Dismissed

Kum.P.Sujitha, v. The Convenor, EMCET-2007 Sit BUilding

Telangana HC3 Jun 2009WP/20501/2007

Case brief

AI extract

What is this about?

The petitioner sought admission in the Physically Handicapped quota for the MBBS course, claiming a 50% disability. After a court-directed reassessment by a Medical Board confirmed 30% disability, the High Court dismissed the writ petition, holding interference unwarranted and noting the academic year had expired.

What did the court decide?

No costs awarded; no direction for admission granted due to insufficiency of disability proof and expiration of the academic year.

Kum.P.Sujitha, Vs The Convenor, EMCET-2007 Sit… — Education and Admissions | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20501 of 2007

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Between:

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Kum.P.Sujitha, D/o Subbarayudu, r/o D.No.3/605-10, YMR Colony, Proddatur, Kadapa District.

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..... PETITIONER

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AND

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1 The Convenor, EMCET-2007 SIT Building, J.N.T.University, Kukatpally, Hyderabad.

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2 The Registrar, Dr.N.T.R.University of Health Sciences, Vijayawada-520 008, A.P.,

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3 The Vice-Chancellor, Dr.N.T.R.University of Health Sciences, Vijayawada-520 008.A.P.,

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will 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 respondents in not considering the candidature of the petitioner for the admission into MBBS course for the year 2007, under the quota earmarked for Physically Handicapped candidates, basing on the rank got in EMCET-2007 though she is fully qualified and eligible for the said admission is as illegal, arbitrary, unjust and against the principles of natural justice, consequently directing the respondents to consider the petitioner for the admission into MBBS course for the year 2007 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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Counsel for the Petitioner:MR.G.JAGADEESWAR

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Counsel for the Respondent No.: MR.K.RATHANGA PANI REDDY

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The Court made the following :

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THE HON'BLE MS JUSTICE G. ROHINI WRIT PETITION No. 20501 of 2007

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ORDER:

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This writ petition is filed seeking a declaration that the action of the respondents in not considering the candidature of the petitioner for admission into MBBS course for the year 2007 under the quota earmarked for Physically Handicapped candidates as arbitrary and illegal.

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The petitioner claims that her disability as certified by the Regional Medical Board S.V.R.R.Hospital, Tirupathi is 50% and therefore, she is entitled for admission into MBBS course under the Physically Handicapped Quota. However, by the memo dated 20.8.2007, the 2^nd respondent informed the petitioner that as per the Medical Board constituted by the competent authority Dr.NTR University of Health Sciences, the petitioner’s inability was 30% and therefore, she was not eligible for admission under the Physically Handicapped Quota. Aggrieved by the same, the petitioner filed the present writ petition.

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This Court, by order dated 01.10.2007, directed the 2^nd respondent to forthwith convene the Medical Board and

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reassess the petitioner for the handicap claimed by her duly recording the reasons and parameters for certifying the handicap to the extent of 30%. In compliance with the said order, the Vice-Chancellor, Dr.NTR University of Health Sciences, Vijayawada has constituted the Medical Board consisting of the following members:-

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“1. Dr.G.Eswar, Prof. and HOD of Medicine, Siddhartha Medical College/Govt.General Hospital, Vijayawada - MEMBER

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2. Dr.T.J.Prasanna Kumar, Prof. and HOD of General Surgery, Siddhartha Medical College/ Govt.General Hospital, Vijayawada - MEMBER

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3. Dr.N.S.Dutt, Prof. and HOD of Orthopedics, Siddhartha Medical College/Govt.General Hospital, Vijayawada - MEMBER

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4. Dr.A. Balasubrahmanyam, Prof. and HOD of Ophthalmology, Siddhartha Medical College/ Govt.General Hospital, Vijayawada - MEMBER”

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The Medical Board met on 4.10.2007 for physical verification and for reassessment of physical disability of the petitioner.

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The opinion of the Medical Board dated 04.10.2007 has been placed before this Court in which the disability and percentage of the petitioner has been shown as under:-

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“PLANOVALGUS DEFORMITY OF RIGHT FOOT

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DISABILITY 30% (THIRTY PER CENT)”

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In view of the said report submitted by the Medical

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Board constituted pursuant to the order of this Court, the interference by this Court is not warranted. Even otherwise the Academic Year 2007-2008 expired long back and therefore, it is not possible to provide admission to the petitioner at this point of time.

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Accordingly, the Writ Petition is dismissed. No costs.

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_______________ Justice G.Rohini

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Date:03.06.2009 mrb

Kum.P.Sujitha, v. The Convenor, EMCET-2007 Sit BUilding

Case brief

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Kum.P.Sujitha, v. The Convenor, EMCET-2007 Sit BUilding

Case brief

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