IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 1520 of 2005 BETWEEN: 1 Syed Sameera Arif, D/o. Syed Arifuddin, Government Zizamiya Tibbi College (Medical college), Hyderabad. 2 Ummesalma, D/o. Mohd Waheed Gowril, Government Zizamiya Tibbi College (Medical college), Hyderabad. 3 Azra Tabbasum, D/o. M.A. Siddiqui, Government Zizamiya Tibbi College (Medical college), Hyderabad. ... PETITIONERS AND 1 The Director, Central Council of Indian, Medicine, Institutional Area, Janakpuri, New Delhi-110 058. 2 The Registrar, N.T.R.UNIVERSITY OF HEALTH SCIENCES, A.P. Vijayawada. 3 The Deputy Registrar, (Examinations) N.T.R., University of Health Sciences, A.P., Vijayawada. 4 The Principal, Government Nizamia Tibbi (Medical) College, Charminar, 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 may be pleased to Issue an appropriate writ, order or direction, in the nature of mandamus declaring the action of the 1st respondent in not passing orders as per the Resolutions of the University dt. 10.1.2005 is wholly illegal, arbitrary, capricious and malafide, and violative of Article 14 of the Constitution of India; and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MRSYED SHAREEF AHMED Counsel for the Respondents: MR.D.V. NAGARJUNA BABU SC NTR HEALTH UNIVERSITY GP FOR MEDICAL EDUCATION The Court made the following: ORDER: Petitioners submit that they were admitted into the fourth respondent college in the BUMS 4 ½ course during the academic year 2000-2001 and as per the marks secured by them, though they are entitled to be declared passed but the respondent university declared them as failed in the professional course examination on the ground that the petitioners could not secure minimum marks prescribed in one subject for the year 2002-2003. 2. As the course period of 4 ½ years is already over and as it is stated that there is no such resolution dated 10.01.2005 as alleged by the petitioners to consider their case, I am of the opinion that no cause of action survives in the writ petition. The writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 24, 2008 DSK