The High Court allowed a writ petition challenging the exclusion of a petitioner from MBBS/BDS counseling due to the inability to submit a form online. The court directed the university to accept physical submissions within one week.
Directed respondent university to accept the petitioner's physical application form before R-2 within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE A V SESHA SAI and
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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 23191 OF 2023
Muldha S Dio Subba Reddy C B Aged about 19 years, Student, R/o Ward No.9 2"'’ Division, 6pp. Water Rajanna House, Chintamani Chikkaballapur,
2. DrY.S^.R.LJnfversity of Health Sciences, represented by its Registrar,
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 omd rect on declaring the action of the 2"“ and 3"* 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 academei year 9023-24 as illeqal arbitrary, unconstitutional and consequently direct the XondenX .SJSr and^nolude the name of the Petitioner’s in the ong„,ng counselling for Admission Into MBBSWS course “nder B-Mangement Category Quota and C-NRl Category Quota for the academic year 2023-24.
lA NO: 1 OF 2023
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 2"’ and S"' respondents to permit the petitioner for on going counseling under B-Management Category Quota & C-NRI C^ory Quote for admission of MBBS/BDS course tor the academic year 2023-24 pending disposal of writ petition.
SSS £ SXtei'opVo^S^d^hSandfamilywelfare
counsel for the Respondents: SRI ° ™ ^XerSITY
The Court made the following: order
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THE HON’BLE SRI JUSTICE A.V. SESHA SAI & THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P. No.23191 OF 2023
ORDER: (per A. V. Sesha Sai, J)
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 Counsel for the respondent Nos.2 85 3.
2. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.
3. The petitioner claims that she 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- Categoiy (Management Quota), for which the last date prescribed by the respondent No.2 - Dr. Y.S.R. University of Health Sciences was 27th July, 2023. She also claims that even when she is desirous of participating in the counselling process, only on account of inability to fill up
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2
the form online, she is being ignored affecting her rights and career.
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**** i
Sd/- SHAIK MOHAMMED RAFI
ASSISTANTREGISTR^
//TRUE COPY//
SECTIONOFFICER
^°’l The Principal Secretary, Medical and Health Family Welfare Depa^ent,
State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur
2. Th^R^istrar, Dr.Y.S.R.University of Health Sciences, Vijayawada, Krishna
3. The Convenor, MBBS/BDS-2023 Clo. Dr.Y.S.R.University of Health Sciences.
4. One^CcTto^ri'GVsKa'Jkurnar^^^^
88s^®^P®f^’a'Sea®h I’pamwTHTh Coortof^^
Pradesh. [OUT]
7. Two CD Copies
RAM V
HIGH COURT
DATED:05/09/2023
ORDER
WP.No.23191 of 2023
S 0 5 SEP 2023
DISPOSING OF THE WP WITHOUT COSTS
2 issues framed by the court
Whether the petitioners cannot participate in the ongoing counseling for admission into MBBS/BDS courses.
Whether physical submission of the application form is permitted after the online deadline.
Colour shows how this judgement treated each authority
UnspecifiedReferred¶34
W.P.No.4254 of 2022
UnspecifiedReferred¶34
W.P.No.3387 of 2022
2 provisions across 2 enactments
Muldha S Dio Subba Reddy
State of Andhra Pradesh
Dr. Y.S.R. University of Health Sciences
A. V. Sesha Sai
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
