Telangana HC Sets Aside KNRUHS Barring PWD from MBBS Course

 Hyderabad: A two-judge panel of the Telangana High Court set aside the impugned action of the University of Health Sciences (KNRUHS) in treating a student as ineligible under PWD (Persons With Disability) for pursuing the medical course. The panel comprising Justice Alok Aradhe and Justice J. Sreenivas Rao was dealing with a writ plea filed by Mariyam Rashid Hussain challenging the actions of the respondent authorities in not listing the petitioner’s name in the list of candidates under the persons with disability (PWD category) for admission into MBBS/BDS courses for the academic year 2024-25. The panel came down heavily on the medical board for the report submitted. It noted that the report failed to record proper reasons as to why a particular candidate is not capable of pursuing the medical courses and how the impairments he suffers from, would impede or prevent him from effectively pursuing the courses that he wishes to study. The panel after considering the submissions made on both sides, directed the medical board (KNRUHS) to re-examine the petitioner and assess the disability of the petitioner afresh by assigning valid and cogent reasons in the light of the observations made in the order.

The panel held the petitioner to be a candidate belonging to the PWD category under the rules regarding admission of students with "specified disabilities" under the Rights of Persons with Disabilities Act, 2016, with respect to admission to the MBBS course. The panel further directed the university to permit the petitioner to participate in the third round of counselling.

Society’s access to bank a/c restored

Justice Moushumi Bhattacharya of Telangana High Court vacated an interim ex-parte stay order restraining the office-bearers of Good Shepherd Community Society and three other public charities in accessing their bank accounts. This decision comes in response to a writ plea filed by Gowripaga Albert Lael and two others seeking a declaration that Joseph D Souza and four others, who are the office-bearers in the respondent public charity institutions, have no right to hold the office of trustees, directors, or office-bearers. The petitioners alleged that by virtue of the respondent’s legal disqualifications and their anti-institutional conduct, it be declared that the respondents have no right to hold office. The petitioners alleged that the respondent office bearers are involved in misappropriation of large sums relating to respondent charities by taking advantage of their positions. The petitioners also sought the appointment of an advocate commissioner or a former judge of the Telangana High Court as administrator to manage the affairs of respondents and the associated group. The petitioner also sought identification and reinstatement of the former trustees and/or founding directors to oversee the administration, particularly in view of their public duty activities. On an earlier occasion, a co-ordinate bench of Telangana High Court passed an order directing the regional director, South Eastern Region (RD) to not allow the respondent office-bearers to operate all the bank accounts without his prior permission. However, later the order was modified directing that respondents place the salary statement of the respective institutions and on placing of such statement, the RD shall forthwith grant permission for withdrawal of the amounts towards salaries payable to employees of the institutions. Justice Moushumi Bhattacharya, upon hearing senior counsel A. Venkatesh appearing for respondents along with other counsels vacated the interim ex-parte order. The judge observed that the ex parte interim order is contrary to the judgment passed by the apex court in a special leave petition filed by the respondents to the extent of directed by Supreme Court that the order of attachment is required to be stayed insofar as the salary and the institutional expenses of the respondents are concerned. The judge was of the view that the respondent public charities should be permitted to withdraw amounts with respect to the salaries to be paid to the employees of the respondent institutes. The judge also directed the RD not to take any further action in terms of the interim orders passed by the co-ordinate Bench till further orders. The matter is pending further review.

Plea on Aurora’s institute admitted in HC

Justice T. Vinod Kumar of Telangana High Court admitted a batch of writ petitions challenging the rejection of permission for the operation of Aurora’s Technological Institute in Begumpet, Hyderabad, and for offering various courses including BE Computer Science and Engineering for the academic year 2024-25. The judge was dealing with writ pleas filed by the Church Educational Society and others contending that the rejection of permission by the commissioner of Technical Education and other authorities is arbitrary, illegal, and unconstitutional. The petitioners sought to quash the rejection order and recognition of Aurora’s Technological Institute as a valid, affiliated, and approved institution, thus allowing it to offer its proposed courses in compliance with the AICTE and the university’s standards. During the hearing, the petitioner’s counsel argued that the admission process for the upcoming academic year has already been completed, and urged the judge to consider issuing interim directions. However, the judge was not inclined to issue such directions as the Government Pleader requested additional time to file a response. The judge posted the matter after four weeks for further adjudication.