Telangana High Court
WA/254/2009 of Nightingale School of Nursing, Vs Government of Andhra Pradesh, rep. By its Secretary, on 31 December 2021
THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTY FIRST DAY OF DECEIMBER TWO THOUSANO AND TWENTY ONE PRESENT THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE N. TUKARAMJI Writ Appeal under clause 15 of the Letters Patent preferred against the order dated
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE THIRTY FIRST DAY OF DECEIMBERTWO THOUSANO AND TWENTY ONETWO THOUSANO AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMAANDTHE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL NO: 254 OF 2009
Writ Appeal under clause 15 of the Letters Patent preferred against the order dated02-02-2009 in WPMP No. 36853 of 2008 in WP No.27363 of 2008 on the file of the HighCourt.
Between:
Nightingale School of Nursing,, rep. by its Director, Flat No.103, SrinivasaApartments' Humayun Nagar' Hyderabad'
...A,'ELLANT/,ETI,.NER
AND
1 . Government of Andhra Pradesh, rep. By its Secretary,, tr/edical and Health,Family Welfare Department, Secretariat, Hyderabad.Family Welfare Department, Secretariat, Hyderabad.
2. The Director of fi/edical Education, Andhra Pradesh,, Hyderabad.
3. Andhra Pradesh Nurses, Midwives, Auxiliary Nurse,, Midwife and Health [Visitors]Council, rep. by its Registrar, Sultan Bazar, Hyderabad.Council, rep. by its Registrar, Sultan Bazar, Hyderabad.
4. Smt. Dr. K.N. Sudha Ramana,, Director of Medical Education, Andhra Pradesh,Hyderabad.Hyderabad.
5. Mr. Bharat Kumar,, Deputy Director, A.P. Social Welfare, Department, Hyderabad 6, Smt. Saroja, Principal Osmania School of Nursing Hyderabad.
7. Smt. Rekha,, nursing Tutor, C/o. Osmania School of Nursing, Hyderabad.
8. Smt. Sulochana,, nursing Tutor, C/o. Osmania School of Nursing, Hyderabad.L Smt. Prameela,, W/o, govinda Rajulu, Cio. Director of Medical Education, AndhraPradesh, Hyderabad.L Smt. Prameela,, W/o, govinda Rajulu, Cio. Director of Medical Education, AndhraPradesh, Hyderabad.
10.Sri. Govinda Rajulu,, C/o. Directorof lt4edical Education, Andhra Pradesh, Hyderabad.
11. Station House Officer,, Humayun Nagar Police Station, Humayun Nagar,Hyderabad.Hyderabad.
2.S.Gayatri, D/o. S.Venkateswarlu,
3. T..Aparna, D/o. Ratnam4.M.Thippamma, D/o. Balappa5.K.Yashoda, D/o.Shankar,4.M.Thippamma, D/o. Balappa5.K.Yashoda, D/o.Shankar,
16. M.T.Amrutha, D/o. M James
17. A.Kalyani, D/o. A Eemiya
18. M.Bheemamma,, D/o. M Jangaiah,
19. P.Kavitha, D/o. P.Satyam
2O. B.Radhika, D/o. Rajaiah21. S,Premavathi, D/o. S Baya Reddy21. S,Premavathi, D/o. S Baya Reddy 22,T.Chandaanavani, D/o. T.Rajanna,
23. B,Shashi Kala,, D/o. Anlaiah,
(AIl are Ex Students of Nightingale School of Nursing Hyderabad Presentlystudying in Osmania School of Nursing Hyderabad, A.P.,)studying in Osmania School of Nursing Hyderabad, A.P.,)
(Respondents 121o 21 are impleaded vide WPMP NO. 1512 of 2008)
(Respondents 6 to 11 are not necessary parties)
...RES,.NDENTS
l.A. NO: 1 OF 2009 WAMP. NO:5 3 oF 2009Petition under Section 151 CPC [praying ]that in the circumstances [stated ][in ][the]affidavit filed in support of the [petition, ]the High Court [may be pleased to suspend the]
*/peralion [of the ][G.O., ][lVs.No.422 ][dated ][6-12-2008 issued by ][thr-'first ][Respondent;]pending disposal of the above Writ petition
l.A. NO:2 OF 2009(Wl fVlP. NO: 1504 OF 2009):
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1. Government of [p ]ldhra Pradesh, rep. By its Secretary,, Medic,al and Health,Family Welfare I epartment, Secretariat, Hyderabad.Family Welfare I epartment, Secretariat, Hyderabad.2.The Director of tt edical Education, Andhra Pradesh,, Hyderacad.
.,,.PETITIONERS
AND
1. Nightingale Sch:ol of Nursing,, rep. by its Director, Flat No.103, SrinivasaApartments, Hur rayun Nagar, Hyderabad.Apartments, Hur rayun Nagar, Hyderabad.2.Andhra Pradesh Nurses, Midwives, Auxiliary Nurse,, Midwife and Health VisitorsCouncil, rep. by ts Registrar, Sultan Bazar, Hyderabad.Council, rep. by ts Registrar, Sultan Bazar, Hyderabad.eSmt. Dr. K.N. S rdha Ramana,, Director of Medical Education, Andhra Pradesh,Hyderabad.Hyderabad.4.Mr. Bharat Kum; r,, Deputy Director, A.P. Social Welfare, Department,HyderabadHyderabad Smt. Saroja, Prir cipal Osmania School of Nursing HyderabarJ,
Smt. Rekha,, nu sing Tutor, C/o. Osmania School of Nursing, Hyderabad.
7Smt. Sulochana , nursing Tutor, C/o. Osmania School of Nursing, Hyderabad.8Smt. Prameela,, W/o. govinda Rajulu, C/o. Director of Medicrll Education, AndhraPradesh, Hyder; bad.8Smt. Prameela,, W/o. govinda Rajulu, C/o. Director of Medicrll Education, AndhraPradesh, Hyder; bad.
I
Sri. Govinda Ra ulu,, C/o. Director of Medical Education, Anclhra Pradesh,Hyderabad.Hyderabad.
Station House [( ]fficer,, Humayun Nagar Police Station, Humayun Nagar,Hyderabad.Hyderabad.
S.Gayatri, D/o. I ;.Venkateswarlu,
12. T.Aparna, D/o. I latnam
M.Thippamma, )/o. Balappa
13.
14. K.Yashoda, D/o Shankar,
1t
M.T.Amrutha, D o. lvl James
to.A.Kalyani, D/o. t Eemiya17.M.Bheemamma, D/o. M Jangaiah,
17. P.Kavitha, D/o. [).Satyam]
18. B.Radhika, D/o Rajaiah
19.
20. S.Premavathi, t /o. S Baya Reddylt.T.Chandaanav: ni, D/o. T.Rajanna,lt.T.Chandaanav: ni, D/o. T.Rajanna,
22. B.Shashi Kala,, D/o. Anjaiah,
(Respondents ' 1 to 22 are Ex Students of Nightingale School of Nursing Hyderabad Pre ,ently studying in Osmania School of Nursing Hyderabad, A.P.,)
(Respondents ', to 22 are only formal parties as no relief ,. ,,,",T:$€E35itiftts Petition under iection 151 CPC praying that in the circumstances stated in theaffidavit filed in suppr rt of the petition, the High Court may be p,ls6sg6 to vacate theinterim orders grante I in wAMP No. 523/2009 in wA No. zs4t2oo9,dted 23-3-2009dismiss the writ petiti( n with costs Counsel for the App,.llant: SMT. C. SINDHU KUMARI
Counsel for Respon, tent Nos. 1,2 & 4: Gp FOR MEDICAL, HEALTH &FAMILY WELFAREFAMILY WELFARE
The Court made the bllowing: ORDER
THE HON'BLE THE CHIEF JUSTICE SATISHRA SHARMAANDTHE HON'BLE SRICEN TUKARAMJI
WRIT APPEAL No.254 of 2OO9
JUDGMENT: fer ttLe Hot'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of arr interimorder 02.02.2009 passed by the learned Single Judge [in]W.P.M.P.No.36853 of 2008 in W.P.No.27363 [of ][2OO8.]
In the present case, this Court has [granted ]arlinterim order on 23.O3.2OO9 and the [sarne ][is ][continuing]till date. Learned counsel for the appellant [submits ][that]the institution is also functional since 2009 [and ][the]Government has restored the [permission ]keeping [in ][view]the interim order granted by this Court' [However, the]fact remains that the main rvrit [petition is ][still ][pending.]
Resultantly, with the consent of the [parties, ][the]present writ appeal stands disposed of with a request tothe learned Singte Judge to decide the [writ ][petition itself]on merits and the interim order [granted ]by [this ][Court ][in]the writ appeal in the [yeat ][2OO9 ]shall [continue ][till ][the]disposal of the writ [petition.]
Office is directed to list the [writ ][petition ][before the]Bench having roster on 24.01.2022, [on which ][date ][the]parties shall appear before the learned [Single ][Judge']
The m scellaneous if applications pending, any,applications pending, any, shall stand [( ]losed. There shall be no order as ['-o ]costs.
SD/-M.VIJAYA BHASKARDHPUTY REGISTRAR,TRUE COPY'SECTION OFFICER
To,
1. The Section Off :er, Writ Non-service [Section, ][High Court ][for the State of]Telangana
2. The S-ection Off :er, Writ Posting Section, [High ][Court ][for ][the ][State of ][Telangana]
3. One CC to Smt. C Sindhu Kumari [Advocate ][OPUC]
4. Two CCs to GF For Medical, Health & Family [Welfare, ][High ][Court ][for ][the ][State]of Telangana. [( [tUT]]5. Two CD Copies6. One Spare Cop [,]MBC\ v F{IGH COURT
DATED: 3111212021
a!\i HE [s7a]f,c.2 Ij,ll!'l 2022JUDGMENTWA.No.254 of 2009
DISPOSING OF THE [WRIT ][APPEAL]WITHOUT COSTS
aj,1)