Penchala Disha v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE NAMAVARAPU RAJESWAR RAO W.P.No. 41886 of 2022 ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) The present Writ Petition is being disposed of at the stage of admission with the consent of both the parties. 2.

This Writ Petition is filed seeking the following relief: "...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 respondent No.2-University in not permitting the petitioner for admission into MBBS/BDS course under B & C category of Management Quota for the academic year 2022-23 as illegal, arbitrary, unconstitutional and consequently direct the respondents to issue two separate Admission Notification for admission into MBBS/BDS courses under the convener quota and management quota for the academic year 2022-23 for NEET-2022 qualified candidates as being arbitrary, illegal and consequently direct the respondents to treat the petitioner's application in Convener Quota for the purpose of admission into Management Quota also in the NEET Counseling for admission into MBBS course under Management Quota for

the Academic year 2022-23 and further direct the respondents to follow one registration for one University procedure for admission into MBBS course for UG-NEET 2022 i.e. Convener Quota/Management Quota for the Academic year 2022-23."

3.

Heard Sri SSR Murthy, learned counsel appearing for the petitioner, learned Government Pleader for Medical Health appearing for respondent No.1 and Sri A. Prabhakar Rao, learned Standing Counsel appearing for respondent Nos.2 and 3. 4.

Learned counsel for the petitioner contended that petitioner is a student seeking to pursue her under-graduate course of MBBS/BDS Degree in the State of Telangana; petitioner had appeared for the National Eligibility-cum-Entrance Test, 2022 and secured "447011" rank in the said Entrance examination; the 2nd respondent-University had issued Notification inviting applications from the qualified candidates to apply for admission into under graduate course of MBBS/BDS on 10.10.2022, and again, the 2nd respondent-University also issued second Notification for admission for the same courses on 19-10-2022 and as per the said Notification, the candidates should apply from 20.10.2022 to

27.10.2022; however, due to not aware of the second notification and she was on bed rest during that period, she could not respond to the said Notification; thereafter, she sent representation dt. nil to the 2nd respondent-University requesting to extend the last date to apply for admission into the said course in pursuance of the Notification date 19.10.2022; but, so far, the respondents have not passed any orders on the said representation; and therefore prayed this court to pass appropriate orders be passed in the Writ Petition by directing the 2nd respondent-University to consider the representation submitted by the petitioner in accordance with law. 5.

Learned Standing Counsel appearing for the 2nd respondent-University contended that the last date for submission of application, pursuant to notification dated 19.10.2022, was 27.10.2022, and the State Government has issued Rules vide G.O.Ms.No.125, dated 22.09.2022, wherein it was clearly mentioned that no application would be entertained after the last date; however, since the petitioner's representation is pending with the 2nd respondent-University, the 2nd respondent-University would

consider the same and pass appropriate orders in accordance with law.

6.

This court having considered the rival submissions made by the parties, is of the considered view that this Writ Petition can be disposed of by directing the petitioner to submit a fresh representation within one week from today, and upon such representation being received by the 2nd respondent-University, the 2nd respondent-University shall consider the same and pass appropriate orders in accordance with law.

7.

Accordingly, the Writ Petition is disposed of. No costs.

8.

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

______________________________ ABHINAND KUMAR SHAVILI, J __________________________________ NAMAVARAPU RAJESWAR RAO , J Dt.16.11.2022 kvr