Allowed

Bevara Satya Harsha v. the State of Andhra Pradesh

Andhra Pradesh HC5 Sept 2023WP/23189/2023

Case brief

AI extract

What is this about?

High Court directed a medical university to accept the petitioner's MBBS counseling application physically for the B-Management and C-NRI quotas if submitted within one week, relying on precedents allowing physical submission.

What did the court decide?

Petitioner was permitted to submit the application form physically within one week for consideration in the admission process.

Bevara Satya Harsha Vs the State of Andhra… — Education and Admissions | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

TUESDAY ,THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

¶4

5®
r**

¶5

PRESENT

¶6

THE HON’BLE SRI JUSTICE A. V. SESHA SAI AND THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 23189 OF 2023

¶7

Between:

¶8

Bevara Satya Harsha, S/o Venkata Ramana Aged about 19 years. Student, R/o D.No.4-82, N.N.Colony, Karlemma, Srikakulam, Srikakulam district.

¶9

...PETITIONER

¶10

AND

¶11

The State of Andhra Pradesh, represented by its Principal Secretary, Medical and Health Family Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur district.

¶12

Dr.Y.S.R.University of Health Sciences, represented by its Registrar, Vijayawada, Krishna district.

¶13

The Convenor, MBBS/BDS-2023 C/o. Dr.Y.S.R.University of Health Sciences. Vijayawada, Krishna district.

¶14

...RESPONDENTS

¶15

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus or any other appropriate writ or direction declaring the action of the 2nd and 3rd respondents in not considering the petitioner for counseling and admission into MBBS/BDS course under B- Management Category Quota and C-NRI Category Quota for the academic year 2023-24 as illegal, arbitrary, unconstitutional and consequently direct the respondents to consider and include the name of the petitioner's in the ongoing counseling for Admission into MBBS/BDS course under B-Management Category Quota and C-NRI Category Quota for the academic year 2023-24.

¶16

lA NO: 1 OF 2023

¶17

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 and 3rd respondents to permit the petitioner for participating in the ongoing counseling under B-Management Category Quota and C-NRI Category Quota for admission of MBBS/BDS course for the academic year 2023-24 pending disposal of writ petition.

¶18

Counsel for the Petitioner: SRI. G V S MEHAR KUMAR Counsel for the Respondent 1: GP FOR MEDICAL HEALTH & FAMILY

¶19

WELFARE

¶20

Counsel for the Respondents 2&3: SRI. G. VIJAVA KUMAR, SC FOR Dr. Y.S.R. UNIVERSITY OF HEALTH SCIENCES The Court made the following: ORDER

¶21

¶22

¶23

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

¶24

THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶25

W.P. No.23189 OF 2023

¶26

ORDER: fe>er A. 7. Sesha Sai, J)

¶27

Service of notices waived by the learned Government Pleader for Medical, Health & Family Welfare for the respondent No. 1 and Sri G.Vijaya Kumar, learned Standing I Counsel for the respondent Nos.2 & 3.

¶28

With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

¶29

3. The petitioner claims that he had participated in the National Eligibility-cum-Entrance Test (NEET) for U.G. Course for the Session 2023-2024 and required to fill up an application form for online counselling under the B- Category (Management Quota), for which the last date prescribed by the respondent No.2 - Dr. Y.S.R. University of Health Sciences was 27^^ July, 2023. He also claims that even when he is desirous of participating in the counselling process, only on account of inability to fill up.

¶30

¶31

the form online, he is being Ignored afTecting his rights and

¶32

career.

¶33

Reliance is placed upon orders passed in W.P.No.4254 of 2022 and 3387 of 2022, wherein in similar situation, the Court was pleased to permit the candidates to submit the form in physical form.

¶34

Be that as it may, we direct the respondent No.2 - Dr. Y.S.R. University of Health Sciences, to accept the application form of the petitioner physically, if the same is submitted before the respondent No.2 - Dr. Y.S.R. University of Health Sciences, within a period of one week. The petitioner shall also pay all other requisite charges as required to be paid in accordance with the requirement of the notification issued by the respondent No.2 - Dr. Y.S.R. University of Health Sciences, upon which the case may be considered in accordance with the admission procedure and Regulation in force.

¶35

Accordingly, Writ Petition is disposed of. No order as

¶36

to costs.

¶37

¶38

7. As a sequel, Interlocutory Applications, if any, pending in

¶39

this case, shall stand closed.

¶40

Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTBAR //TRUE COPY// SEC N OFFICER

¶41

To,

¶42

****

¶43

The Principal Secretary. -Medical and Health Family Welfare Department , State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.

¶44

The Registrar, Dr.Y.S.R.University of Health Sciences, Vijayawada, Krishna District.

¶45

The Convener, MBBS/BDS-2023 C/o. Dr.Y.S.R.University of Health Sciences. Vijayawada, Krishna District.

¶46

One CC to Sri. G.V.S. Mehar Kumar, Advocate [OPUC]

¶47

Two CCs to GP for Medical Health & Family Welfare, High Court of Andhra Pradesh. [OUT]

¶48

One CC to Sri. G. Vijaya Kumar, SC for Dr. Y.S.R. University of Health Sciences [OPUC]

¶49

Two CD Copies. Sdkr

Sdkr

HIGH COURT

OATED:05/09/2023

ORDER

WP.No.23189 of 2023

¶56

0 S SEP 2023
PAT C

¶57

DISPOSING OF THE WP WITHOUT COSTS

Bevara Satya Harsha v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bevara Satya Harsha v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sura Gangireddy Vs The State of Andhra Pradesh

Saripudi Venkata Krishnaiah at Venkata Krishna Rao Vs the State of Ap

R Marthamma Vs the Forest Section Officer

Shaik Ali Murthuza Vs the Principal Secretary

Dugga Alias Duggi Vijaya Lakshmi Vs the State of Ap

R v Subhash Chandra Bose Vs the State of Andhra Pradesh