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High Court for State of TelanganaWP/25366/2015dismissed no costs

Ponguleti Sreeya Reddy, v. The State Of Telangana,

2015-08-13R.Subhash Reddy,A.Shankar Narayana5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.25366 of 2015 Between:

Ponguleti Sreeya Reddy .. Petitioner And The State of Tengana, Department of Higher Education, Secretariat, Hyderabad Rep. by its Principal Secretary and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 13-08-2015 SUBMITTED FOR APPROVAL:

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to

see the fair copy of the Judgment?

Yes/No HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION No.25366 of 2015 ORDER : (Per Hon'ble Sri Justice R.Subhash Reddy) This writ petition is filed seeking a direction by way of Mandamus to declare the action of the 5th and 7th respondents in declaring the ranks for MCET-AC-2015 Examination contrary to the procedure adopted by the 4th respondent regarding allotment of final ranks, as illegal, arbitrary and unconstitutional.

After completing her Intermediate Course, the petitioner, to seek admission into Medical and Dental course, appeared for the Examination conducted by the 5th respondentConvenor of MCET-AC-2015 for admissions in Private Medical and Dental Colleges in the State of Telangana. As per the procedure notified by the 5th respondent, ranks will be assigned taking into account 75% of the marks obtained in the admission test and 25% from the marks obtained in the

qualifying examination i.e., Intermediate course. The 5th respondent has conducted the examination and, as per the notified procedure, the candidates were to upload their Intermediate marks on or before 23.06.2015 and after conducting the examination, ranks were notified on 20.07.2015.

It is stated that the petitioner has not uploaded the marks obtained by her in Intermediate Course and that she has secured 86 marks out of 160 marks, in the entrance examination conducted by the 5th respondent.

It is the grievance of the petitioner that as she was not well for a period of two months, she could not upload her Intermediate marks. On instructions, it is submitted by learned counsel for the 5th respondent that though the last date was notified in the website and further intimation was also sent through short messaging service (SMS) to the candidates, the petitioner has not uploaded her Intermediate marks. It is further submitted that as much as the ranks were already declared on 20.07.2015 and as there is no valid reason for the petitioner for not uploading her Intermediate marks, the petitioner is not entitled for the relief as prayed for. It is also submitted that even by clubbing the marks obtained by the petitioner in entrance test and Intermediate Course, the copies of which are filed in the material papers filed before this Court, the petitioner would be getting a rank not less than 1700, whereas in the private medical collages, there are only 505 seats for

MBBS and 350 seats for BDS.

Except stating that the petitioner was not well, no material is placed before this Court to that effect. The petitioner, in support of her claim that she was not well, has placed on record the outpatient assessment record issued by Krishna Institute of Medical Sciences, which shows that she has consulted for her medical ailment only on 15.07.2015. As much as it is the case of the respondents that they have notified the date in advance and also sent messages through SMS to all the candidates and admittedly the petitioner has not uploaded her Intermediate marks on or before 23.06.2015, we do not find any merit in this writ petition, for grant of directions as prayed for.

Accordingly, the writ petition is dismissed. No order as to costs.

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

____________________________ JUSTICE R. SUBHASH REDDY ________________________________ JUSTICE A.SHANKAR NARAYANA 13.08.2015 v v