Deshavath Ram Prashanth Naik, S/O. Deshavath Paparayudu, v. Dr. N.T.R. University Of Health Sciences,

IN THE HIGH COURT OF JUDICATURE AT

HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.25397 OF 2015 Between:

Deshavath Ram Prashanth .. Petitioner and Dr. N.T.R. University of Health Sciences, Vijayawada, and others .. Respondents DATE OF JUDGMENT PRONOUNCED: August 14, SUBMITTED FOR APPROVAL:

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

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

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

3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA WRIT PETITION No.25397 OF 2015 ORDER: (Per Hon'ble Sri Justice R. Subhash Reddy) Heard learned counsel for the petitioner and Sri A. Prabhakar Rao, learned Standing Counsel for respondent No.1.

This Writ Petition is filed seeking to declare the action of respondents, in refusing to admit the petitioner into 1st Year M.B.B.S. Course for the academic year 2015 -16 on the ground that he has not produced the original Study Certificate from Class VI to X, as illegal and arbitrary.

Petitioner belongs to Scheduled Tribe (ST) Community and secured 10129 rank in Common Entrance Test conducted for entry into medical stream. He was called for counseling on 10.08.2015. On that day, admittedly, petitioner has not produced original Study Certificate from Class VI to X. Hence, the case of the petitioner was not considered and he was not admitted. On instructions, it is submitted by the learned Standing Counsel for respondent No.1 that under ST

Category, last candidate who secured admission into 1st Year M.B.B.S. Course for the academic year 2015 - 16 has got 12162 rank, and as the petitioner, admittedly, did not produce the Study Certificate, which was required to be produced as per the admission procedure notified by the respondents, he was not admitted. It is further submitted that if any seats are vacant in Convener quota, there will be a second round of counseling and the petitioner's candidature can be considered at that time. Hence, we deem it appropriate to dispose of the Writ Petition directing the respondents to consider the case of the petitioner in the second round of counseling, if conducted, without disqualifying him on the ground that he has not produced his original Study Certificate on 10.08.2015 i.e., first round of counseling.

Subject to the above, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. No costs.

______________________ R. SUBHASH REDDY, J ___________________________ A. SHANKAR NARAYANA, J August 14, 2015 MD