Allowed

Namballa Sneha Priya v. the State of Ap

Andhra Pradesh HC6 Sept 2023WP/23491/2023

Case brief

AI extract

What is this about?

The High Court accepted the petitioner's claim of inability to submit an online application for MBBS counseling due to technical failure. It directed the University to accept the physical form if submitted within one week, relying on prior judgments allowing similar petitions.

What did the court decide?

The University is directed to accept the petitioner's application form in physical mode if submitted within one week.

Namballa Sneha Priya 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

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PRESENT

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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AND

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THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO

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WRIT PETITION NO: 23491 OF 2023

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Between:

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Namballa Sneha Priya, D/o Namballa Venugopala Rao. Aged, about 18 years, R/o 1- 269, Ungalavalasa Colony, Lingalavalasa, Srikakulam.

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...Petitioner

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AND

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1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical, Health and Family Welfare Dept. Velagapudi, Guntur District.

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2. Dr. YSR University of Health Sciences, Near Siddhartha Medical College, Beside New Government General Hospital, Near Ramavarappadu, Vijayawada, Krishna Dist. Andhra Pradesh, Rep. by its Registrar.

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3. The Convenor, MBBS/BDS-2023, C/o Dr. YSR University of Health Sciences, Vijayawada, Krishna Dist.

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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 any appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2"‘^ and 3^^ Respondent University in not permitting and not considering the petitioner application for admission/ counseling into MBBS Course under management (BCategory) quota being the petitioner is fully qualified to pursue MBBS Course for the academic year 2023-24 as the same is illegal, arbitrary, unconstitutional and consequently direct the 2"'’ and 3^^ Respondent to consider the application of the Petitioner for ongoing counseling and admission into MBBS Course under management (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 2"^ and 3^' Respondent to consider the application of the Petitioner for ongoing counseling and admission into MBBS Course under management (B-

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Category) for the academic year 2023-24, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI M.KARIBASAIAH

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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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’c

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THE HONOURABLE SRI JUSTICE A V SESHA SAI AND

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT PETITION NO.23491 of 2023

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ORDER;- (per Hon’ble Sri 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 8b 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 she had participated in the National Eligibility-cum-Entrance Test (NEET) for U.G. Course for the Session 2023-2024 and was 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 10^^ August, 2023. She also claims that even when she is desirous of participating in the counisefiing process, only on account of inability to fill up

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AVSS.J 6 RRR,J W.P.No.23491 of 2023

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the form online, she is being ignored affecting her rights

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and career.

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• 4. 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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AVSS.J a RRR,J W.P.No.23491 of 2023

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Pending miscellaneous applications, if any, shall

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stand closed.

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Sd/-SHAIK MOHD RAFI
ASSISTANT REGISTRAR
//TRUE COPY//
To, y^SECTION OFFICER
1.
Family We.are Dept, Stale o,
2.
3 Krishna Dist. Andhra P?Xsh
' UniversX^rHeaKh Sdences,
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HIGH COURT

DAtED;06/09/2023

ORDER

a 0 6 SEP 2023

WP.No.23491 of 2023

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DISPOSING OF THE WP WITHOUT COSTS

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Namballa Sneha Priya v. the State of Ap

Case brief

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Namballa Sneha Priya v. the State of Ap

Case brief

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