Allowed

Karan Rathod v. the State of Ap

Andhra Pradesh HC8 Sept 2023WP/23641/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition by a candidate seeking admission to MBBS/BDS. Directing the university to accept a physical application form if submitted within one week, alongside payment of requisite charges, the court disposed of the petition.

What did the court decide?

Directed respondent to accept petitioner's physical application form if submitted within one week, subject to payment of charges.

Karan Rathod Vs the State of Ap — Education and Admissions | Andhra Pradesh HC (2023)

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^^«'^%. V**

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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 TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE A. V. SESHA SAI 1 AND

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THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION NO: 23641 OF 2023

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Between:

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Karan Rathod, S/o Pandurangji Rathod. Aged about 20 years. Student R/o AT Kinhala. T.A. Kalamb. Yavatmal District. Maharashtra-445323.

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...PETITIONER

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AND

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The State of Andhra Pradesh. 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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Committee). NEET UG. Medical Examinations-

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1. Dr. Y.S.R. University of Health Sciences. Vijayawada. Krishna District.

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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 J’S"’'’!?®*® ®’' «”«ction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of 2"'^ Respondent in not considering the Petitioner's Candidature for the (On-line/off!?®^ Admission into MBBS/BDS course under Category ‘B’ and .Academic Year 2023-24 as illegal, irregular, arbitrary, unconstitutional and against to Principles of Natural Justice, and in violation of A^'cles 14 19, 21 of the Constitution of India, consequently direct the Respondents to consider and include the name of the Petitioner in the ongoing MRRq/Rno’'"® Phases of (On-line/off-line) counseling for admission into Yaa^ 909^ of®''''®® 'B' and ‘C and MOPUP' for the Academic Tear zuzJ-24.

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lA NO: 1 OF 2023

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in tho 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 consider and include the name of the Petitioner in the ongoing and upcoming Phases of (On-line/off-line) counseling for admission into

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sassjsisxa

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Counsel for the Petitioner; SRI. NARASIMHA RAO GUDISEVA

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WELFARE ' "•*«-“ 1 for medical HEALTH « FAMILY**

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SSwE^aA^o1= hS^^e^ck’’'- '"•’* ®‘= '=0'’ YS.R.**

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE A V SESHA SAI

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AND

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT PETITION NO.23641 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 85 Family Welfare for the respondent No.l 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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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 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. 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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AVSS.J & RRR,J W.P.No.23641 of 2023

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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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AVSS.J & RRR,J W.P.No.23541 Of 2023 .

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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
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HIGH COURT

DATEO:08/09/2023

ORDER

“8 SEP 2023

WP.No.23641 of 2023

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DISPOSING THE WP WITHOUT COSTS

Karan Rathod v. the State of Ap

Case brief

What is this about?

What did the court decide?

Karan Rathod v. the State of Ap

Case brief

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What did the court decide?

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