Datla Srujan Bhupati Varma Vs the State of Ap

DATLA SRUJAN B HUPATI VARMA, S/O. DATIA SAT Y ANARAYANA RAJU, AGED ABO U T 23 YEARS, OCC I YEAR MBBS ( 2021 BATCH), R/O. H.NO. 1-9 1 , RAVIKAMATHAM MANDAL, GUDIWADA, VISAKHAPATNAM, ANDHRA PRADESH-531025.

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...PETITIONER

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AND

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THE STATE OF A P , REP. BY ITS PRINCIPAL SECRET A RY, HEALTH, MEDICAL AND F A MILY WELFARE DEPARTMENT, S ECRETARIAT BUILDINGS, AMA R AVATI, GUNTUR DISTRICT, ANDH R A PRADESH.

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THE NATIONAL M E DICAL COMMISSION, REP BY ITS SECRETARY, SATARKTA BHA W AN, G.P.O. COMPLEX, BLOCK A, INA, NEW DELHI-110023.

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DR N T R UNIV E RSITY OF HEALTH SCIENCES, REP. BY ITS REGISTRAR VIJ A YAWADA, N.T.R. DISTRICT, ANDH R A PRADESH520008.

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THE CONTROLLE R OF EXAMINATION, DR. N.T.R. U N IVERSITY OF HEALTH SCIENC E S, NTR DISTRICT, ANDHRA PRAD E SH.

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THE PRINCIPAL, G UNTUR MEDICAL COLLEGE, GUN T UR, GUNTUR DISTRICT, ANDHR A PRADESH.

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...RESPONDENT(S):

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2

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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 a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondent no.4 in issuing the impugned letter in Ref. NO.1102/EIC/MBBS/2025, dated 25.08.2025 in rejecting the representation of the petitioner dated 13.08.2025 seeking an extra attempt in addition to four attempts to appear in the MBBS I year supplementary examinations scheduled from 16.09.2025 with a grant of additional compensatory time of 30 minutes in view of the benchmark disability as a reasonable accommodation in terms of Section 2(y) of the Right of Persons with Disabilities Act, 2016, as against the Guidelines issued regarding admission of students with Specified Disabilities under the right of persons with disability Act 2016, with respect to admission in MBBS course and the said action of the authorities is illegal, unjust, unfair, arbitrary and being in violation of the Fundamental Rights of the petitioner guaranteed under Article 14, 19, and 21 of the Constitution of India besides being in violation of the Judgment of the Hon'ble Apex Court in Vikash Kumar Vs. Union Public Service Commission and Ors, MANU/SC/0067/2021 and consequently set aside the impugned letter in Ref. No.1102/EIC/MBBS/2025, dated 25.08.2025 issued by the respondent no.4 duly directing the respondents to provide an extra attempt to appear in the MBBS I year supplementary examinations scheduled from 16.09.2025 with a grant of additional compensatory time of 30 minutes in view of the benchmark disability as a reasonable accommodation in terms of Section 2(y) of the Right of Persons with Disabilities Act, 2016 and to pass

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IA NO: 1 OF 2025

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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 suspend the impugned letter in Ref. No.1102/EIC/MBBS/2025, dated 25.08.2025 in terms of Section 2(y) of the Right of Persons with Disabilities Act, 2016 and the judgment of the Hon'ble Apex Court in the case of Vikash Kumar Vs. Union Public Service Commission and Ors, MANU/SC/0067/2021dulygranting an extra attempt to appear in the MBBS I year supplementary examinations scheduled from 16.09.2025 with a grant of additional compensatory time of 30 minutes pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.JADA SRAVAN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH FW

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3

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The Court made the following order: