Asma v. The State Of Telangana And Another
[ 3318 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 41863 0F 2022 Between:
Asma, D/o. Mohammed Abdul lMoyeed, Age 1B years, Rl/o. l'l.No.9-4-13111lNl22lA' Neeraja Colony, Tolichoki, Hyderabad.
...PETITIONER AND The State of Telangana, represented by its Principal Secretary, lvledical and - Health Family Welfire Department, Se6retariat Buildings, Hyderabad-500 055 Kaloji Nararayana Rao Ur-iiversity of Health Sciences, represented by its 1.
2.
Registrar' warangal'
...RES'.NDENTS 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 I I I the nature of writ of mandamus declaring the action of the respondents I particularly the 2nd respondent in not considering the petitioner request for I exercising web options for admission into MBBS/BDS course under Management Quota "B" and "C" Category in 2nd phase of counselling for the academic year , 2022-23 as illegal, arbitrary, unconstitutional and consequently direct the respondents to consider and permit the petitioner for exercising web options for admission into MBBSiBDS course under Manag-ement Quota "8" and "C" category for the academic yeat 2022-23 in 2nd phase of counselling. l I
il2il 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 respondent to consider the petitioner request for exercising web options under Management Quota "8" and "C" Category for admission. into MBBS/BDS course in the 2nd phase of counselling for the academic year 202223, pending disposal of writ petition. Counsel for the Petitioner: SRl. L. RAM SINGH Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE Counsel for the Respondent No.2: SRI A. PRABHAKAR RAO, SC FOR KNR UNIVERSITY The Court made the following: ORDER
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESI{WAR RAO Writ Petition No.41863 of 2022 ORDER : (Per Hon'ble Justice Abhinand- Kumar Sl'Lavili) This writ petition is filed with the following prayer; "....to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents particularly the 2nd respondent in not considering the petitioncr request for exercising web options for admission into MBBS/BDS coirrse under Management Quota B and C Category in 2nd phase of counseling for the academic year 2022-23 as illegal arbitrary unconstitutional and consequently direct the respondents to consider and permit the petitioner for exercising web options for admission into MBBS/BDS course under Management Quota B and C category for the academic year 2022-23 in 2nd phase of counseling and pass. . . "
2.
Heard Mr. L. Ram Singh, learned counsel for the petitioner, and Mr. A. PraLrhakar learned standing counsel for the respondents.
3.
Learned counsel for the petitioner had contended that the petitioner has appeared for 'NEET' Under graduation Entrance Examination-2O22 and she has secured a decent rank in the said examination. The
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AKs,J & NRR,J wP 41863 of 2022 grievance of the petitioner is that the 2"d respondentUniversity has issued a notification lor filling up the management *B & C" category seats on 19.10.2022 and petitioner has applied in pursuance to the said notification, the grievance of the petitioner is that in pursuance to the notification, the 2"d respondentUniversity must permit the petitioner to exercise her option in respect of colleges and petitioner has received a text message from the University on 12.11.202 at 3:49 P.M stating that 72.11.2022 is the last date for exercising the web option for selecting colleges ard the last options are open till 4:00 P.M as there was no sufficient time for the petitioner to exercise web options in pursuance to the text message.
The petitioner could not exercise her web option and immediately she has submitted a detailed representation to the 2"d respondent-University on 14.11.
AKS,J & NRR,,J wp_ 41861 of 2022 respondent-University has not passed any orders on the said E-mail representation of the petitioner. Therefore, appropriate order be passed in the writ petition directing the 2"d respondent-University to consider the representation submitted by the petitioner on 14.11.2022 and pass appropriate orders in accordance with law.
4. On the other hand, learned Standing Counsel II appearing for the )ttd respondent-University had contended that, since the petitioner representation is pending with the 2"d respondent-University, the 2"d respondent-University would consider the same ald pass appropriate orders in accordance with law, within a reasonable period.
5. This court, having considered the rival submission made by the parties, is' of the considered view that the present writ petitioner can be disposed of directing the 2"d respondent-University to consider the representation submitted by the petitioner on
\-.---lAKS,J & NRR,J wp,41861of 2022 14.1I.2022 and pass appropriate orders in accordance with law within a reasonable period of time.
With these observations, writ petition is disposed of.
As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed. SD/. P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY/I ',;
SECTION trFICER / To, 1.
\ The Registrar, Kaloji Nararayana Rao University of Health Sciences' Warangal.
One c6 to Sri L. Ram Singh, Advocate [OPUC] i*o Ccrio GP for Medic;l Health and Famity Welfare, High Court for the State of Telangana at Hyderabad. IOUTI oii"-ct io Srilq. Prabh6kar Rao, Sc foi KNR Universitv [OPUC] Two CD Copies One Spare Copy 2.
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HIGH COURT DATED:1611112022 S 1416J,.
ORDER
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]., li t 7 2 N0\r 2gI2 W.P.No.41863 of 2022 i-t :.- I DISPOSING OF THE WRIT PETITION WITHOUT COSTS u I