Bathula Shainy Sravanthi v. The State Of Andhra Pradesh Rep By Its Principal Secretary

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 SMT JUSTICE KONGARA VIJAYA LAKSHMI Date: 02-07-2018 #Between:

Bathula Shainy Sravanthi, D/o Mutyala Rao, Aged about 18 years, Occ: Student, R/o D.No.18-16-6/A, 23rd Ward, Kakumanuari Street, Ambedkar Nagar, Ponnuru, Guntur District ... Petitioner And The State of Andhra Pradesh, represented by its Principal Secretary (Health, Medical & Family Welfare) Department, Velagapudi, Amaravathi, Guntur District and another ... Respondents ! Counsel for the Petitioner : Mr. T.D. Phani Kumar ^ Counsel for Respondents : Mr. Taddi Nageswara Rao G.P. for Medical & Health

VRS, J & NBY, J HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI ORDER: (per V. Ramasubramanian,J) Heard Mr. T.D. Phani Kumar, learned counsel for the petitioner. Mr. Taddi Nageswara Rao, learned Standing Counsel takes notice for the 2nd respondent University.

2. The petitioner is a meritorious candidate having secured 447 marks out of 500 marks in All India Senior School Certificate Examination and also having secured the All India Rank of 69910 and the State Rank of 2684 in NEET. Though the petitioner is academically smart, she is not street smart or worldly wise and hence, she failed to upload her application online, for admission to MBBS/BDS Course for the academic year 2018-19. The reasons for her failure are sought to be explained.

3. The petitioner has now come up seeking a writ of mandamus to direct the 2nd respondent University to permit her to participate in the admission process.

4. Mr. Taddi Nageswara Rao, learned Standing counsel for the 2nd respondent University produced a copy of the schedule for verification of certificates and Web Counseling. The last date for filing of applications was 24-06-2018.

The certificates verification commenced from 26-06-2018 and is due to expire on 01-07-2018. The University has given written instructions to the learned Standing Counsel which read as follows:

"The University has issued Notification dt:19-62018 for submitting online Applications for admission into MBBS/BDS courses fort the Academic Year 2018-19. It was clearly given in the notification for information of students that the same online

VRS, J & NBY, J application will be considered for all the rounds of counseling including MOP-UP Counseling and also for Stray Vacancies, if any. There is no further notification inviting online applications.

Manual applications also will not be accepted. All the selections will be made from the list of applied candidates and who found eligible after verification of original certificates. The selections will be made in all phases from the same list. The university will not issue any further notification inviting applications. The merit list will not be disturbed/changed. No names will be included/inserted to the list of candidates applied/merit list."

5. In view of the fact that a rigid schedule of timeframe has been fixed by the University and the same is also in the light of the orders of the Supreme Court, it may not really be possible at this stage to redress the grievance of the petitioner fully. But, at the same time, considering the fact that the petitioner is a meritorious candidate having secured 2684 rank in the State, we are of the considered view that without causing hindrance to the entire process and without disturbing the candidates who have already exercised the web options, the application of the petitioner can be received and at least considered in the second round of counseling.

6. Therefore, the writ petition is disposed of directing the 2nd respondent University to facilitate the petitioner to submit her application on or before 02-07-2018 and to explore the possibility of including the petitioner at least in the second round of web counseling. As a sequel thereto, miscellaneous petitions, if any pending, shall stand dismissed. No order as to costs. ________________________ V. RAMASUBRAMANIAN, J ____________________ K. VIJAYA LAKSHMI, J Date: 02-07-2018 Note: Issue C.C. today B.O./Ksn