National Medical Commission vs. Dr. Gantasatvika Reddy

ITEM NO.39 COURT NO.8 SECTION XII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2435-2436/2023

(Arising out of impugned final judgment and orders dated 27-10-2022 in WP No. 23420/2022 & WP No. 35173/2022 passed by the High Court For The State Of Telangana At Hyderabad)

NATIONAL MEDICAL COMMISSION Petitioner(s)

VERSUS

DR. GANTASATVIKA REDDY & ORS. Respondent(s)

( IA No. 11209/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 32182/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 16-05-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA

For Parties	Mr. Gaurav Sharma, AOR
	Mr. Dhawal Mohan, Adv.
	Mr. Prateek Bhatia, Adv.
	Mr. Paranjay Tripathi, Adv.

Mr. Sriharsha Peechara, Adv.

• Ms. Pallavi, Adv.
• Mr. Duvvuri Subrahmanya Bhanu, Adv.
• Mr. Rajiv Kumar Choudhary, Adv.

Mr. Niranjan Reddy, Sr.Adv. Mr. Zeeshan Adnan Mahmood, Adv. Mr. Dharmesh D K Jaiswal, Adv. Mr. Sahil Raveen, Adv. Mr. Akhila Palem Ramireddy, Adv. Mr. Manoj C. Mishra, AOR Mrs. Madhavi Divan, A.S.G. Mr. P Venkat Reddy, Adv. Mr. Prashant Kumar Tyagi, Adv.

M/S. Venkat Palwai Law Associates, AOR

Mr. Dama Seshadri Naidu, Sr. Adv. Mr. Ramesh Allanki, Adv. Ms. Aruna Gupta, AOR Mr. Syed Ahmad Naqvi, Adv.

UPON hearing the counsel the Court made the following O R D E R

Heard learned Additional Solicitor General and learned Senior counsel(s), appearing for the parties. Medicity Institute of Medical Sciences (Respondent No.5) goes unrepresented.

In these petitions, we find that two students, who were Respondent Nos.5 & 6 before the High Court, in the writ petition out of which the present proceedings arise, have not been impleaded as party respondents. It was incumbent upon the petitioner to bring on record all the parties who were before the High Court while assailing the judgment delivered by the High Court. In ordinary circumstances, these petitions ought to have been dismissed for non-joinder of necessary parties as in our opinion the aforesaid two respondents were necessary parties and are also necessary parties before this Court.

But these proceedings raise certain important points which require adjudication. We, accordingly, direct adding Kandakatla Mounika and Nellore Nikitha who were respondent nos. 5 and 6 in the writ petition before the High Court, as party respondents to these petitions for special leave to appeal, as respondent nos.9 & 10. Cause title be amended accordingly. The petitioner shall pay costs of Rupees Twenty thousand for leaving out these respondents from the array of parties in these special leave petitions and the same is to be paid to Supreme Court Legal Services Committee (SCLSC), on consent of all the appearing parties, within a period of two weeks from today.

We are also apprised by MNR Medical College (Respondent No.4) that it still has a seat to accommodate Dr. Gantasatvika Reddy (Respondent No.1). Since Medicity Institute of Medical Sciences (Respondent No.5) has not appeared before this Court, a fresh notice is directed to be served upon them both by regular mode as well as by dasti.

The matters shall be treated as heard in part and be listed on 25.07.2023.

(NIRMALA NEGI) (VIDYA NEGI)

COURT MASTER (SH) ASSISTANT REGISTRAR