Ms.Gunta Sushma Rekha v. The State Of Telangana
ll [ 3318 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD ' (Special Original Jurisdiction) TUESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITIO N NO:44621 OF 2022 Between:
Ms.Gunta Sushma Rekha, D/o.Gunta Komuraiah, Aged about 18 years, resident of H.No.2-74, Nagaiah Palli, Marripalle, Karimnagar, T.S. ...PETITIONER AND
1. The State of Telangana, Represented by its Special Chief Secretary, Health, lvledical and Family Welfare Department, Secretariat buildings, Hyderabad.
2. Kaloli Narayana Rao University of Health Sciences, Warangal, represented by its Registrar.
...RESPONDENTS 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 a an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT Of IVANDAMUS, declaring the action of the 2nd Respondent in not allowing the Petitioner bearing roll No.4202030568 to upload application claiming NRI Quota for Admission into UG Medical Courses(MBBS) under Minority Quota 2022-23 for TS UG Medical Admission-2O22 and consequently, directing the 2nd Respondent to issue an Application to the Petitioner bearing roll No.4202030568 claiming NRI Quota for Admission into UG Medical (MDBS)Courses under NRI Quota 2022-23 for TS PG Medical Admission-2022.
I.A.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 issue a direction to the 2nd Respondent to issue an Application to the Petitioner bearing roll No.4202030568 claiming Muslim Minority Quota for Admission into
UG tvledical Courses under Muslim Minority Quola 2022-23 for TS UG tvledical Admission-2022, pending disposal of the above writ petition. Counsel for the Petitioner : SRI.A.P.REDDY Counsel for the Respondent No.1 : GP FOR MEDICAL HEALTH AND FAMtLy WELFARE Counsel for the Respondent No.2 : SRI.A.PRABHAKAR RAO The Court made the following ORDER
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESIIWAR RAO Writ PetitionNo.4462L of 2022 ORDER:
(Per Hon'ble Justice Abhinand Kumar ShauiLi) This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking a Wit of Mandamus to declare the action of 2"d respondent in not allowing the petitioner (bearing Roll No.4202030568) to upload application claiming for Admission into UnderGraduate Medical Courses (M.B.B.S.) under N.R.I. / Minority Quota 2022-23 for Telangana State UnderGraduate Medicat Admission, 2O22; and, consequently, to direct the 2.d respondent to issue an application to the petitioner (bearing Roll No. 4202030568) claiming for . admission into Under-Graduate Medical (M.B.B.S.) Courses under N.R.I. Q:uota 2022-23 for T.S. U.G. Medical Admission -2022.
AKS,J & RRN,J wP '44621-2022 \ 2.
Heald Mr.A.P. Reddy, Iearned counsel for the petitioner; the learned Government Pleader for Medical and Health for the l"t respondent; and Mr. A. Prabhalar Rao, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences, for the 2nd respondentUniversitv. 3.
Learned counsel for the petitioner contended that petitioner has appeared for National Eligibility-cumEntrance Examination, 2022 (Under-Graduate) and secured a decent rank; thereafter, the 2"d respondentUniversilz has issued a notification dated 19.10.2022 inviting on-line applications for admission into "8" Category and Management Quota seats; pursuant to the said notification, petitioner has got registered under "B" Category ald Management quota seats, but petitioner could not get registered for N.R.I. Category seat ow.ing to various difficulties; in those set of circumstances, petitioner has submitted a representation to the 2'd respondent-University on 1O.12.2Q22, requesting the 2nd respondent-University to permit the petitioner to upgrade
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her status for N.R.I. in the application form; but, so far the 2"d respondent-Universit5r has not passed any orders on the said representation; and therefore, prayed this Court to pass appropriate orders in the Writ Petition by directing the 2nd respondent-University to consider the representation submitted by the petitioner dated 70.12.2022 and pass appropriate orders thereon in accordance with law.
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On the other hand, learned Standing Counsel for the i t 2"d respondent-University submitted that since petitioner's representation dated 10.12.2022 is pending with the 2"a respondent-Universit5r, the 2"d respondent-University would consider the same ald pass appropriate orders in accordance with law.
5" This Court, having considered the submissions made by the parties, is of the considered view that the present Writ Petition can be disposed of by directing the 2nd respondent-Universit5r to consider the representation dated 10.12.2022 submitted by the petitioner and pass
'a :a4ii AKS,J & RRN,J wp _44621_2022 appropriate orders thereon in accordance ',l.ith law within a reasonable period of time.
6.
With these observations, the Writ Petition is disposed of. No costs.
7, As a sequel, miscellaneous applications pending if i any in this Writ Petition, shall stand closed. SD/- P. C1{. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// @ SECTION OFFICER To
1. The Special Chief Secretary, Health, Medical and Famrly Welfare Department, Secretariat buildings, State of Telangana at Hyderabad.
2. The Registrar, Kaloji Narayana Rao University of Health Sciences, Warangal.
3. Two CCs to GP FOR MEDICAL HEALTH AND FAMILY WELFARE, High Court for the State of Telangana at Hyderabad. [OUT]
4. One CC to SRI.A.P.REDDY, Advocate [OPUC]
5. One CC to SRI.A.PRABHAKAR RAO, Advocate [OPUC]
6. Two CD Copies
7. One spare copy S.A BS,fo- \
HIGH COURT DATED:1311212022
ORDER
z1 .j,TATE O,t'
WP.No.44621 of 2022 '('
J 6)), t1 {tFJ,tr@ i ) * DISPOSING OF THE W.P WITHOUT COSTS.
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