Dismissed

Dr Zabiullah MD v. The State of Andhra Pradesh

Andhra Pradesh HC16 Mar 2022WP/6781/2022

Case brief

AI extract

What is this about?

The court heard a writ petition challenging the conversion of In-service medical seats to the non-service category. Instructed by the university, the court dismissed the petition on the ground that the issue was previously decided in a similar batch, and no order as to costs.

What did the court decide?

The writ petition is dismissed with no order as to costs.

Dr Zabiullah MD Vs The State of Andhra Pradesh — Education and Admissions | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI AND

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION No.6781 OF 2022

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ORDER: ( Per Hon’ble Sri Justice A.V.Sesha Sai )

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Heard Sri P.Thirumala Rao, learned counsel for the petitioners, Sri G.Vijaya Kumar, learned Standing Counsel for Dr.N.T.R.University of Health Sciences/respondent No.2 and learned Government Pleader for Medical and Health appearing for respondent No.1.

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This Writ Petition is filed under Article 226 of the

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Constitution of India for the following relief:

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"To issue a writ, order or direction more particularly one in the nature of writ of mandamus

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a) Declaring the action of the 2^nd respondent university in seeking to convert all the remaining In-service quota seats to Non-service category as arbitrary, illegal and without jurisdiction and also in utter contravention of the mandatory instructions issued by the 1^st respondent State Government vide G.O.Ms.No.4, DT: 12.01.2022; and

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b) Directing the 2^nd respondent university to conduct 3^rd phase counselling or additional Phase counselling for seat allocation to the In-service candidates in respect of In-service quota seats in NEET Post Graduate Medical Courses for the academic year 2021-2022;

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c) Consequently permit the petitioners to vacate SLIDE from the seats allotted to them in 1^st and 2^nd counselling; and permit the petitioners to take the Post Graduate Medical seats as allotted in the ensuing additional phase counselling; and further be pleased to pass any such other further order or orders as deemed fit and proper in the circumstances of the case."

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The petitioners herein are the Medical Officers working in the Department of Health, Medical and Family Welfare, Government of Andhra Pradesh. The petitioners herein appeared for NEET-PG Examination, 2021-22. The cause of action for the petitioners herein is a notice dated 12.03.2022 issued by the National Board of Examinations in Medical Sciences, New Delhi. By way of the said notice, the National Board issued revised qualifying cut-off scores for such NEET-PG Examination, 2021. According to the petitioners, with the reduction in percentage, the petitioners herein would get the required number of marks to get qualified in the NEET-PG Examination. It is the submission of the learned counsel for the petitioners that in view of the omission of clause (b) of sub-rule (2) of Rule 3 of G.O.Ms.No.4, Health, Medical and Family Welfare (C1) Department, dated 12.01.2022, the action of the respondents in converting the seats intended for In-service candidates to the general pool cannot be sustained.

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When the matter is taken up, instructions furnished by respondent No.2-University authorities are placed on record. Paragraph Nos.2 to 6 of the said instructions read as under:

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"2. In this connection it is submitted that Dr.NTR UHS has conducted two counsellings i.e., Phase-I and Phase-II for In-service candidates. The Final/Phase-II counselling for In-service candidates was held on 21.02.2022.

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It is submitted that as per G.O.Ms.No.4, dt.12.01.2022 the clause (b) in the sub rule (2) of rule (3) of G.O.Ms.No.260, dt.10.07.1997 is omitted. It is submitted that as the clause (b) is omitted, the G.O.Ms.No.88, dt.21.05.2014 shall holds good. As per Rule II of (xvi) the vacant In-service seats shall be added to Non-service seats before the commencement of the 2^nd counselling for Non-service seats. The rules is clearly submitted below.

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(xvi) After completion of the final Counselling for service seats, the unfilled service seats shall be identified for its original category in the seat matrix of the service seats and shall be added to the nonservice seats before commencement of the second counselling for non-service seats.

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It is submitted that, University has converted the vacant In-service seats of its original category in the Seat matrix, the Phase-II counselling of Non-service candidates was held on 03.03.2022. The selected Non-service candidates of Phase-II have already reported at the allotted colleges as the last date reporting was 09.03.2022.

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After converting the vacant In-service PG (Medical seats to Non-service seats of its original category in the Seat matrix, the Phase-II counselling of Nonservice candidates was held on 03.03.2022. The selected Non-service candidates of Phase-II have already reported at the allotted colleges as the last date reporting was 09.03.2022.

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Now University has already obtained options for Phase-III and the results are about to be released for the vacant PG (Medical) seats and the process is going actively with the Selection Committee members. The entire admission process for PG (Medical) courses should be completed as per NMC, New Delhi cut-off dates."

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It is very much clear from a reading of the above instructions that in accordance with G.O.Ms.No.88 dated 21.05.2014, the respondents after completion of the second round of counselling have converted the vacant seats earmarked for In-service candidates into general pool. It is also clear from the above instructions that further steps have already been taken. A common order passed by this Court W.P.No.1081 of 2021 and batch dated 29.01.2021 is placed on record by the learned Standing Counsel for respondent No.2-University. It is clear from the said order that when a similar issue came up before this Court, this Court turned down the request of the petitioners therein. Accordingly, at this advanced stage, this Court is not inclined to entertain the present Writ Petition.

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Accordingly, this Writ Petition is dismissed. There

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shall be no order as to costs of the Writ Petition.

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As a sequel, interlocutory applications pending, if any, in this Writ Petition shall stand closed.

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___________________ A.V.SESHA SAI, J

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___________________________ RAVI CHEEMALAPATI, J

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Date: 16.03.2022 siva

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION No.6781 OF 2022

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Date: 16.03.2022

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siva

Dr Zabiullah MD v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Dr Zabiullah MD v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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