Guggilla Malavika v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI WRI T PETI TI ON No.18436 OF 2019 ORDER: (per SK,J) The grievance of the petitioner is that Kaloji Narayana Rao University of Health Sciences, Warangal, is not considering her candidature in the subsequent counselling for admission into MBBS/BDS course under Competent Authority quota during the academic year 201920. 2.

It is an admitted fact that the petitioner was allotted a MBBS seat in the I Phase of counselling in Mallareddy College for Women at Hyderabad. She was required to get admitted in the said college on or before 24.07.2019 by 4.00 P.M. She however failed to do so. It is her case that she was admitted in the hospital with viral fever and was discharged only on 25.07.2019. She submitted a letter to the respondent University only on 21.08.2019 stating that she could not join the college owing to her kidney stones problem and sought a further opportunity to take part in the next counselling. Her prayer before this Court is also to permit her to participate in the next counselling for the Competent Authority quota of left over seats.

3.

In this regard, it may be noted that the Government of Telangana promulgated the Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, vide G.O.Ms.No.114, Health, Medical & Family Welfare (C1) Department, dated 05.07.2017. Rule 4 of the said Rules deals with 'Selection Procedure'. Sub-rule (iv) thereof is pertinent for the purposes of this case and states to the effect that if a candidate is allotted a seat, he/she has to report for admission

without fail and if such a candidate has not reported, he/she would not be considered for allotment of a seat in the subsequent rounds of counselling. The said sub-rule further reiterates for good measure that the candidate would not be considered for further counselling for that academic year's admission.

4.

In the light of the aforestated statutory rule, this Court cannot direct the University to permit the petitioner to participate in the next round of counselling, if any.

5.

The writ petition is accordingly dismissed on this short ground. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR,J ________________________ ABHI NAND KUMAR SHAVI LI ,J Date:23.08.2019 GJ