Allowed

Penta Gomji Rao, v. State of Andhra Pradesh

Telangana HC2 Jul 2018WP/22520/2018

Case brief

AI extract

What is this about?

The Court directed the University to accept the petitioner's belated application for MBBS/BDS counseling and consider him in the second round. This was a relief granted to a meritorious candidate who failed to submit the online application on time, balancing individual justice with the established admission schedule.

What did the court decide?

Directed the 2nd respondent University to accept the petitioner's application on or before 02-07-2018 and explore the possibility of including him in the second round of web counseling.

Penta Gomji Rao, Vs State of Andhra Pradesh — Education and Admissions | Telangana HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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W.P.No.22520 of 2018

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Date: 02-07-2018

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# Between :

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Penta Gomji Rao, S/o Surya Rao, aged About 19 years, Occ: Student, R/o Flat No.302, 2^nd floor, Sri Vijaya Lakshmi Residency, NGGO’s Colony, Akkayyapalem, Near GVMC School, Visakhapatnam.

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… Petitioner

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And

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The State of Andhra Pradesh, represented by its Principal Secretary (Health, Medical & Family Welfare) Department, Velagapudi, Amaravathi, Guntur District and another

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… Respondents

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! Counsel for the Petitioner : Mr. A. Rama Rao

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^ Counsel for Respondents : Mr. Taddi Nageswara Rao

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G.P. for Medical & Health

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VRS, J & NBY, J

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W.P.No.22520 of 2018

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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN

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AND

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HON’BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

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W.P.No.22520 of 2018

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ORDER: (per V. Ramasubramanian,J)

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Heard Mr. A. Rama Rao, learned counsel for the petitioner. Mr. Taddi Nageswara Rao, learned Standing Counsel takes notice for the 2^nd respondent University.

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The petitioner is a meritorious candidate having secured 907

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marks out of 1000 marks in Intermediate Examination and also having secured the All India Rank of 62638 and the State Rank of 4003 in NEET. Though the petitioner is academically smart, he is not street smart or worldly wise and hence, he failed to upload his application online, for admission to MBBS/BDS Course for the academic year 2018-19. The reasons for his failure are sought to be explained.

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The petitioner has now come up seeking a writ of mandamus to direct the 2^nd respondent University to permit his to participate in the admission process.

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Mr. Taddi Nageswara Rao, learned Standing counsel for the 2^nd respondent University produced a copy of the schedule for verification of certificates and Web Counseling. The last date for filing of applications was 24-06-2018. The certificates verification commenced from 26-06-2018 and is due to expire on 01-07-2018. The University has given written instructions to the learned Standing Counsel which read as follows:

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“The University has issued Notification dt:19-62018 for submitting online Applications for admission into MBBS/BDS courses fort the Academic Year 2018-19. It was clearly given in the notification for information of students that the same online application will be considered for all the rounds of counseling including MOP-UP Counseling and also

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VRS, J & NBY, J

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W.P.No.22520 of 2018

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for Stray Vacancies, if any. There is no further notification inviting online applications. Manual applications also will not be accepted. All the selections will be made from the list of applied candidates and who found eligible after verification of original certificates. The selections will be made in all phases from the same list. The university will not issue any further notification inviting applications. The merit list will not be disturbed/changed. No names will be included/inserted to the list of candidates applied/merit list.”

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In view of the fact that a rigid schedule of timeframe has been

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fixed by the University and the same is also in the light of the orders of the Supreme Court, it may not really be possible at this stage to redress the grievance of the petitioner fully. But, at the same time, considering the fact that the petitioner is a meritorious candidate having secured 4003 rank in the State, we are of the considered view that without causing hindrance to the entire process and without disturbing the candidates who have already exercised the web options, the application of the petitioner can be received and at least considered in the second round of counseling.

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Therefore, the writ petition is disposed of directing the 2^nd respondent University to facilitate the petitioner to submit her application on or before 02-07-2018 and to explore the possibility of including the petitioner at least in the second round of web counseling.

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As a sequel thereto, miscellaneous petitions, if any pending, shall stand dismissed. No order as to costs.

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________________________ V. RAMASUBRAMANIAN, J

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____________________ K. VIJAYA LAKSHMI, J

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Date: 02-07-2018

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Note: Issue C.C. today

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B.O./Ksn

Penta Gomji Rao, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Penta Gomji Rao, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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