Allowed

Vanama Joleena Feonika v. the State of Ap

Andhra Pradesh HC6 Sept 2023WP/23413/2023

Case brief

AI extract

What is this about?

Minor petitioner sought writ direction for physical submission of counseling form for MBBS/BDS admission despite online deadline passed. Court directed respondent university to accept physical form within one week if submitted.

What did the court decide?

Directed respondent Dr. Y.S.R. University to accept petitioner's physical application form within one week if submitted with requisite charges.

Vanama Joleena Feonika 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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WEDNESDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON’BLE SRI JUSTICE A V SESHA SAI AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT PETITION NO: 23413 OF 2023

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Between:

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Vanama Joleena Feonika, D/o.Vanama Bala Vajra Babu, Aged about 17 yrs Occ Student, being minor rep by her Natural Gaurdian Father Vanama Bala Vajra Babu S/o.Late Dasu, Hindu, aged about 50 yrs, Rio. Flat G, Block B. S.L.Grand Apartments, Ratnapuri Colony, Amravati Rd, Guntur Dist

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...Petitioner

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AND

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Andhra Pradesh, represented by It's Principal Secretary, Medical GuSurWst Welfare Department. Secretariat, Velagapudi, Amaravathi,

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

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TheSciences, An Convenor, \ Vijayawada. /((.MB MBBS/BDS-2023. a Krishna ______ ____ District _ C/o. a • < Dr.Y.S.R University * of Health

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...Respondents

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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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the .action of the 2nd and 3rd respondents in not considering the petitioner for counseling/admission into MBBS/BDS Qourse under B 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, in the ongoing counseling for admission into MBBS/BDS course under B category Quota 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 petition, the High Court may be pleased to direct the respondents to receive the physical form from the petitioner for

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counseling of B Category MBBS/BDS course for the academic year 2023-24 pending disposal of writ petition in the interest of justice.

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Counsel for the Petitioner: M/s MARUPILLI SARADA

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Counsel for the Respondent No.1: GP FOR MED HEALTH & FAMILY WELFARE

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Counsel for the Respondents 2 & 3: SRI G.VIJAYA KUMAR, SC for Dr. YSR UNIVERSITY

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The Court made the following: order

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F ■

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

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W.P. No. 23413 OF 2023

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ORDER; ^er A. V. Sesha Sai, J)

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Service of notices waived by the learned Government Pleader for Medical, Health 8b Family Welfare for the respondent No: 1 and Sri. G. Vijaya Kumar, learned Standing Counsel for the respondent Nos.2 & 3.

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

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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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the form online, she is being ignored affecting her 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

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to costs.

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As a sequel, Interlocutory Applications, if any, pending in this case, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR

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//TRUE COPY//
X/SECTION OFFICER
To.
1. The Principal Secretary. Medical AND Health Family Welfare Department,
State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur Dist.
2. The Registrar, Dr.Y.S.R.University of Health Sciences, Vijayawada, Krishna
District. . ■
3. The'Gohvenor,’ MBBS/BDS-2023, C/o. Dr.Y.S.R University of Health
^Sciences. Vijayawada, 'Krishna District.
4.^'Pne CC to M/s Marupilli Sarada, Advocate [OPUC]
5.^\0ne CC to G.Vijaya Kumar, SC for Dr. YSR University [OPUC]
6. fyvp CCs to GP for Medical Health & Family Welfare, High Court of Andhra
7. Two Cd Copies
RAM

****

HIGH COURT

DATE0:06/09/2023

0 6 SEP 2023

ORDER

WP.No.23413 of 2023

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DISPOSING OF THE WP WITHOUT COSTS

Vanama Joleena Feonika v. the State of Ap

Case brief

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Vanama Joleena Feonika v. the State of Ap

Case brief

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What did the court decide?

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