IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE B.CHANDRA KUMAR CONTEMPT CASE No.1094 of 2009 In W.A.656 of 2009 Between: S.Saritha ..... PETITIONER AND Dr.N.T.R.University of Health Sciences, Rep.by its Convener T.Venugopala Rao Vijayawada and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CONTEMPT CASE No.1094 of 2009 In W.A.656 of 2009 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) This contempt case is filed by the petitioner complaining that the respondents-NTR University as well as the Government of Andhra Pradesh willfully violated the orders of this Court dated 13.05.2009 made in W.A.656/2009. The petitioner herein filed W.P.9826/2009 in the first week of May 2009 seeking to declare the action of the respondents herein in admitting the candidates into various P.G.courses of medical who migrated from BC-D to BC-A ignoring the petitioner who originally belongs to BC-A as illegal and contrary to the orders passed in W.P.2122/2009 dated 28.04.2009, and consequently set aside the admissions/allotments made from 25.04.2009 onwards with regard to the candidates who have migrated from BC-D to BC-A and to consider the case of the petitioner for admission into P.G.Course in the subsequent counseling on par with the candidates migrated from BC-D to BC-A. Pending writ petition, petitioner sought for interim direction directing R1-NTR University to keep the admissions/allotments made from 25.04.2009 onwards in respect of the candidates who have migrated from BC-D to BC-A in abeyance till the disposal of the main writ petition. A learned Single Judge of this Court by an order dated 06.05.2009, while adjourning W.P.9826/2009 to 03.06.2009 made the following order in WPMP.12761/2009; “Selection and counseling with respect to the seats may go on. It is open for the petitioner also to participate in further counselings, if any.” As against the said order dated 06.05.2009 made in W.P.M.P.12761/2009 in W.P.9826/2009, petitioner filed W.A.656/2009 before this Court. In the said W.A.656/2009, we have passed the following order on 13.05.2009; “The appellant is the writ petitioner. The appellant questions the action of the respondents in admitting the candidates into various postgraduate courses of Medical who migrated from BC- D Group to BC-A Group pursuant to the orders of the Government in G.O.Ms.No.15, Backward Classes Welfare (C2) Department, dated 19.02.2009. The Government issued the aforesaid G.O. deleting the entry Mudiraj/Mutrasi/Tenugollu at Sl.No.19 under Group-D and adding at Sl.No.1 under Group-A along with the existing list of backward classes. Questioning the said G.O., W.P.No.2122 of 2009 was filed and a Division Bench of this Court by order dated 29.04.2009 in WPMP No.4707 of 2009 suspended the implementation of the said G.O. Thus, it is the case of the petitioner that in view of the suspension of the aforesaid G.O. the candidates of BC-D Group who were added as BC-A Group are not entitled to be considered for admission under BC-A Group. In view of suspension of the aforesaid G.O., we direct the respondents not to entertain any admissions pursuant to the said G.O. Post the writ petition as well as this appeal along with W.P.No.2122 of 2009 before the appropriate Division Bench.” It is stated that the said writ appeal was finally disposed of on 18.01.2010 as infructuous, on the representations made by both the learned counsel stating that the writ petition questioning G.O.Ms.No.15 dated 19.02.2009 i.e. W.P.2122/2009 and batch was allowed by judgment dated 03.11.2009, and therefore, as the Division Bench already allowed W.P.2122/2009 & batch, setting aside the aforesaid G.O, no further orders need be passed in W.A. But the learned counsel for the petitioner herein complained that the interim order of this Court has not been given effect to. The learned counsel for the 1st respondent submits that the interim order has been complied with and has accordingly worked out. As the contempt case filed for non-compliance of the interim order made in W.A. is pending, a Division Bench of this Court disposed of the W.A. without prejudice to the right of the petitioner herein to pursue this contempt case. The learned counsel for the petitioner submits that the petitioner herein belongs to BC-A group and she passed MBBS Course in 2006 and as she desires to pursue higher medical course, she appeared the entrance test for P.G.Courses in Medical Education conducted by the 1st respondent and secured 466th rank. It is further stated that as the Mudiraj caste at Sl.No.19 under BC Group-D was erroneously added at Sl.No.1 under BC Group-A, and as her chances of getting a seat under BC-A quota in a Government college has been affected, and as the said G.O. was already suspended, she filed the aforesaid writ petition to declare the action of the respondents in admitting the candidates in various P.G.Courses who migrated from BC-D to BC-A as illegal. It is stated that the said G.O. was set aside ultimately by a Division Bench of this Court. Though the orders of this Court not to entertain any admissions pursuant to the said G.O. are clear that even if any admissions are made in respect of candidates who migrated from BC-D to BC-A, those admissions are required to be rectified by re-counseling, but no such re-counseling has been taken, therefore, the action of the respondents is willful. On the other hand, the learned counsel for the 1st respondent submits that the first phase of counseling was notified from 24.04.2009 to 30.04.2009 and 944 students were admitted and they were attending the classes w.e.f.02.05.2009. The order of suspension of G.O.No.15 dated 29.04.2009 in W.P.M.P.5707/2009 in W.P.2122/2009 was not received, and the University is not a party to the said writ petition. Immediately after receipt of the order of this Court dated 13.05.2009 in W.A.656/2009 on 14.05.2009, directing the University not to entertain any admissions pursuant to the aforesaid G.O.No.15, in the second phase of counseling, the University has implemented the said orders of this Court and no admissions were entertained based on G.O.No.15 dated 19.02.2009. The learned counsel for the 1st respondent submits that admittedly the petitioner got 466th rank under BC-A quota, and in the first phase counseling, she was allotted seat in P.G.Course in the subject of Anaesthesia in a private medical college at Karimnagar. In the second phase counseling, the petitioner was allotted a seat in P.G.Course in the subject of Anaesthesia in Mamatha Medical College, Khammam, which is said to have been better college. It is further stated that even taken into consideration that the first phase counseling is contrary to the aforesaid G.O, it is stated that no candidates having lower rank than the petitioner was given a seat in any Government Medical College. The learned counsel for the petitioner submits that one Kalyani who is a less meritorious candidate than the petitioner was given seat in Government Medical College. The records produced by the 1st respondent reveal that the said Kalyani has got 125th rank, whereas the petitioner has got 466th rank in the entrance test. Therefore, in the second phase counseling the said Kalyani was allotted a seat in the subject of General Medicine in a Government Medical College at Kurnool. The petitioner is unable to place any material before this Court to show that any candidate having rank lower than the petitioner was given seat in a Government Medical College. We do not see any willful disobedience or violation of the orders of this Court on the part of the respondents. The Contempt Case is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J _____________________ B.CHANDRA KUMAR,J Dated: 11.07.2011 Dsr