Allowed

Meka Naga Hemanth Chowdary v. the State of Ap

Andhra Pradesh HC5 Sept 2023WP/23277/2023

Case brief

AI extract

What is this about?

In a writ petition and interim application challenging non-consideration for NEET counseling due to inability to fill online forms, the Court directed the university to accept the petitioner's physical application form submitted within one week and dispose of the petition without costs.

What did the court decide?

Respondent No. 2 directed to accept petitioner's physical application form if submitted within one week; Writ Petition disposed of without costs.

Meka Naga Hemanth Chowdary Vs the State of Ap — Education and Admissions | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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

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PRESENT

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

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THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION NO: 23277 OF 2023

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Between: Meka Naga Hemanth Chowdary, S/o. Meka Satish Kumar Aged about 19 years. student, R/o. SF3, Maheswari Towers, West Ibrahimpatnam, Ibrahimpatnam, Krishna District.

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...PETITIONER

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AND

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The State of AP, Rep. by its PrI. Secretary, Medical and Health Family, Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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Dr. Y.S.R. University of Health Sciences, Rep. by its Registrar, N.H.-16, Service Road, Gunadala, Vijayawada, Krishna District.

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The Chairman (Selection Committee), NEET UG. Medical Examinations’ 2023, Dr. Y.S.R. University of Health Sciences, Vijayawada, ...RESPONDENTS Krishna District.

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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 appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of 2nd Respondent in not considering the Petitioner's Candidature for the (On-line/offline) Counseling and Admission into MBBS/BDS course under Category 'B & 'C and MOPUP' for the Academic Year 2023-24 as illegal, irregular, arbitrary, unconstitutional and against to Principles of Natural Justice, and in violation of Articles 14, 19. 21 of the Constitution of India, consequently direct the Respondents to consider and include the name of the Petitioner in the ongoing and upcoming Phases of (On-line/off-line) counseling for admission into MBBS/BDS course under Category B & C. and MOPUP' for the Academic Year 2023-24.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to consider and include the name of the Petitioner in the ongoing and upcoming Phases of (On-line/off-line) counseling for admission into MBBS/BDS course under Category 'B and 'C and MOPUP' for the Academic Year 2023-24 pending disposal of writ petition in the interest of justice.

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Counsel for the Petitioner: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent No.1 : GP FOR MEDICAL HEALTH AND FAMILY

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WELFARE

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Counsel for the Respondent Nos.2 & 3 : SRI G. VIJAY KUMAR, SC FOR YSR HEALTH UNIVERSITY

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE A.V. SESHA SAI as THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P. No.23277 OF 2023

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ORDER: (per A. V. Sesha Sai, J)

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

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

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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

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the form online, he is being ignored affecting his rights and career.

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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.

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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.

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Accordingly, Writ Petition is disposed of. No order as to costs.

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7.
As a sequel, Interlocutory Applications, if any, pending in
this case, shall stand closed.
Sd/- SHAIK MOHAMMED RAFI
ASSISTANT REGISTRAR
//TRUE COPY//
SEC OFFICER
To,
1. The Principal Secretary, Medical and Health Family Welfare Department.
State of Andhra Pradesh, Secretariat. Velagapudi, Amaravathi, Guntur
District.
2. The Registrar, Dr. Y.S.R. University of Health Sciences, N.H.-16. Service
Road. Gunadala, Vijayawada, Krishna District.
3. The Chairman (Selection Committee), NEET UG. Medical Examinations-
2023, Dr. Y.S.R. University of Health Sciences, Vijayawada, Krishna District.
4. Two CCs to GP for Medical Health and Family Welfare, High Court of Andhra
Pradesh. [OUT]
5. One CC to Sri G. Vijay Kumar, SC for YSR Health University (OPUC)
6. Two C.D. Copies
Cnr .
gl

HIGH COURT

DATED:05/09/2023

ORDER

WP.No.23277 of 2023

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0 5 SEP 2W3
Section

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DISPOSING OF THE W.P. WITHOUT COSTS

Meka Naga Hemanth Chowdary v. the State of Ap

Case brief

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Meka Naga Hemanth Chowdary v. the State of Ap

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