Remanded

Deverapalli Rajyalakshmi v. the State of Ap

Andhra Pradesh HC8 Sept 2023WP/23599/2023

Case brief

AI extract

What is this about?

Court disposed of a writ petition challenging the revision of PG medical admission notifications. It directed the university to accept the petitioner's application for revised counselling within one week.

What did the court decide?

Directing the 3rd respondent-university to accept the petitioner's application form for revised counselling within one week, subject to payment of charges.

Deverapalli Rajyalakshmi Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY .THE EIGHTH DAY OF SEPTEMBER

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TWO THOUSAND AND TWENTY THREE

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PRESENT

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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: 23599 OF 2023

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Between:

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Deverapalli Rajyalakshmi, D/o. Santhi Vardhan, Aged 36 years, R/o.LIG-28, D.No. 10-53-292, Ramnagar Quarter, Near Seven Hills Hospital, Visakhapatnam530002

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...PETITIONER

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AND

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The State of AP, rep. by the Principal Secretary Department of Health, Medical and Family Welfare, Secretariat Buildings. Velagapudi Guntur District, Andhra Pradesh

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National Health Medical Commission, Rep. by the Board of Governors through its Joint Secretary, Pocket-14, Sector-8, Dwaraka Phase-1, New Delhi-110077, INDIA. (Email. [email protected]).

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Dr.YSR University of Health Sciences, rep, by its Registrar, Vijayawada, NTR District.

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tf.The Andhra Medical College, Rep., by its Prihcipal/Additional Director of Medical Admission, Visakhapatnam.

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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 writ order of direction more particularly one in the nature of Writ of Mandamus declaring the impugned revised phase-1 notification for web options, PG Medical admissions 2023-24, competent authority quota issued by 3^ respondent dt.01-09-2023 which was not communicated, informed to my email id or to my mobile number i.e., 9160871114, for the utilizing.revised phaseI notification web options, PG Medical admissions 2023-24, competent authority quota issued by 3"* respondent dt.OV09- 2023 though the got MD Radio Therapy PG Seat in earlier selection under RC No. 1375/52/2023 dt.28-08-2023 issued by 4* respondent with the selection intimation of 3^*^ respondent intimation dt. 24-08-2023 is Arbitrary, illegal, against to the Principles Of Natural Justice, and contrary to the Articles 14, 19(i)<g), of the Constitution of India and pray consequently to quash the impugned revised phase-1 notification web options, PG Medical admissions 2023-24, competent authority quota issued by 3’’'^ respondent dt.01-09-2023, to direct all the respondents to restore earlier allotted PG MO Radio Therapy to direct all the respondents to create or sanction one MD

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PG Radio Therapy seat to the petitioner in case restoration of the petitioner’s PG earlier sanctioned seat is not possible and to direct respondents to pay the compensation to the petitioner for her mental agony, due to wrongs committed by the respondents.

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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 grant stay of revised phase-l notification dt.01-09-2023 issued by 3rd respondent including its continuous PG medical Seats admission procedure pending disposal of the main writ petition.

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Counsel for the Petitioner: Dr MAJJI SURI BABU

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

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Counsel for the Respondent No.3 : SRI. G. VIJAYA KUMAR, SC FOR Dr. Y.S.R. UNIVERSITY OF HEALTH SCIENCES

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The Court made the following: ORDER

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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.23599 of 2023

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ORDER;- (per Hon’ble Sri A.V. Sesha Sai, J)

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Heard Sri Dr. Majji Suri Babu, learned counsel for the petitioner and Sri G. Vijay Kumar, learned Standing Counsel for the 3’’^ respondent-Dr.Y.S.R.University of Health Sciences.

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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 herein, who is a doctor appeared for NEET PG Examination-2023 and she secured All India Rank 28284. In response to the Notification issued by the Srd respondent-university, dated 21.07.2023, the petitioner herein exercised web option and during the Phase-I of counselling, she secured a seat in the 4* respondentAndhra Medical College, Visakhapatnam, which is evident from the proceedings vide Rc.No.l375/S2/2023, dated.

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AVSS.J a RRR.J W.P.No.23599 of 2023

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28.08.2023 and pursuant to the said allotment of seat, the petitioner joined in the 4th respondent-College.

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While the things stood thus, vide notification, dated 31.08.2023, the 3^^ respondent- Dr.Y.S.R. University of Health Sciences, cancelled the Phase-I counselling, in which the petitioner secured a seat. In the above background, because of non-communication of , -the cancellation of Phase-1 counselling, the petitioner herein could not apply for next Phase of counselling of PG. It is also brought to the notice of this Court that the revised Phase-I Notification came to be issued on 01.09.2023. But, due to the above reasons, the petitioner herein could not avail the opportunity of applying for the revised Phase of counselling.

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Learned Standing Counsel appearing for the 3*^ respondent-university contended that the petitioner has to verify the Website regularly, and the question of communication of information as regards cancellation of Phase-I of counselling, would not arise.

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3 AVSS.J a RRR.J W.P.No.23599 of 2023

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6. This contention is not tenable as the fact remains that the petitioner had secured a seat in Phase-I of counselling and she cannot be expected to verify the subsequent notifications, if any again and again.

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7. Lastly, learned Standing Counsel for the 3rd respondent-university submits that Phase-II of counselling IS shortly commencing and notification will be issued to. that effect and in response to the same, the petitioner herein can apply.

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In view of the aforesaid reasons and recording the said submissions,s,uomissions, thetne WritWrit PetitionPetition iis disposed of directing the 3*-d respondent-university to accept the application form of the petitioner physically, if the same is submitted before the respondent No.3 Dr. Y.S.R. University of Health Sciences, within a period of one (01) 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.3 - Dr. Y.S.R. University of Health Sciences, upon which, the case may be considered in accordance with the admission procedure and

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AVSS.J a RRR.J W.P.No.23599 of 2023

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Regulation in force, in the ensuing counselling. No order as

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to costs.

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Pending miscellaneous applications, if any, shall

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stand closed.

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Sd/- M.S.V. NAVEEN CHANDRA DEPUTY REGISTRAR

irXRUECQPNII

SECTION OFFICER

To,

t. The Principal Secretary Department of Health, Medical and Family Welfare, State of AP, Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh

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The Joint Secretary, Board of Governors, National Health Medical Commission, Pocket-14, Sector-8, Dwaraka Phase-1, New Delhi-110077, INDIA. (Email; [email protected]).

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The Registrar, Dr.YSR University of Health Sciences,., Vijayawada, NTR District.

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The Principal/Additional Director of Medical Admission, Andhra Medical College, Visakhapatnam.

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One CC to Dr Majji Suri Babu Advocate [OPUC]

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

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

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Two CD Copies Sdkr

Sdkr

HIGH COURT

DATED:08/09/2023

o 0 8 SEP 2023 '

ORDER

WP.No.23599 of 2023

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DISPOSING THE WP WITHOUT COSTS

Deverapalli Rajyalakshmi v. the State of Ap

Case brief

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Deverapalli Rajyalakshmi v. the State of Ap

Case brief

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