IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4826 of 2008 Between: Ms. Poonam Devi & others. ..... Petitioners AND The Govt., of A.P., Medical & Health Dept., Hyderabad & others. .....Respondents Counsel for the petitioners: Sri G. Srinivas for Sri Andapalli Sanjeev Kumar Counsel for respondents 1-3: AGP for Medical & Health Counsel for respondents 4&5: None The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4826 of 2008 ORDER: At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of the respondents in not transferring the petitioners’ admissions to respondent No.5 college and permitting them to complete their course of study in General Nursing and Midwifery program, as illegal and arbitrary. The petitioners sought for a consequential direction to the respondents to transfer their admissions to respondent No.5 college. In the counter-affidavit filed by the Director of Medical Education, Andhra Pradesh, respondent No.2, it is inter alia stated that on the basis of the complaints of the petitioners, an enquiry was held on 31.10.2007, that the enquiry report revealed that respondent No.4 was following some unethical and illegal practices in collusion with Jagadamba Nursing Institute of Himachal Pradesh and that appropriate action is being initiated against respondent No.4. It is further stated that in order to do justice to the innocent girl students numbering 14 hailing from Himachal Pradesh, who expressed their desire to permit them to join respondent No.5 college, they may be given such permission. It is further stated that on receipt of the enquiry report, a show cause notice was issued to the Principal of respondent No.4 in reply to which an explanation was submitted and that a report was submitted to the State Government and action is awaited. It is further stated that in pursuance of the interim direction granted by this Court, respondent No.3 has been directed to receive the examination applications of the 14 girl students, who are pursuing their second year General Nursing and Midwifery at Visakhapatnam and to issue hall tickets permitting them to appear for the supplementary examinations scheduled to be held in the month of March 2008, that accordingly, they were allowed to appear for the examinations with effect from 27.03.2008 and that they have completed the examinations on 12.04.2008. The petitioners filed WPMP.No.15202 of 2011 for a direction to respondent Nos.1 and 2 to issue internship marks memos and the original diploma certificates to them in General Nursing and Midwifery program forthwith. In the affidavit filed in support of this application, it i s inter alia stated that the petitioners have completed the academic sessions by March 2009 and the internship by 15.11.2009 and that respondent Nos.1 to 3 have issued marks memos to the effect that they have passed the 3 years course, but however, the marks memos for the internship and final original (GNM) diploma certificates are not issued. The facts enumerated above would clearly show that it is on account of the alleged unethical practices of respondent No.4 that the applications of the petitioners for permitting them to appear for the examinations were not forwarded. It has also come out that the petitioners were permitted to join respondent No.5 college, even though no specific orders to that effect were issued by the competent authority. On the strength of the interim order granted by this Court, the petitioners were permitted to appear for the examinations and the counter-affidavit of respondent No.2, referred to above, would reveal that the petitioners have completed their course. The averments contained in the affidavit filed in support of WPMP.No.15202 of 2011 are not controverted. According to the said averments, the petitioners have also completed their internship. In the face of the above undisputed facts, I do not find any justification for respondent Nos.1 to 3 to withhold the marks memos for internship and the final original (GNM) diploma certificates with them. Therefore, the Writ Petition is allowed with the direction to respondent Nos.1 to 3 to forthwith issue the marks memos for the internship and the final original (GNM) diploma certificates to the petitioners. As a sequel to disposal of the Writ Petition in the manner indicated above, WPMP.Nos.6273 of 2008 and 15202 of 2011 are disposed of. ____________________________ C.V.NAGARJUNA REDDY, J Date: 17.06.2011 ES