Sara Sushmitha v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 10970 OF 2022 Between:
Sara Sushmitha, D/o. Sara Jayaprakash, Age.29 years,4-10-36, Anantagiri Pally, Balijaguda, Vikarabad, Ranga Reddy District. Telangana-S01 101. ...PETITIONER AND '1 . The State of Telangana, represented by its Principal Secretary, Medical and Health Family Welfare Deparlment, Secretariat Buildings, Hyderabad-500 055.
2. Kaloji Nararayana Rao University of Health Sciences, represented by its Registrar, Warangal.
RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in ihe nature of writ of mandamus declaring the action of the respondents particularly the 2nd respondent in not considering the petitioner for counselling and admi;sion into Bachelor of Physiotherapy (BPT) course under A Category ( cQ) for the academic year 2021-22 as illegal, arbitrary, unconstitutional_ and consequen y direct the respondents to consider and include the name of the petitioner foi admission into Bachelor of Physiotherapy (BPT) course under A Category ( CQ) for the academic year 2021-22.
lA NO: 1 OF 2022 Petition 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 direct the 2nd respondents to consider the petitioner request under A Category ( CQ) for admission into Bachelor of Physiotherapy (BPT) course under A Category ( CQ) for the academic yeat 2021-22 in next phase of counselling, pending d isposal of writ petition.
Counsel for the Petitioner : SRI.V.RAMESH REDDY
counsel for the Respondent No.1: GP FoR MEDICAL HEALTH AND FAMILY WELFARE Counsel for the Respondent No.2 : SRI.A.PRABHAKAR RAO The Court made the following ORDER V
THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PET TION No,10970 0 F 2022
ORDER
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made: "...to /ssue an appropriate writl order or direction more particularly one in the nature of writ of mandamus declaring the action of th'e respondents particularly the 2nd respondent in not considering the petitioner for counselling and admission into Aachelor of Physiotheraphy (BpT) course under A Category @e tor the academic year 2021-22 as illegal, arbitrary, unconstitutionat and consequently direct the respondents to consider and include the name of the petitioner for admission into Bachelor of Physiotherapy (BpT) course under A Category (Ce) for the academic year 2021-22 and pass such other order or orders...,, 2.
Heard both sides. Perused the record.
3.
Learned counsel for the petitioner would submit that the respondent No.2-University issued notification, daled 04.72.202L, calling for online applications for admission into Bachelor of Physiotherapy (BPT) course under A Category (CQ) for the Acadenric Year 2027-22. The last date for submitting the application is 75,t2.202L. However, due to prevalence of COVID 19 pandemic, the petitioner could not notice the same and could not apply. Now, the petitioner is ready to submit an application to the authority concerned and to pay the requisite fee. Further, this Court, in similar circumstances, vide order dated 17.O2.ZO2L passed in W,p.No.3653 of 202L and order, dated 16.03.2021 passed in 6564 of 2021, was
\ i pleased to grant benefit to the petitioners therein to submit application to seek admission into B.Sc. Nursing Course, 4.
The submissions of the learned counsel for the petitioner is conceded by other side. Copies of the order dated U.O2.2O2t passed in W.P.No.3653 of 202t and order dated 16.03.2021 passed in 6564 of 202L, are before this Court, which read as follows: W.P.No,3653 of 2021 "Notice before admission.
Post after four weeks.
The petitioner is directed to appear before respondent No.2-University along with Original Certificates for verification on or before 26.02.2027 to enable respondent No.2 to include the name of petitioner in the 2nd phase of Counselling for admission in to B.Sc. Nursing Course.
W.P.No.6564 of 2021 " Notice before admission.
Post after fou r weeks.
The petitioner is directed to appear before respondent No,2-University along with Original Certificates for verification on or before 26.03,2027 to enable respondent No.2 to include the name oF the petitioner in the 2nd phase oF counselling for admission in to B.Sc. N u rsing Course.
5. In the instant case, the reasons advanced by the petitioner is that due to prevalence of COVID-19 pandemic, she could not log into the website of the respondent No.2-University and ascertain the notification and last date for online registration for admission into Bachelor of Physiotherapy (BPT) Course. Here, it is apt to state that in view of prevalence of COVID-19 pandemic, people were under great panic. There were restrictions on their movements. In
J addition, people faced so much inconvenience and hardships. In view of these circumstances, the reasons advanced by the petitioner needs consideration and the petitioner is required to be allowed to t, file her application along with requisite fee and comply with all the requirements to seek admission into Bachelor oF Physiotherapy Course for the academic year 2021-22.
6.
Accordingly, the petitioner is directed to appear before the respondent No.2-Kaloji Narayana Rao University of Health Sciences, Warangal, along with original certificates for verification on or before 07.03.2022 to enable respondent No.2 to include the name of the petitioner in the counselling for admission into Bachelor of Physiotherapy (BPT) course, subject to the petitioner paying application fee etc. On appearance of the petitioner as directed above and filing an application within the time prescribed above, she is entitled for admission into the said course, provided she has merit/eligibility, in accordance with the relevant Rules. 7.
With the above direction, this Writ Petition is disposed of' Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
There shall be no order as to costs.
SD/- MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR \ i/TRUE COPYII SECTION OFFICER To The Principal Secretary, Medical and Health Family Welfare Department, Secretariat Buildings, State of Telangana, Hydera6ad-S0O 055. The Registrar, Kaloji Nararayana Rao Univeisity of Health Sciences, Warangal.
Two CCs to GP FOR MEDICAL HEALTH AND FAMTLY WELFARE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI.V.RAMESH REDDY, Advocate [OPUC] Two CD Copies o 9sa .*One spare copy
HIGH COURT S DATED:0310312022 l/f llc 05 t{AH 2022 I -t c.Tlr"
ORDER
WP.No.'10970 ol 2022 DISPOSING OF THE W,P WITHOUT COSTS.
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