Sameena Yasmeen v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE N. BALAYOGI Writ Petition No.21062 of 2018 Date: 19-07-2018 Between:

Sameena Yasmeen, D/o Khaja Sajjanuddin, Aged about 18 years, Occ: Student, R/o H.No.17-1-376/421, LIGHT-43, Santhoshnagar Colony, Saidabad, Hyderabad.

... Appellant And The State of Telangana, represented by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, and 3 others ... Respondents Counsel for the Petitioner: Dr. Sofia Begum Counsel for Respondents: G.P. for Medical & Health Mr. K. Lakshman, Asst. Solicitor General Mr. A. Prabhakara Rao

VRS, J & NBY, J W.P.No.21062 of 2018 HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE N. BALAYOGI Writ Petition No.21062 of 2018 ORDER: (per V. Ramasubramanian,J) The grievance of the petitioner is that the children of the Central Reserved Police Force are not granted the benefit of reservation made available under G.O.Ms.No.66, Health, Medical and Family Welfare (C1) Department, dated 29-07-2015 in so far as admission to Medical Courses is concerned.

2. Heard Dr. Sofia Begum, learned counsel for the petitioner. Mr. A. Lakshman, Assistant Solicitor General takes notice for the 3rd respondent. Learned Government Pleader for Medical and Health (Telangana) takes notice for the respondents 1 and 2. Mr. A. Prabhakara Rao, learned standing counsel takes notice for the 4th respondent.

3. The reservation of 1% of the seats for admission to Medical and Dental Courses is granted under G.O.Ms.No.66, dated 29-072015 to the children of Ex-Servicemen and Serving Personnel of the three wings of the Defence Service. The relevant portion of G.O.Ms.No.66, dated 29-07-2015 reads as follows: "1% for the children of Ex-Servicemen and the Serving Personnel of the three wings of the Defence service viz., Army, Navy and Air Force subject to the condition that the said Ex-Servicemen etc., who are domiciled in Telangana based on the Permanent address/Home town declared by them while joining the service and as recorded in their service register".

VRS, J & NBY, J W.P.No.21062 of 2018

4. Merely because for admission to Pharm-B courses, even children of Border Security Force and Central Reserved Police Force are also granted the benefit and merely because in other States this reservation is made available even to children of CRPF, it is not open to the Court to direct the Government to create a policy. Reservation for the children of Ex-Servicemen and Serving Defence Personnel is a matter of policy of the Government. No mandamus to create reservation can be issued by the Court.

5. Therefore, the only alternative available to the petitioner is to approach the Government. It is stated that representations have been made to the Government. If so, the State of Telangana may consider the representations.

The writ petition is disposed of directing the 1st respondent to consider the representation, if any, made by the petitioner and take a decision in accordance with law.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________________ V. RAMASUBRAMANIAN, J ______________ N. BALAYOGI, J Date: 19-07-2018 Ksn