructuous and the appellants will loose one year of their precious time. 4. Having heard the learned counsel for the appellants and as well as the learned standing counsel for the second respondent, the relief sought in the WPMP and the main writ petition is almost one and the same and the learned single Judge has rightly refused to grant the relief sought in the WPMP. In our considered opinion, the present writ appeal is not maintainable and the same is liable to be dismissed. 5. In the result, the writ appeal is accordingly dismissed. No costs. _____________________ JUSTICE T.MEENA KUMARI __________________________ JUSTICE VILAS V. AFZULPURKAR 29-4-2009. I s L