Dismissed

Mangina Hothri Sri v. Union of India

Telangana HC11 Sept 2023WP/20676/2023

Case brief

AI extract

What is this about?

This judgment addresses writ petitions challenging a Government Order that allocated 100% of competent authority quota seats to local Telangana students in colleges established after 2014. The Court analyzed legislative competence, Article 371-D, and Section 95 of the Andhra Pradesh Reorganisation Act. The Court rejected the contention of 100% reservation, clarifying it is 85% for locals with 15% open to others. It directed the University to include non-local students in the seat matrix. Ultimately, the writ petitions were dismissed.

What did the court decide?

2nd and 5th respondents directed to ensure the seat matrix notifies that 15% of competent authority quota seats in institutions established after 02.06.2014 are open to students of other States, including Andhra Pradesh.

Mangina Hothri Sri Vs Union of India — Education and Admissions | Telangana HC (2023)

Outcome

Issue for consideration

Whether Rule 3(1)(h) of the Telangana Medical and Dental Colleges Admissions Rules, 2017, allocating 100% of competent authority quota seats to local Telangana students violates the Andhra Pradesh Reorganisation Act, 2014 (Section 95) and Article 371-D of the Constitution. +2 more

Detailed headnote5 paragraphs

1. The State Legislature has the competence to amend the Telangana Medical and Dental Colleges Admissions Rules, 2017, under the relevant Education Act. Pursuant to Article 16(3), Parliament may legislate on residence requirements, and the 2017 Rules concern educational admissions rather than public employment.

2. The amendment to the Rules reserving 85% of competent authority seats for local Telangana candidates in institutions established after 02.06.2014 is consistent with the Presidential Order of 1974 and Paragraphs 5 and 6 of the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, satisfying the safeguards of Article 371-D.

3. Section 95 of the Andhra Pradesh Reorganisation Act, 2014, which mandates maintenance of existing quotas for ten years, does not prohibit future colleges from adhering to the general reservation framework of the Presidential Order. The doctrine of legitimate expectation does not apply to changing quotas for new institutions that did not exist on the date of bifurcation.

4. The reservation provided is 85% for local candidates, not 100%; the remaining 15% is open to students from other states. The contention that 100% of seats are reserved is incorrect.

5. It is directed that if not already made, the seat matrix notified by the University must provide for participation of students from other States, including Andhra Pradesh, in the remaining competent authority quota seats. The writ petitions fail for want of merit.

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[³³⁷⁷ I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW THREE

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PRESENT

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THE HON'ALE THE CHIEF JUSTICE^{ALOK ARADHE} AND THE HON'BLE SRI JUSTICE^{N. V. SHRAVAN KUMAR}

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W.P.Nos.18047 18216 19210 20676^{20880210082310023101} 23102 23103 23104 23105 23106 23107^{231082310923110} 23112 23198 23199 23200 23267 23361 23362 23363 23364 23369 23371 23378²³³⁸² 23390 23412 23444^2345423472 23487 23509 23511 23513 23617 23631 23667 23679 23719 23734 23772 23774²³⁸²⁵ 23840 23859 23894^2390824052 24062 24066 24121²⁴¹²² 24128 24179^{241902428524372} 24379 24461 24491 24746 24755^{2479824825 and24826of 2023}

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WP NO: 18047 OF 2023

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Between:

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Sanikommu^{venkataSaiBharath Reddy,, s/o.Sanikommu ThirupathiReddy'} ilU'l';';;r;.-. Stra""t'^{*iiliiJpi"iti'ibo} -ov^{nis Nglural Father / Guardian} trYl3"riir,1,"#"il liiir"piini^{ri&it"vi'5r" 'i6ii6mmuVeluoondaReddv' ased} Andhra Pradesh. ...'E,T,NER

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...'E,T,NER

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AND

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Union of lndia,'^{Rep-by rts Secrqt?ry'Ministry of Flealthand FamilyWelfare'}

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, ['m*f'mffl-]31tii.lbtlffi^{int,' Ministry or Education'1 oe-c'}

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lffitiffiffimwmr

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:ffi$**'atii-6q1tttYu:;:

¶16

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State of Andhra pradesh,, Rep.by its principal Secretary, Health, Medical and Famity Wetfare Department, Secietjriat, VrliasipuOi, eniaraviii.'

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(Spp.on!_91ts 7 & 9-q1e deleted as per Court Orderdated 24.O8.2O23 in W.P.No.18047 ot 20231

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS ro

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(a)'Declare the Rure 3 (r) (d), (e) and (h) of the Terangana Medicar and Dentar co,egeS Admissions (Admissions into MBBS and BDS courses) Rures, 2017 aiirended/introducgd vide G-o.rvis.N o.72 daied a3.a7.2023, issued by Respondent No. 4., through which the reservations as contemplated in the unamended crauses of Rure 3 (il) (d), (e) are restricted in co,ages estabrished prior to 2nd June, 2O14 and also the newly introduced Clause Rule 3 (ll) (h) through which 100% seats under competent Authority Quota in the coreges estabrished after 2nd June, 2014 are arocated to rocar students of rerangana state as illegal, Arbitrary, irregular, irrational, contrary to the Andhra pradesh Reorganization Act, 2014 apart from being viorative of Articres 14 and 21 0f the Constitution of lndia,^.l g50. and consequentially set aside the same.

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(b).Dectare the prospectus/Resurations ""JT;'J'[,,i:;J:,T:,,::ffil:,rrf::::::: for the academic year 2023_2024 under Competent authority quota) dated 06.07.2023, as illegal, arbitr

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(c) D rect rhe Re,.i:l,:[::.'il::::::,::::::::n::: issuance of G.O.Ms.No.72 dated 03.012023, issued by Respondent.No.4prior ro the .: o, or Andhra ensuring equal opportunity and protection of the t." ,]] ,J "r-:::::::"] pradesh ror rhe academ ic year 2o23_2o2a or NEEr(UG,,:j:.:j:ro""ts

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IA NO:1 OF 2023

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Petition under Section 1 51 CpC prayin g that in the circumstances stated in the affida vit filed in support of the petitron, the High Court may be pleased to suspend the operation of the impugned GOM the Re s.No.72 dated 03.02.2023 issued by spondent No_ 4 anC alsc the consequentially issued Prospectus/Regulations published by the Respondent No. 8 (For MBBS/BDS

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Courses for the academic year 2023-2024 under^'Competent authority quota') dated 06.07.2023, pending disposal of the main Wdt Petition and^pass such other order or orders as this Honble Court may deem fit and proper in the circumstance of the case and consequentially conduct the counselling for the academic year 2023-2024 in line with the pre-existing provisions of the Telangana Me{ical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017, pending disposal of the main Writ Petition

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lA NO:3 OF m23

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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 operation notification dated 03.08.2023^issued by the^Respondent No. 8 (For MBBS/BDS Courses for the^{academicyea(2023-2024under} 'Competent authority quota'), and consider the application of the Petitioner in all medical colleges established atter 2O14,^{in line with the earlier directions of this} Hon'ble Court dated 12.07.2023 in the captioned^{writ petition andpre-existing} provisions of the Telangana Medical and Dental Colleges Admissions^(Admissions into MBBS & BDS Courses) Rules, 2O17,^{pending disposal of the main Writ} Petition

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lA NO: 4 OF 2023

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Petition under Section 151 CPC^{praying that in the circumstancesstated in} the affidavit filed in support of the^{petition, the High court may be pleased to STAY} all further proceedings consequent^{to the SECOND PHASE COUNSELING FOR} MBBS ADMISSIONS^{UNDER COMPETENT AUTHORITYQUOTA INTO} AFFILIATED MEDICAL^{COLLEGESissuedon 29.08.2023 issued by the} Respondent No.^{7, pendingdisposal of the main Writ Petition}

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IA NO: 2 OF 2023:

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Between:--"'-kiioii Naravana Rao University of Heatth sciences (KNRUHS),, Rep.by its Registrar, Nizampura,^{Warangal, Telangana'} ..'ET'T'.NER/RES'.NENT No.8

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AND

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sanikommu Venkata Sai Bharath Reddy,, S/o. Sanikommu Thirupathi Reddy, lge{^{t z years, Student, minorreprese-nieO} Uy nis Natural FaihAJ Cri,tLn Mr. SanikommuThirupathi Reddy,' S/o. Sanikrimmu Veluoonda neOiv.-aoeO !0 .yeap,^{R/o.Hanumantha puiam,prakasam} Ustrict^"- SZSZZidiad-ot Andhra Pradesh.

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2 Y1g!_of_rFia,, Rgp. by its secrerary, Minisrryof ,";,T'i:ffit%t#;[ffi,:]?:%:Nrrman tshawan, New Delhi - 1 1001 1 _

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Union of lndia,, Rep. bJ ils. SggleJery (HE), Minisrry of Education, 109_C, Shastri Bhawan New tielhi - i1OO0i.'^"

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Nalional Medicar commission (ryMC),, Represented by its Secretary, pocket14 , Sector-8, Dwarka phase-1', New bethi - 11OO77

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s Flqtg"f.Tglpngana,, Rep. by irs principat Secretirv, Heatth, Medicat and ^^{Famtywettare Department, Secretariat,Hvderaba-d.}

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tt. Urrector of lr/edical Education, Health, Me6icat and Family Welfare

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_ _Dega(men!,.G-qv-emrnent-of^{T6taqqanb,Secietadat} euitdiirqs. HvOLranad 7. Tetangana-Vaidya Vidhana parish5d,. Oepartmeni oin;iiE. M.;t,;t ii; ram y wettare, Rep.by its Commissioner, DM and HS Campus, Sultan Eazaar, Koti, Hvdeiab-ad.

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8 I9llnSala 59!6. l{ggigat Services and lnfrastructure Devetopmenl ligrqoratton^{(ISMSIQC),, Repbyits Managing Direcror,2nd'Ftoo;:} DM ancj

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^^{!p.uaTpus.,Uutrantsazaar, Koti, Hyderabad.}

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^^{!p.uaTpus.,Uutrantsazaar, Koti, Hyderabad.} 9. state of Andhra Pradesh,, Rel:.by its principar Secretary, l-{earth, tr4edicar and Family Welfare Departmdht, Secretinat, V,iigapuot, Amaravati.

¶45

(Re_spon4gnts 7 & 9.qre deleted as per Court Order dated 24.0g.2O23 in W.P.No.18047 ot 20231

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...RESPONDEN,TS

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Petition under Section 151 cpc praying that in the circumstances stateJ in the affidavit filed in support of the petition, the High cou( may be preased to vacate the order dated 12.07.2023 in W.p. No 18047 of 2023 of dismiss the writ petiticn

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Counsel for the petitioner: SRI ANUp KOUSHTK KARAVADI

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Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR (Dy. soLteiTOR GENERAL OF lNrxA)

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Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

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Counsel for Respondent Nos.4 & S: SRI B. S. PRASAD

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THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

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Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH,

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SC FOR TELANGANA VAIDYA ViDHANA PARISHAD

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Counsel for Respondent N_o..!-: SRI A. PRABHAKAR RAO,

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Sc FoR KALoJI NARAYANA uTliveddTw oF HEALTH SCIENCES

WP NO: 1A216OF 2023

Between:

'1. Potabattuni Sai Siri Lochana, D/o. Sri Potabattuni Chandra Sekhar, Age. 18 years, R/o. Kisan Street, Santhinagar Patamata, Vijayawada, NTR District - 520 01O (Rep.by natural guardian Father i.e. Petitioner.No.2)

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Potabattuni Chandra Sekhar, S/o. Padmanabha Rao, Age. 51 Years, F/o. Kisan Street, Santhinagar Patamata, Viiayawada, NTR District -_:3grl+3r

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AND

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'l . Union of tndia, Rep by its Secretary, Ministry of Law and Justice, 4th Floor, A- Wing, Shastri Bhawan, New Delhi - 110 001.^{(email -} [email protected])

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TheState of Telangana, Rep by the Principal Secretary, Department of Health, Medical and Family Welfare, Telangana Secretariat, BRKR Bhavan, 6th Floor, D-Block, Hyderabad^- 5O0022. Email. prl [email protected]. in

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g. ivation'aT lr,teOiiSl corimission, Rep by the Board of Govemors through its Joint Secretary, PockeG 14, Sector^- 8,^{Dwarka Phase-1} ,^{New Delhi-} 11OO77, lNDIA. (Email. [email protected])

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Directorate of Medical Education, Government of^{Telangana Koti, Hyderabad,} E-mail. [email protected]

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Kaloji Narayanarao University of^{Health Sciences, Rep by its. Reg_istrar,_} Niza-mpura, Warangal, Telangana 5O6007.^{(Email - knruhsrngll [email protected])}

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The St-ate of AMhr6 Pradesh, Rep by the Principal Secretary,^Departmentof Health, Medical and Family Welfare, Secretariat^{Buildings, Velagapudi,} Guntur District, Andhra Pradesh

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Dr YSR University, Rep by its Registrar,^{Viiayawada,Kr,.nn.} ?ii,[t3gno."r"

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Petition under Article 226 of lhe Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith, the High Court may be} pleased to issue a writ, order or direction more^particularly one in the nature of writ of mandamus

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a) Declaring the action of the 2nd^{RespondentState in amending Rule3} Sub rule (ll) clause (d) and^(e) of the^{Telangana Medicaland Dental Colleges} Admissions (Admissions into MBBS and BDS^{Courses) Rules, 2017, issued vide} G.O.Ms.No.72, DT.03.07.2023, to the extent^{of altering the reservatinn eligibility} criteria stipula{ed for the un-reserved^{157ocompetent authority quota seats to non-} local candidates only against the total^{seats available in colleges established prior} to-2nd June, 2014, and thus excluding^{the 1st petitioner anddeprivingthe 1st} petitioner of an equal opportunity of availing^{a seat in Medicalcoursesfor the} academic year 2o23-2024 in all^{collegesin the state of Telanganaas illegal,} arbitrary, discriminatory ahd^{violativeof Articles14 of the constitutionof lndiaand} in utter contravention of section 95 of^{the AndhraPradesh Reorganisation Act} 2O1 ,4 and the Andhra Pradesh^{Educational lnstitutions Regulation of Admissions}

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Order 1974 issued vide G_O.p. No 646 Education (W) Department Dated. 1O-OZ1979 and,

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b) Declaring the action of the 2nd Respondent state in inserting and adding a new clause namery (h) after existing crause (g) of Rure 3 Sub rure ([) of the Telangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS Courses), Rules, 2017, through the impugned G.O.I/s.No.72, DT. o3.o7 -2023, thus providing reservation to the extent of 1eo"/o of seats under competent Authority euota for local candidates in colleges estab{ished after 2nd June, 20'14, and thus excluding and depriving the 1st petitioner of an equal opDortunity of availing a seat in Medicar Gourses for the academic year 2oz3-2o24 in all colleges prevairing in the state of rerangana as ifiegar, arbitrary, discriminatory anc violative of Articles 14 of the constitution of lndia and in utter contraventaon of Section g5 of the Andhra pradesh Reorganisation Act 2014 and the Andhra Pradesh Educationar rnstitutions Reguration of Admissions order 1974 issued vide G.O.P. No 646 Education (W) Department Dated. 10_07-1979, and

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c) Declaring the action of the 2nd Respondent state in amending Rure 3 sub rule (lll) clause (a) of the Terangana Medicar and Dental cofleges Admissions (Admissrons into MBBS and BDS Courses) Rules, 2017, through the impugned G O.lrtls.No.72, DT. 03.07.2023, accordingry reserving g570 competent authority auota seats to the locar candidates and 1sy; to non-rocar candidates against the total seats avairabre in coHeges estabrished prior to-2nd June, 2014 , and thus excluding and depriving the 1st petitioner of an equar opportunity of avairing a seat ln Medical courses for the academic year 2023-2024 in ar the existrng cofleges in the state of relangana as ifiegar, arbitrary, discriminatory and viorative of Articres 14 of the constitution of rndia and in utter contravention of Section 95 of the Andhra Pradesh Reorganisation Act 2014 and the Andhra pradesh Educational lnstitutions Regulation of Admissions order 1974 rssued vide G.o.p_ No. 646 Education (W) Department Dated. 10-07-1979 and,

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d) Declare the NEET prospectus and notification DT. 06.07.2023, issued by the 5th respondent University in consequence to the impugned G.O.Ms.No.72, as iHegal, without jurisdiction and in gross disobedience of the judgments passed by the Honble High Cou.t, and consequenfly -ouash/set aside G.O_tr/s.No.72, DT. 03 07 '2023 issued by the .2nd respondent and arso the prospectus and notification DT. 06.07.2023 issued by the 5th respondent, and,

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e) Consequently direct the 2nd and Sth respondents to implement ttrc reservation eligibility criteria in the State of Telangana, in the mafter of admission into NEET MBBS and BDS Courses for the academic^year 2023-24, by allowing the 1st petitioner to^{participat€} in the registration and counselling^{processas per} the Andhra Pradesh Educational lnstitutions^{Regulationof Admissions Order1974} issued vide G.O.P. No. 646 Education^(W) Department^{Dated. 10{7-1979and} G.O.Ms. No.114, HM and FW, DT. O5-o7'2017 and all^{other allied State} Govemment instructions framed in consonance^{with Article 371-D of the} Constitution of lndia, and alsoⁱⁿ terms^{of Section95 of THE ANDHRA PRADESH} REORGANTSATION ACT, 2O14, and also^{in termsof the judgments passed by the} Honbie High Court,

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lA NO: 1 OF 2023

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Petition under Section¹ 51^{CPC praying that in the circumstancesstatedin}

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the affidavit filed in support^{of the petition, the High court may be pleasedto grant} STAY ON THE OPERATION^{of GOMs.No.72datedO3-O7.2023issuedby the} Respondent.No.4, and the^{consequential proceedingsProspectus/Regulations} issued by the sth Respondent^{University(ForMBBS/BDS Coursesfor the} academic year 2023-2O24^{under 'competent authority quota') dated 06.07.2023} pending disposal of the main Writ Petition

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Counset for the Petitioners:^{SRI P. THIRUMALA RAO}

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Counsel for Respondent Nos.^{1 & 3: SRIGADI PRAVEEN KUMAR} (Dy. SoLlClroR GENERAL OF^lNolA)

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Counsel for Respondent Nos.^{2 & 4: SRI B. S. PRASAD'}

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AOVOCATE GENERAL^FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL,^{HEALTH AND FAMILY WELFARE}

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Counsel for Respondent^{No. 5: SRIA. PRABHAKAR RAO'} SC FOR KALOJI^{NARAYANA UNIVERSITY OF HEALTHSCIENCES}

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Counsel for Respondent^{Nos.6& 7: SRI P' GOVIND REDDY'} SPEiIAL STANDING^{COUNSELFORSTATE OF ANDHRAPRADESH}

WP NO: 19210 oF 2023

Between:

Veena Jyothika, D/o. Veena Hari Keshava Aged 17 years, Student, minor represelted by her Naturat Father / Guardian Veena X'ari XestrJra j'siij'aj years, Ryo. 68/1, Appalarao Colony, Atmakur, fumoot, Andnra pratesn'-518422

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AND

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...PETITIONER

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1 Union of lndia. Reo. bv its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New-Delhi - 1iOOii.

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Union of lndia. Reo. bv its Secre^tary_(HE), Ministry of Education, 109_C, Shastri Bhawan, Newbelhi - 11OOdi:

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Natio_nal Medical Commission(NMC), Represented by its Secretary, pocket_ 14 , Secror-8, Dwar.ka phase_1" Neri^'oeilii _-iiiio7. '^"

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A Siate of.Tel.angana, Rep. by lts principal Seciai-ry,' Aeatttr, l,,rterjicai an,j c urrector ot I-amily Wetfare rvtedical Departmenf, Education, Secretariat. Health, Medical and Family HvOeiitih^'-- Welfare Department, Government of Tetangaril, S.Cretiriiiariioings, iiyJerauaa

¶98

6, Iela^{nganaVaid ya Vidhana parishid,} o'"pirtrl"Gf"ti"'itth, Med ical and Famity wetfare, Rep.by its Commtssi6neiDM-;; iis'Ampus, suttan Bazaar, Koti, Hydeiab'ad.

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7 Telangana State Medical Services and Infrastructure Development 9g,lo^,1,l91tlslylsr?c),^{Rep.uy its Min;si;s d;;;d2nd Froor,} DM and J--rD,^{ya.r.npus, suirant azaar,Koti, Hyderabad.}

¶100

8 Kalo,i Narayana Rao University of H'ealth Scbnces (KNRUHS), Rep.by its Registrar- Nizampura. Warang'al, fefanqani.-"*- ''^{'' ''}

¶101

I State_ of Ardhra Pradesh, Rep-.by its prfrcipal Secretary, Health, Medical and Famity Welfare Department, Seiretariat, VEtagipuji-e'ri"rauati.

¶102

Petition under Articte 226 of the Const*ution of tndia ,."i,ffii:i?"t1# cii'cumstances stated in the affidavit fired therewith, the High couii may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF M,ANDP.N4US tO

¶103

(a) Declare the Rute 3 (il) (d), (e) and (h) of the Telangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures. 2017 amended/introduced vide G-o.Ms.N o.72 dated 03.07.2023, issued by Respondent No. 4., through which the reservations as contemplated in the unamended crauses of Rure 3 (r) (d), (e) are restricted in corages estabrished prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which^.1000/o seats under competent Authority Quota in the coreges established after 2nd June, 2O14 are allocated to ,ocal studenls of Telangana state as irregar, Arbitrary, irregular, irrational, contrary to the Andhra pradesh Reorganization Act. 2oi4 apart fronr being viorative of Articles i4 and 2.i of the Constitution of India,^.l g50 and consequentially set aside the same

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(b) Declare the consequent impugned admission counselling Prospectus/Regulations issued by the Respondent^{No. 8 (For MBBS/BDS Courses} for the academic year 2O23-2O24 under Competent^{authority quota)dated} 06.O7.2023, as illegal, arbitrary and the^{same liable to be set-aside and}

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(c) Direct the Respondent.No.4 to restore the^provisions in force^{prior to the} issuance of G.O.Ms.No .72 dated 03.07.2023,^{issued by Respondent.No.4,} ensuring equal opportunity and^{protectionof the lawsto the studentof Andhra} Pradesh for the academic^{year 2O23-2O24of NEET(UG) Courses}

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lA NO: 1 OF 2023

¶108

Petition under Section 151 CPC^{praying that in the circumstances stated in} the affidavit filed in support^{of the petition, the High Court maybe pleasedto} suspend the operation of the impugned^{GoMs.No.72 dated O3.07.2023 issued by} the Respondent No. 4, and^{also theconsequentiallyissued} prospectus/Regulations published by the Respondent No. 8 (For MBBS/BDS courses for the academic^{year 2023-2024under 'competent authority quota')} dated 06.07.2023,^perding disposal^{of the mainwritPetitionand pass such other} order or orders as this Hon'ble^{court may deem fit and proper in the circumstance} of the case and consequentially^{conductthe counsellingfor the academic year} 2023-2024 in line with the^{pre-existing provisionsof the TelanganaMedicaland} Dental colleges Admissions^{(Admissionsinto MBBSand BDS Courses)Rules,} 2017, pending disposal of^{the main Writ Petition}

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Counsel for the Petitioner: SRI^{ANUP KOUSHIK KARAVADI}

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Counsel for Respondent Nos.^{1 & 2: SRIGADI PRAVEEN KUMAR} (Dy. SOLICITOR GENERAL OF INDIA)

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Counsel for Respondent No.^{3: Ms. GORANTLA SRI RANGAPUJITHA}

¶112

Counsel for Respondent^{Nos.4 & 5: SRIB. S- PRASAO'} THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN^KUMAR, GP FOR MEDICAL,^{HEALTH& FAMILY WELFARE}

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Counsel for Respondent^{No.6: SRI S. VIJAYA PRASHANTH'} SC FOR TELANGANA^{VAIDYA VIDHANAPARISHAD}

¶114

Counsel for Respondent^{No. 7: SRI C. APPAIAH SARMA}

¶115

I^(.)

¶116

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCTENCES

¶117

Counsel for Responderit No. 9: SRI p. GOVIND REDDY,

¶118

SPL. SC FOR STATE OF ANDHRA PRADESH

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WP NO: 20676 oF 2023

¶120

Between:

¶121

y11O-ln" Hothri .Sri, D/o Jrrla.ngina Srinivasa Mehar Baba, Age 17 years, beino mrnor represented By Father Mangina Srinivasa [ ehbr "gaOa.'R/o 'ZIia, Manginavari Srreet,'Cherukuraoa,' penugoffi , W;;t c"J,i.J,iri, " e-"airl Pradesh - 534320

¶122

ANO

¶123

...PETITIONER

¶124

1 Union of lndia. Reo. bv ils secre_tary.Ministry of Hearth and Famiry werfare, Nirmana Bhavan, ive',,i Oettri - 1i0011

¶125

1. Union of lndia, Rep. by its Secretary (HE), Ministry of Education, 109_C, Shastri Bhavan, New bethi 110itii,''^{'-"-.iirv1r' v'|La}

¶126

1. National Medicat Commission (N!Cj, Rep. by its Secretary, pocket 14, Secror-B. Dwarka phase-t. Nei Deitii _ iiooii*^---'

¶127

1. I he State of Telangana, Rep^by its principal Secretary Health, Medical and Family Welfa re Depa rtment.' Seicretariat. FvO;r;6;d.'''

¶128

1. urrector ot Medical Education, Health, medjcal and Family Welfare 6. Department, Governmenr or retanga;g, 5;.etiriit:riuiiaings, Hyderabao. Tela n ga na Va id va vid ha na pa rishid,, o"pirirE i-.iliJartnl luea rca -strtiiiri]r-J Bazaar. Koti. Famity Wetfare,-Rep. by its Commisdion;i, riiiir,r';il ii6 "r.pJJ,

¶129

7 Telangana State Medical Service, and lnfrastructure Dwelopment Corporation (TSMS|DC) R"q gy its maniEngbir.Jto-iznO ttrcor, DM and HS 9r.*py:,^{SuitanBazaai,xoii, UyaeraOaA}

¶130

8 Kaloii Narayana Rao University_6f. Health Sciences, Represented by its Regislrar Nizampura,waranqalTelanoa.,a^{- --' ' '-r}

¶131

I lhe State of Andhra pradesl, B"p O-V its principal Secretary, Health, Medical and Famity Wetfare Departmenr, Secletinai, Vrji&fifti.

¶132

Petition under Article 226 of the Constitution of tndia Orri;ff:i:i?"tH: circumstances stated in the affidavit fited therewith, the High Cou( may be pleased to issue a writ' order, or direction more particurarry one in the nature of WRIT OF MANDAMUS

¶133

(a) Directing the Respondent.No.l to restore the provisions in force prior to the issuance of G.O.Ms No.Z2 dated 03.O1.2023, issued by Respondent. No.4, ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2023-2024 of NEET(UG) courses by Decraring the Rule 3 (ll) (d) (e) and (h) of the Terangana Medicar and Dentar coreges Admissions (ArJnrissions into I\4BBS anci BDS Courses) Ruies, 2017 amended/introduced vide G.O.Ms_No.72 dated O3.O7 _2023., issued by

¶134

¶135

Respondent No. 4., through whach the reservations as contemplated in^the unamended Clauses of Rule 3 (ll) (d), (e) are restricted in collages established prior to 2nd June, 2O14 and also the newly introduced Clause Rule 3 (ll) (h) through which 1O0% seats under Competent^{AuthorityQuota in the colleges} established after 2nd June, 2014 are allocated^{to localstudentsof Telangana} State as illegal, Arbitrary, irregular,^{irrational, contrary to the Andhra Pradesh} Reorganization Act, 2014 apart from^{being violativeof Articles 14 and 2l of the} Constitution of lndia, 1950. and consequentially^{set aside the same}

¶136

(b).Declare the consequent impugned admission counseling Prospectus/Regulations issued by the^{Respondent No. 8 (For MBBS/BDS Courses} for the academic yeat 2023-2024 under^{Competent authority(quota) dated} 06.07.2023, as illegal, arbitrary^{and the same liable to be set aside}

¶137

lA NO: 1 OF 2023

¶138

Petition under Section¹ 51 CPC^{praying that in the circumstances stated in} the affidavit filed in support^{of the petition, the High Court may be pleasedto} suspend the operation^{of the impugnedGo Ms.No.72 datedO3lO7l2O23issued by} the Respondent No. 4, and^{also the consequentiallyissuedProspectus} /Regulations published by the Respondent^{No. 8 (ForMBBS/BDS Courses for the} academic^year 2023-2024^{under 'Competent authority quota') dated06 -O7 2023,} consequentially conduct the counseling^{for the academicyear 2023-2024 in line} with the pre-existing^provisions of^{the Telangana Medicaland Dental colleges} Admissions^(Admissions into^{MBBS & BDS Courses)Rules, 2017,pending} disposal of the main Writ Petition

¶139

Counsel for the Petitioner:^{SMT.l. MAAMU VANI}

¶140

Counsel for Respondent Nos.^{1 & 2: SRI GADI PRAVEEN KUMAR}

¶141

(Dy. SOLICITOR GENERAL^{oF INDIA)}

¶142

Counsel for Respondent^{No. 3: Ms. GORANTLASRIRANGA PUJITHA}

¶143

counser for Respondent^{Nos.4 - t,i,Tl"d;3E"4iABL*.o,} ,o

¶144

SRI N. PRAVEEN^KUMAR' GP FOR MEDICAL,^{HEALTH& FAMILY WELFARE}

¶145

Counsel^{for Respondent No'} 'lC^6: ron^SRIS' ielnxceua^{VIJAYA PRASHANTH'} vAIDYA vIDHANA PARISHAD

¶146

)

¶147

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶148

Counsel for Respondent No. g: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERS]WOF HEALTH SCIENCES

¶149

Counsel for Respondent No. 9: SRI p. GOVIND REDOY,

¶150

SPL. SC FOR STATE OF ANDHRA PRAOESH

¶151

WP NO: 20880 0F 2023

¶152

Between:

¶153

Gangineni Sai Bhavana, D/o. Srinivasa Rao Aoed. 1g years, Occ. Student, R/o. H. No.8-6, 8th Ward. UeOarameta pAk;#r, Andhra pradesh - 523212. AND ...PET|T|ONER

¶154

1' Union of rndia. Reo. by-its Secretary, Ministry of Hearth and Famiry werfare, Nirman Bhawan, New'Dethi - r iooii^"'-' '^{"' "}

¶155

Union of lndia. Reo. by its Secretary (HE), Ministry of Education, 109_C, Shastri Bhawan Nbw Dethr - 110d0i^{"-'! --'l.v{r}

¶156

Nationar Medicar commission l trttr/-i |, Represented by its secretarv. pocket.^{'14, Sectcr-8.Drvarka phase1'.} llcwbcilii -l1oilft.''ry^{-vv'v's',''| vv'|\v(}

¶157

State of Tetangana, Rep. by its prrnci[a-t Secie6-ry, Heatth, Medical and

¶158

_ 1gmilv^{werrardoe[artrhenf S;"d;-i"t,} ivolil'[lo. 5. urrector of Medical Education. Health, Medical and Familv Welfare ^^{Departmen t, Government or reransi;a. sec;G'riit} ff^{iiii"a;]'iiyEeraoao.} 6. Tetan gana .Va id ya Vid hana pa n shdJ. o'epirtmLniof rearrnl -rlrr#icai i-niFamiIy welfare, itep by irs Commissione{DM-;; ns Cir"'pi,:il6riil""''" B azaar, Koti, Hvdeia b-ad

¶159

Telangana Stata Niledical Services and lnfrastructure Development

¶160

Rrr^"^.:,i:l^{tlslytstpc)Rep by its Minasind'Diiictor,znohoor,'oM} ano

¶161

^^{no_,ampus,suttan Bazaa!.,Koti, Hvderabad.}

¶162

Kaloii Naravana Rao Universlty "i H'eiiitiSiiences (KNRUHS), Rep.by its ^^{Registrar,Nizampura, Waranq'at.reraniiin,.- '-"'}

¶163

9 state ot Andhra pradesh. Rep-:oy its pnicipar secretary, Hearth, Mecticar and Famly Wetf are Departrneni,-Setr"iiitii,'VEi jg;"ildi, Amaravati.

¶164

Petition .rnder Articte 226 of rhe Constitution of lndia orriffi[:i?_.H: crrcumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶165

(a)' Decrare the Rure 3 (il) (d), (e) and (h) of the Terangana Medicar and Dentar co'eges Admissions (Admissions into MBBS and BDS Courses) Rures, 2017 amended/introduced vide G_O.Ms.N o.l2 daled O3.O1.2023, issued by Respondent No. 4., through which the reservations as contemplated in the unamended crauses of Rure 3 ( ) (d), (e) are restricted in colages established prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 100% seats under 'competent Authority Quota, in the coreges

¶166

¶167

established after 2nd June, 2014 are allocated to local students of Telangana State as illegal, Arbitrary, irregular, irrational, contrary to the Andhra^Pradesh Reorganization Act, 2014 apart from being violative of Articles 14 and 21 of^the Constitution of lndia, 1950. and consequentially set aside the same,

¶168

(b). Declare the consequent impugned admission counselling Prospectus/Regulations issued by the Respondent No. 8^(For MBBS/BDS^Courses for the academic year 2023-2O24 under Competent^{authority quota)dated} 06.07.2023, as illegal, arbitrary and the same liable to^{be set-asideand,}

¶169

(c). Direct the Respondent.No.4 to restore the^provisions in force^{prior to} the issuance of G.O.Ms.No.7Z dald O3.O7.2023,^{issued by Respondent.No.4,} ensuring equal opportunity and^protection of^{the laws to the students of Andhra} Pradesh for the academic year 2O23-2024 of NEET(UG) Courses,

¶170

lA NO: 1 OF m23

¶171

Petition under Section¹ 51 CPC^praying that in^{the circumstances statedin} the affidavit filed in support of the^petition, the^{High Court may be pleasedto} suspend the operation of the impugned GO.Ms.No.72^{datedO3.O7.2023 issued by} the Respondent No. 4, and also^{theconsequentiallyissued} Prospectus/Regulations^published by the^{Respondent No. B (For MBBS/BDS} Courses for the academic^year 2023-2024^{under'Competent authorityquota')} dated 06.07.2023,^pending disposal of the^{main WritPetitionand pass such other} order or orders as this Hon'ble Court^{may deem fit ardproper in the circumstance} of the case and consequentially conduct the^{counsellingfor the academic year} 2023-2024 in line with the^{pre-existing provisionsof the TelanganaMedicaland} Dental Colleges Admissions^(Admissions into^{MBBSand BDS Courses)Rules,} 201 7, pending disposal of the main^{Writ Petition}

¶172

Counsel for the Petitioner:^{SRI ANUP KOUSHIK KARAVADI}

¶173

Counsel for Respondent^{Nos. 1 & 2: SRIGADI PRAVEEN} {9M1!- .-.^. -. (DY. SOLICITOR GENERAL^{OF INDIA)}

¶174

Counsel for^{RespondentNo. 3: Ms' GORANTLASRIRANGA PUJITHA} Counsel for^{Respondent Nos' 4 & 5: SRIB' S' PRASAD'} THE ADVOCATE^GENERALFOR SRI N. PRAVEEN^KUMAR' GP FOR MEDICAL'^{HEALTH& FAMILY WELFARE}

¶175

t.1

¶176

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VTDHANA PARISHAD

¶177

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶178

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶179

Counsei for Responcient No. 9: SRI p. GOVINO REDDY,

¶180

SPL. SC FOR STATE OF ANDHRA PRADESH

¶181

wP t{o: 21008 0F 202s

¶182

Between:

¶183

Nelakuditi l(i'ishna Sravya, Dio_Neiaku,iiti seshu Babu, Aged about 19 yeai-s, Occ-. Student, Rlo u r.ro a-gg. piniiiam- vlrr6E, ' sitt""ip"[i ffiil;t: Panidem, Guntur Dist, Andhra praclesh - Srr 4dC'-"-'

¶184

AND

¶185

...PETITIONER

¶186

;,l$?":f #f^p:;|i,,[:ff ,',,.]'siJ:ii?si.,ffi".,.xkdDepartmenrorHearthand 2. KNR University Health Sciences, Warangal, Rep by its Registrar

¶187

Petition under Articre 226 ot the consriturion of rndia ,r"riffii:i',;tl[: circumstanoes stated in the affidavit fired ther€with, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS ro

¶188

(a). Decrare the Rure 3 (rr) (d), (e) and (h) of the Terangana Medicar and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduceci vicje G_O.Ms.Nc.72 dated 03.07.2023, issued by Res_poldenl No. 1.. throuoh which the reservations as contemplated in the unamended Clauses of Rule 3 (ll) (d), (e) are restricted in collages established prior to 2nd June, 2014 and atso the newty introduced Ctause Rufe e tf f i:Ot through which 100% seats under competent Authority Quota, in the coreges established after 2nd June, 2014 are allocated to local students of Telangana state as iflegar, Arbitrary, irregurar, irrational, contrary to the Andhra pradesh Reorganization Act. 2014 apart from being viorative of Articres 14 and 21 of the Constitution of lndia, 1950 and consequentially set aside the same b)' Decrare the admission counsering prospectus/Regurations issued by the Respondent No 2 (For MBBSiBDS courses for the academ ic yea( 2023-2024

¶189

¶190

under Competent authority^{quota)dated 06.O7.2023,as illegal, arbitrary and the} same liable to be set-^asideand

¶191

(c).Direct the Respondent.No.l to restore the^{provisionsin force prior to the} issuance of G.O.Ms.No.72^{dated 03.07.2023, issued by Respondent'No'1,} ensuring equal opportunity^{and protectionof the lawsto the students of Andhra} Pradesh for the academic^{yeat2O23-2O24of NEET (UG) Courses}

¶192

lA NO: 1 OF 2023

¶193

Petition under Section^{1 51 CPC praying that in the circumstances statedin} the affidavit filedⁱⁿ support^{of the petition, the High courtmay be pleasedto} suspend the operation^{of the impugned GoMs.No.72 dated o3lo7l2o23issued by} the Respondent No.¹ ,^{and also theconsequentially issued} Prospectus/Regulations^{publishedby the Respondent No. 2 (For MBBS/BDS} courses for the academic^{year 2023-2024under 'competent authority quota)} dated 06.07.2023,^{pendingdisposal of the mainwrit Petition and pass such other} order or orders as^{this Hon'blecourt may deem fit and proper in the circumstance} of the case and^{consequentiallyconduct the counselingfor the academic year} 2023-2024 in line^{with the pre-existing provisions of the TelanganaMedicaland} Dental colleges. Admissions^{(AdmissionsintoMBBS and BDS Courses)Rules,} 2017, pending disposal^{of the main Writ Petition}

¶194

Counsel for the Petitioner:^{SRISRINIVASA RAO PACHWA}

¶195

Counsel for Respondent^{No. 1: SRIB. S. PRASAD'}

¶196

THE ADVOCATE GNERAL^FOR SRI N. PRAVEEN KUMAR,

¶197

GP FOR MEOICAL HEALTH^{& FAMILY WELFARE}

¶198

Counsel for Respondent^{No. 2: SRI A- PRABHAKARRAO'} SC FOR KALOJI^{NARAYANA UNIVERSITY OF HEALTHSCIENCES}

¶199

WP NO:23 100 0F²⁰²³

¶200

Between:

¶201

Aimeera Kusuma,^{D/o. A. Bharath' Aged about19 years' Occ Student' Fl/oH'} ilil''z'ci-"af"rl s"ilti"rsii^{iiirrri","Krlsrrna District' Andhra Pradesh state -} 521235 ...PETITIONER

¶202

AND

¶203

The State o(^{Telangana, Represented by its.Principal S€xrretarvMedical and} Heatth Family^{wetrare oepa'riirlni'Siolii?ilie'iiding'Hvderibad500 0ss}

¶204

¶205

Kaloji^Narayana Rao University Of Health Sciences Telangana, Rep. by its ^^{vice Chanceilor Nizampura,war""qi[iLtr;ii"i,sooooz} 3. Katoji Narayana Rao uhiveisity of ti.lft'n S"iEi"e"-iefingana, Rep. by its Registrar, Nizampura, Warang'al,fehnginr-S6'O6OZ

¶206

Petition under Arricte 226 of the Consritution of tndia ,rriff:i3i"iltl;: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶207

(a). Declare the Rute 3 (il) (d), (e) and (h) of the Telangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduced vide G. O. Ms_ No. 72 dated 03 07.2023, issued by ResponCent l{c. 1, through ,,vhich the resen,atjons as ccntemplated ia the unamended crauses of Rure 3 (11) (d), (e) are restricted in coflages estabrished prior to 2nd June' 201 4 and arso the newry introduced crause Rure 3 (I) (h) through which 100% seats under competent Authority euota in the coleges established after 2nd June, 2014 are allocated to local students of Telangana state as illegal, Arbitrary, ii'i'egurai', ii'i'ationar, contiai-ri to the Andhra pradesh Reorganization Act, 2014 apart from being violative ot Articles i 4 and 2i of the Constitution of lndia, 'lg5O and consequentially set aside the same

¶208

(b) Declare the admission counsering prospectus/Regurations issued by the Respondents No. 2 and 3 (For MBBS/BDS courses for the academ ic year 2023,O24 under Competent authority quota) dateC 06. 07 _ 2023, as illegal, arbrtrary and the same liable to be set_ aside and

¶209

(c) Direct the Respondent. No. 1 to restore the provisions in force prior to the issuance of G O: rfrs. irio. 72 daled a3. a7. 2023, issueci by Responcient. [rio. 1' ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2023- 2OZ4 of NEET (UG) Courses

¶210

IA NO: 10F 2023

¶211

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petiticn, the High court may be preased to suspend the operation of the impugned GoMs. No. 72 dated 03. 07. 2023 issued by the Respondent No. 1. and also the consequentially issued Prospectus/Regurations pubrished by lhe Respondent university (For MBBS/BDS Courses for the academic year 2023- 2024 under Competent authority quota)

¶212

¶213

dated 06. 07.2023, pending disposal of the main Writ Petition and^pass such other order or orders as this Honble Court may deem fit and^proper in the circumstance of the case and consequentially conduct the counseling for the academic^year 2023- 2024 in line with the^pre- existing^provisions of the Telangana^Medicaland Dental Colleges. Admissions^{(AdmissionsintoMBBSand BDS Courses)Rules,} 2017, pending disposal of the main Writ Petition

¶214

Counsel for the Petitioner: SRI SRINIVASA^SRIKANTH

¶215

Counsel for Respondent No. 1: SRI^{B. S. PRASAD,}

¶216

THE ADVOCATE GNERAL FOR SRI N. PRAVEEN KUMAR,

¶217

GP FOR MEDICAL HEALTH & FAMILY^WELFARE

¶218

Counsel for Respondent Nos. 2 &^{3: SRI A. PRABHAKAR RAO,} SC FOR KALOJI NARAYANA^{UNIVERSITY OF HEALTH SCIENCES}

¶219

WP NO: 23101 OF 2023

¶220

Between:

¶221

Mothukuri Venkata Neha,^{D/o.Mothukuri Rajeswara Rao, Aged about 19} vears, Student,^{Ri/o. 2-1ola,Pedavarimadugu, PedacherlopalliMandal,} Prakasam, Andhra Pradesh^- 523117

¶222

...pETtTtoNER

¶223

AND

¶224

Union of lndia,, Rep. by^its Secretary,^{Ministryof Healthand Family Welfare,} Nirman Bhawan, New Delhi^{- 1 10011.}

¶225

Union of lndia, Fiep. by^{its Secretary (HE),,tvlinistryof Education,109-C,} Shastri Bhawan New Delhi^{- 110001.}

¶226

tliiionat Medical Commission^{(NMC), Represented by its Secretary, Pocket-} 1 4 , Sector€, Dwarka^Phase-1 ,^{New Delhi- 11@77-.}

¶227

State of Telangana,, Rep. by^{its PrrncipalSecretary, Health, Medicaland} Familv Welfare Department, Secretariat,^Hyderabad.

¶228

Direct'or of Medicai Education,,^{Health, Medicaland FamilyWelfare} Deoertment. Govemment of Telanqana, Secretariat^{Buildings, Hyderabad-}

¶229

Tel'inoana Vaidva Vidhana ParishSd,,^{Department of Health, Medicaland} Famili welfare, itep.by^its Commissioner,^{DM and HS Campus, Sultan} Bazaar, Koti, Hyderabad.

¶230

7 Telanoina Stati: Medicat Services and^{lnfrastructure Development} Corpoiition^(TSMSIDC), Rep.by^{its Managing Director,2nd Floor, DM and} HS^'Camous. Sultan Bazaar. Koti,^Hyderabad.

¶231

B kibii r.ririvina Rao^{University of H-ealthSciences(KNRUHS),, Rep'by its} Reqistrar, Nizampura,^{Warangal,Telangana.} -

¶232

I biri;;f ilJhrr'lsraJ"sr',^{nep".ui lts Pri"ncipal secretary, Health, Medical and} F;ily vt;ii;reoepirtment'^{Seiretariat,Vblagapudi, Amaravati'}

¶233

Resoondent Nos.7^{and 9 are deletedas qgr C9g(Order dated as per} Cii,ft tiiJ"iariia^{zt.oe.zozt in wP.No.23101ot 2023} ...RESpoNDENrs

¶234

¶235

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High cou( may be pleased to

¶236

a. Decraring the Rure 3 (I ) (h) of the Terangana Medicar and Dentar colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vide G.O.Ms.No.l2 dated O3lO7t2O23, issued by Respondent.No.4 in allocating the 100^percent seats under competent Authority ouota to rocar students of relangana state as highry-iflegar and contrary to the section g5 of the Andhra Pradesh Reorganization Act, 2014, the Andhra pradesh Educational lnstitutions (Reguration of Adrnissions) order,1924, aoart from being viorative of Articles 14 and 21 of the Constitution of lndia,l g50 and

¶237

b. Co.sequently, set-aside Ure anrenrJr.enl i.e.,Rule 3 (ll) (tr) r_rf the Telangana Medicar and Dentar cofleges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vide G.o.Ms.N o.r2 dated o3to7t2o23, issued by the Respondent No.4 and decrare the impugned prospectus/Regurations issued by the Respondent. No. 8 (For MBBS/BDS courses for the academic year 2023 -2024 under competent authority quota) dated o6ror t2o23, as iregar and arbitrary and consequenfly set-aside aI other consequentiar notifications issued by Respondent No.8 in continuation with their earrier notifications dated. 06ro7t2o23, 2610712023 aad O2tO8t2O23 and O3tOBt2O23.

¶238

c the Respondent.No.4 to g to restore the provisions in force prior to the issuance of G.O.Ms.No.7Z daled O3lOlt2O23, issued by Respondent.No.4, ensuring equar opportunity and protection of the raws to the students of Andhra Piadesh for the academic year 2023-20240f NEET(UG) Courses, by arowing the petitioner to participate in rhe registration and counsering process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 1g74 and G.O.Ms. No.114, HM&FW, DT. OSIOT,ZOI. and rn consonance with Article 371- D of the constitution of rndia, and arso in terms of section 95 of rHE ANDHRA PRADESH REORGANTSATTON ACT, 2014, and atso in terms of the judgments passed by the Honourable High Court.

¶239

lA NO: 1 OF 2023

¶240

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

¶241

¶242

suspend the operation of the impugned^{GOMs.No.72dated 03.07.2023 issued by} the Respondent.No.4, and the^{consequential Prospectus/Regulations issuedby} the Respondent.No.S^{(For MBBS/BDS Courses for the academic year 2023-2024} under^'competent authority^{quota') dated 6107l2o23 and all other consequential} notifications issued by Respondent^{No.B in continuationwith theireadier} notifications dated. 06.07.2023,^{261O7t2023and 0210812023and 03/08/2023.,} pending disposal of the main Writ Petition

¶243

lA NO: 2 OF 2023

¶244

Petition under Section¹ 51^{CPC praying that in the circumstancesstated in} the affidavit filed in support^{of the petition, the High courtmaybe pleasedto direct} the Respondent.No.S to^{publish the seat matrix providing for both local and} unreserved students^{while publishing for second counselling for the academic year} 2023-2024 of NEET^{(UG) Courses,pending disposalof the main writPetition}

¶245

IA NO: 30F 2023

¶246

Petition under Section^{151 CPC praying that in the circumstances statedin} the affidavit filed^{in supportof the petition, the High court may be pleased to STAY} all further^{proceedings consequentto the SECOND PHASE COUNSELINGFOR} MBBS ADMISSIONS^{UNDER COMPETENT AUTHORITY OUOTA INTO} AFF|L|ATEDMED|CALCoLLEGESissuedon2g.oS.2o23issuedbythe Respondent No.^{7, pendingdisposal of the main Writ Petition}

¶247

Counsel for the Petitioner:^{SRI ANUP KOUSHIK KARAVADI}

¶248

Counsel for Respondent^{Nos. 1 & 2: SRI GADI PRAVEEN KUMAR} (Dy. SoLICITOR GENERAL^{OF INDIA)}

¶249

Counsel for Respondent^{No. 3: Ms' GORANTLASRtRANGA PUJITHA}

¶250

Counsel for Respondent^{Nos.4 & 5: SRI B' S' PRASAD'} THE ADVOCATE^GENERALFOR SRI N. PRAVEEN^KUMAR' GP FOR^{MEDICAL, HEALTH & FAMILY WELFARE}

¶251

Counsel for^{Respondent No' 6: SRI S' VIJAYA PRASHANTH'} ;i'Fori^{iLuaNcarun vAIDYA vIDHANA PARISHAD}

¶252

Counsel^{for Respondent No' 8: SRI A' PRABHAKAR RAO'} sc FoR xar-iiiirlriiaiarua^{urutveRslrY oF HEALTH sclENcES}

WP NO: 23102 oF 2023

Between:

Matle Venkata Krishna.priya, D/o. Ramakrishna, Agd 19 years, Student, Rl/o. 52300137-'1-3831204, Baraii Nagir,'trtear r.rco-r-roml, dngote,'n"ol,*'pr"Jtit"-

¶257

AND ...PET|T|ONER

¶258

1 Union of lndia. Reo. hy-its Secretary, Ministry of lndia. Reo. hy-its Secretary, Ministry Reo. hy-its Secretary, Ministry of Hearth and Famiry werfare, -^{Nirman Bhawan,ttew'oetrri_ i100ii."""-''' i100ii."""-'''"''}

¶259

1 Union of lndia. Reo. hy-its Secretary, Ministry of lndia. Reo. hy-its Secretary, Ministry Reo. hy-its Secretary, Ministry -^{Nirman Bhawan,ttew'oetrri_ i100ii."""-''' i100ii."""-'''"''}

¶260

Union of lndia. Reo. by its Secretary (HE), Ministry of Education. 109-C.

¶261

Natio_nal Medical Commission (NMCi, Represented by its Secretary. pocket.^{14, Sector-8, Dwarka phase-l,new'Oetrii} --iiiibiz

¶262

staie of I etanoana R:p. ',0.^{_V (q principal Secretary, Heaiih,Medicai anrl}

¶263

-^{Farriiiy Wetfar.d Deparrrirent,secretariai, Hrjlil"bbo.}

¶264

Director of Medicai Educati<jr\ HtiiG, r,,i;i;]';; Famity wetfare Department. Governnrent or ietaiGi,ia, se#diilr eriidi"gs,'iiyieratra<r

¶265

Tetangana Vaidya Vidhana_pr;ania: D6;;ili'ot Heatth. l\itectic:t and Famity wetfare, Rep.by its co.misitonerlDil ,;; HS campus, Suttan Bazaar, Koti, Hvdeiab-aO.

¶266

Telangana Statir Medical Services and lnfrastructure Development 83t".f,[",^{j] jl:i[?B:]#rrl[,t*:li,,H;6]i."to,.,zndF,oor,DMand}

¶267

u. Katotr Naravana Rao tJniversity of-H'ealth Sciences (KNRUHS), Rep.by its ^^{Regiskar,Nizampura,waianoii ieLi;;;; ""*"}

¶268

e. srate ot Andhra pradesh, Refl.by its pri-ncipal Secretary, Health. Medical and Famity Wetfare Department, Seire6riai, V;i;gi"p"udi, Arnaravati

¶269

Respond€nt No.7 and _9_are deleted as per Court Order dated as oer court order dated 24.08.2023 i" wi-.N".iild ti ot ioii--.^eeltvqrve,

¶270

Petition under Articte 226 of the.Consriturion of lndia ;;it":"ffL'fi11: circumstances stated in the affidavit filed therewith, the High Court may be preased to issue a writ, order, or direction more particurarry one in the nature of 'WR!T OF N4A.ND,AI.4US IO

¶271

a. Decraring the Rure 3 (il) (h) of the Terangana Medicar and Dentar correges Admissions (Admissions into M'BS and BDS courses.) Rures, 2014 introduced vide G'o'Ms.N o-72 dated o3to712023, issued by Respondent.No.4 in allocating the 100% seats re a ns a n a s ta re a s n,n n, r-:,:"0;, :"": H[' :T: :::i: i";:1 ;:t;:::,] Pradesh Reorganization Act, 2O14, the Andhra pradesh Educational lnstitutions (Regulation of Admissions) order, 1974, apart from being vioralive of Articres 14 and 21 of the Constitution of lndia, 195O and

¶272

b. Consequenfly, set_aside the amendment i.e.. Rute 3 ( ) (h) of the Telangana lVedicar and Dentar coreges Admissions (Admissions into MBBS and

¶273

¶274

BDS Courses) Rules,^{2O14introducedvide G.O.Ms.No.7zdatd03 Ol '2023'} issued by the Respondent^{No.4 and declarethe impugned Prospectus/Regulalions} issued by the Respondent. No-^{8 (For MBBS/BDS Courses for the academic year} 2023-2024 under competent^{authority quota) datdd 06.07.2023, as illegal and} arbitrary and consequently set-aside^{all other consequentia{ notificationsissuedby} Respondent No.8 in continuation^{with their earlier notifications dated. 06.07.2023'} 2647-2023 and 024a-2O23^{and 03-08.2023}

¶275

c. the Respondent.No.4^{to 8 to restorethe provisionsin force prior to the} issuance of G.o.Ms.No .72^{datedo3.o7.2023, issued by Respondent.No.4,} ensuring equal oppo(unity^{andprotectionof the lawsto the students of Andhra} Pradesh for the academic^{year 2023-2024of NEET(UG)Courses,by alkrwingthe} petitioner to participate in the^{registration and counseling process as per the} Andhra Pradesh Educational^{Institutions (Regulationof Admissions) order,1974} and G.o.Ms. No.114,^{HMand FW, DT.O5-O7-2017and in consonance with Article} 371-D of the constitution^{of lndia, and also in terms of section 95 0f THE} ANDHRA PRADESH^{REoRGANISATIoNACT, 2014, and also in terms of the} judgments passed by the Honourable^{High Court}

¶276

IA NO: 10F 2023

¶277

Petition under Section^{151 CPC prayingthat in the circumstances statedin} the affidavit filed in support^{of the petition, the High courtmay be pteased to} suspend the operation^{of the impugned GoMs.No.72dated o3l0l12023issuedby} the Respondent.No.4,^{and the consequential Prospectus/Regulations issuedby} the Respondent.No.S^{(For MBBS/BDS Courses for the academicyear2O23-2O24} under^,Competent authoriiy^{quota')datedO6tO7l2O23and all other consequential} notifications issued by^{Respondent No.8 in continuation with their earlier} norifications daled.^{o6to712023,26tO712023and 0210812023 and 0310812023'} pending disposal of the main^{Writ Petition}

¶278

A NO: 2 OF 2023

¶279

Petition under Sectibn^{1 51CPC prayingthat in the circumstances statedin} the affidavit filed^{in support of the petition,the High Court may be pleased to direct} the Respondent.No.S^{to publish the seat matrix providingfor both local and} unreservedStudentswhilepublishingforsecondcounsellingfortheacademicyear 2023-2024 of NEET^{(UG) Courses, pending disposalof the main WritPetition}

¶280

¶281

Counsel for the^petitioner: SRI ANUp KOUSHIK KARAVADI

¶282

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶283

(Dy. soLtclTOR GENERAL oF |NDIA)

¶284

Counsel for Respondent No. 3: Ms. GORANTLA SRt RANGA PUJITHA

¶285

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶286

TI{E ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶287

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶288

Counsel for Respondent No. B: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶289

WP NO:23103 oF 2023

¶290

Between:

¶291

Guntupalli Varshini Chowdary, D/o. G. Sanjay Chowdary, Aoed 1Z years, Student, lrrtinor represented 5y her ttrtuiri i=jthiii6r, cnowoirv, 5)"o. VJ,i[Ji.ifi,lr, chowdary,.ased 46 y"r;'r':ffi[ Yb 9-.:r,t_i1 Kavati, SpSR Nefiore Disrrict, nndnra pdtJirr _i-+idi'

¶292

AND

¶293

...pEflfloNER

¶294

Union of lndia. Reo. bv its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, Newbelhi - 1100ii.

¶295

.2. Union of lndia. Reo. Uv tts Secreiary 1He;, n4inistry of Education, 109_C, thastri^{Bhawan Ni:w} Delhi - 1 lOOO'1_'

¶296

1. National Medical Commission {N1,tCi= R-epresented by its Secretary, pocket_ 14 , Secror-8, Dwarka phase-t" tte#'oeitri-_-irtiiiT^",

¶297

State of.Tetangarra, Rep. by {s'prin;ipal S'."i"ffi,'n.rttn, Medical and c urrector o[ l9-milv^Wetfare Medac€l^{pcparrrirenr-,} Educ:tien,,^{S""retarirlUvOerJOib.'"'} Health, Medical and Family Welfare 6. Department, I elansa na.Va Govemment id ya Vidha na of paiishSa; D'epeffi T.r*gi';L,'S;;Ei#i ilitr"ntrrtn, b'riioingr, Medica Hyderabad.I and c o m m I Jsi<i ne rI D r,r- ;t ;i S'6" m p u s, s u ita n^-

¶298

E:g,J..:,iXfl :?j,[ Ep;Bl J.

¶299

7 Telangana Statq Medical Services and lnfrastructure Development, H3'E:'f,[',11I:i[?Bf LT.i'^31;'ti]Lifi:isLruH-znoFiooi,'brr,lano

¶300

8 ^aro,r^{Narayana Rao Universityof H-ealthSciences.(KN RUNS),} Rep.by rts Kegrstrar, Nizampura, Waranq-al. Tetanoa""^{-"--"' t''''}

¶301

a i:*?,"l,fl iilf S#ffi *fr :go;;!:ffi?Bilr',?1ffi ,,:A%Hearth,Medica,and R€spondent No.7 and c 11e_ deJgled as per Court Order dated as oer courr order dated z4.0o.2ozr in wi-.No]iirris-.ii'o.rs

¶302

Petition under Arlicte 226 of the Constitution of India ,rrr;ffil:il^tl;: circumstances stated tn the affidavit filed therewith, the High Court may be

¶303

¶304

pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS to

¶305

a. Declaring the Rule 3 (ll) (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2014 introduced vide G.O.Ms.No.72 dated O3.O7.2023, issued by Respondent.No.4ⁱⁿ allocating the 1o0% seats under Competent Authority Quota to local students of Telangana State as highly-illegal and contrary to the Section 95 of the Andhra Pradesh Reorganization Act,2014, the Andhra Pradesh Educational^lnstitutions (Regulation of Admissions) Orde(, 1974, apart from being violative of Articles 14 and 21 of the Constitution of lndia, 1950 and

¶306

b.Consequently, set-aside the amendment^{i.e., Rule} 3^{(ll) (h) of the} Telangana Medical and Dental Colleges Admissions^{(Admissions into MBBSand} BDS Courses) Rules, 20'14 introduced^{vide G.O.Ms.No.72 dated O310712023,} issued by the Respondent No.4 and declare^{the impugned Prospectus/Regulations} issued by the Respondent. No. 8^{(For MBBS/BDS Coursesfor the academic year} 2023-2024 under Competent authority^{quota)dated06.07.2023,as illegal and} arbitrary and consequently set-aside all other^{consequential notifications issued by} Respondent No.8 in continuation with their earlier^{notifications dafed- 06.O7 -2O23'} 26-07-2023 and 0248-2O23 and 03.08.2023

¶307

c.the Respondent.No.4 to 8 to^{restore the provisionsin force priorto the} issuance of G.O.Ms.No.72 dated O3lo7l2o23,^{issued by Respondent,No.4,} ensuring equal opportunity and^{protectionof the laws to the students of Andhra} Pradesh for the academic^yeat 2o23-2024of^{NEET(UG)Courses, by allowing the} petitioner to participate in the registration and counseling^{process as per the} Andhra Pradesh Educational lnstitutions^{(Regulationof Admissions)otder, 1974} and G.o.Ms.^{No..l.14, HM and Fw, DT-05-07-2017 and in consonance with Article} 371-DoftheConstitutionoflndia'andalsointermsofSection95ofTHE ANDHRAPRADESHREoRGANISATIoNACT'2014'aodalsointermsofthe judgments passed by the^{Honourable High Court}

¶308

¶309

lA NO: 1 OF 2023

¶310

Petition under section 1 51 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 operation of the impugned GOMs.No.72 dated 03.07.2023 issued by the Respondent.No.4, and the consequential prospectus/Regulations issued by the Respondent.No.S (For MBBS/BDS courses for the academic yea( 2oz3-2o24 under 'competent authority quota') dated 06.o7 .2023 and all other consequential notifications issued by Respondent No.g in continuation with their earlier notifications dated: 06.07.2o23, 26-07-2023 and oz-og-2023 and 03.08.2023 pending disposal of the main Wdt petition

¶311

lA NO: 2 OF 2oz3

¶312

Petition under section 15i 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 ResponcrentNo 8 to pr,rblish the seat matrix providing for both local and unreservcd students while pubrishing for second counselting for the academic year 2023-2024 of NEET (UG) courses, pending disposar of the main writ petition Counsel for the Petitioner: SRI ANUp KOUSHIK KARAVAOT

¶313

Counsel for Respondent Nos. 1 & 2: SRt GADI PRAVEEN KUMAR (Dy. SOLtctToR GENERAL oF tNDtA)

¶314

Counsel for Respondent No. 3: Ms. GORANTLA SRTRANGA PUJITHA

¶315

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAO,

¶316

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTTI.&FAMILY WELFARE

¶317

counsel for Respondent No. _6: sRl s. vlJAyA PRASHANTH, SC FOR TELANGANA VAIOYA VIOHANA PARISHAD

¶318

Counsel for Respondent Ng...B.. SRt A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UruTVCCSTW OT HEALTH SCIENCES

¶319

WP NO:23104 oF 2023

¶320

Between:

¶321

Chaparala Durga Sashank Bi:::!lgr"_1."ru'i;?i,"T;,:/B,il#1i.8"ffi..;,nX?.,,i1,.n1"::^l?fl,: AND ..PETITIONER

¶322

..PETITIONER

¶323

¶324

Union of lndia, Rep. by its Secretary,^{Ministry of Healthand Family Welfare,} Nirman Bhawan, New Delhi^{- 't 1001 1.}

¶325

Union of lndia, Rep. by its^{Secretary (HE), Ministry of Education'109-C,} Shastri Bhawan New Delhi - 110001.

¶326

National Medical Commission^{(NMC), Representedby its Secretary, Pocket-} 14 , Sector-8, Drvarka Phase-1 ,^{NewDelhi - 11OO77-}

¶327

State of Telangana, Rep. by its Principal^{Secretary' Health, Medical and} Familv Welfare Department, Secretariat,^Hyderabad.

¶328

Direct,or of MedicaiEducation,^{Health, Medical and Family Welfare} Department, Government of Telangana,^Secretariat 9uildings,.Hyderabad.

¶329

Teianoana Vaidya Vidhana^{Parishd,Department of Health,Medical and} Famili welfare, ilep. by^its Commissioner,^{DM and HS Campus, Sultan} Bazaat, Koti, Hyderabad.

¶330

Telanoana Stata Medical Services^{and lnfrastructure Development} Corpoiation (TSMSIDC), Rep. by^{its Managing Director, 2nd Floor, DM and} HS Campus,-sultan Bazaar, Koti,^Hyderabad.

¶331

Kaloii Ndrayina Rao University^{of H-ealthSciences (KNRUHS)'Rep. by its} Registrar, Nizampura, Warangal,^Telangana. . _

¶332

Staie of Andhra Pradesh, Rep.^{Oy its Principal Secretary,Health, Medical and} Family Welfare Department, Secietariat,^{Velagapudi,Amaravati.}

¶333

ResDondent No.7 and 9 are^{deleted as per CourtO} rder dated as^per Cou'rt Order dated 24.08.2023 in^{WP.No-231O4 of 2O23} ...RESPONDENTS Petition under Article 226 of the^{constitutionof lndiaprayingthat in the} circumstances stated in the^{affidavitfiledtherewith,the High courtmaybe} pleased to issue a writ, order, or direction more^{particularlyonein the nature of} WRIT OF MANDAMUS to

¶334

a. Declaring the Rule 3^{(ll) (h)} of^{the Telangana Medical and Dental} Colleges Admissions^{(Admissions into MBBSand BDS Courses) Rules, 2014} introduced vide G.o.Ms.No.72 dated^{0310712023,issued by Respondent-No.4in} allocating the 10o% seats under^{competent AuthorityQuota'tolocal studentsof} Telangana state as highly-illegal^{and contrary to the section95 of the Andhra} Pradesh Reorganization Act, 2014,^{the AndhraPradesh Educationallnstitutions} (Regulation of Admissions) order, 1974, apart^{from being violative of Articles14} and 21 of the Constitution^{of lndia, 1950and}

¶335

b. Consequently, set-aside^{the amendmenti.e., Rule 3 (ll) (h) of the} Telangana Medical and Dental colleges^{Admissions (Admissions into MBBSand} BDS Courses) Rules, 2014^{introduced vide G.o.Ms.No.72 datedO3lo7l2o23,} issued by the Respondent^{No.4 and declarethe impugnedProspectusiRegulations} issued by the Respondent. No. 8^{(For MBBS/BDSCourses for the acadethic year} 2023-2024 under competent authority^{quota)dated 0610712023.as illegal and} arbitrary and consequently set-aside^{all otherconsequential notifications issuedby}

¶336

¶337

Respondent No-B in continuation with their earrier notifications dated. o6to7t2o23. 2610712023 and OZtO8t2O23 and O3tO8t2O23,

¶338

c. the Respondent.No.4 to g to restore the provisions in force prior to the issuance of G.O.Ms.No 72 dated O3lOZl2O23, issued by Respondent.No.4, ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2o23-2024of NEET(UG) courses, by aflowing the petitioner to pa(icipate in the registration and counsering process as per the Andhra Pradesh Educationar Institutions (Reguration of Admissions) order, 1974 and G.o.Ms. No.114, HM and FW, DT. O5to7t2017 and in consonance.with Articre 371-D of the constitution of lndia, and arso in terms of section 95 of rHE ANDHRA PRADESH REORGANTSATTON ACT, 2o14, and arso in terms of the judgments passed by re Honourable High Cour.t

¶339

IANO:1OF2 o23

¶340

Petition under Section 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of thc petition, the High court may be preased to suspend the operation of the impugned GoMs.No.72 dated ogtolzo23 issued by the Respondent No.4, and the consequential prospectus /Regurations issued by the Respondent.No.S (For MBBS/8DS courses for the academic year 2023.2024 under competent authority quota ) dated 06107 t2o23 and a[ other consequentiar notifications issr.red by Resporrdent l.lo. g in continuation with their eariier notifications dated. o6to7 /2023, 26to7 t2023 and O2lO8l2O23 and O3tOBt2O23. pending disposal of the main Writ petition

¶341

lA NO: 2 OF 2023

¶342

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 preased to direct the Respondent.No.g to pubrish, the seat matrix providing for both rocar and unreserved students whire pubrishing for second counsering for the academic year 2023-2024 of NEET (UG) Courses, pending disposat of the main Writ petition Counsel for the Petitioner: SRI ANUp KOUSHIK KARAVADI

¶343

Counsel for Respondent Nos. 1 & 2: SRI cADl PRAVEEN KUiIIAR

¶344

(Dy. SOLtCtToR GENERAL OF tM)tA)

¶345

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶346

¶347

Counsel for Respondent Nos.^{4 & 5: SRIB. S. PRASAO,} THE ADVOCATE GENERAL FOR

¶348

SRI N. PRAVEEN KUMAR,

¶349

GP FOR MEDICAL, HEALTH & FAMILY^WELFARE

¶350

Counsel for Respondent No. 6: SRI S.^{VIJAYA PRASHANTH'} SC FOR TELANGANA^{VAIOYA VIDHANA PARISHAO}

¶351

Counsel for Respondent No. 8: SRI^{A. PRABHAKAR RAO'} SC FOR KALOJI NARAYANA UNIVERSTW^{OF HEALTHSCIENCES}

¶352

WP NO: 231O5OF 2023

¶353

Between:

¶354

Akkireddy Pranitha, D/o.^{Akkireddy Ramkumar, Aged} about 20 years, Student.' Ryo. 2-232,Anlareya^{Nagar,Ramanayyapeta,} Kakinada, East Godavari, Andhra Pradesh^{- 533005}

¶355

...PETITIONER

¶356

AND

¶357

Union of lndia, Rep. by^{its Secretary, MinistryofHealthand FamilyWelfare'} Nirman Bhawan, New Delhi^{- 1 10011.}

¶358

Union of lndia, Rep. by^{its Secretary(HE), Ministryof Education,1O9-C,} Shastri Bhawan New Delhi^{- 110001.}

¶359

National Medical Commission^{(NMC), Represented by its Secretary, Pocket-} 14 , Sector-8, Dwarka Phase-1,^{New Delhi - 11N77-} .

¶360

State of Telangana, Rep.^{by its Principal Secretary,.Health,Medical and} Familv Welfare Deoartmenl, Secretariat,^Hyderabad.

¶361

Direc[or of Medicai Education,^{Health, Medical and FamilyWelfare} Deoa(ment. Government^{of Telangana, Secretariat Buildings, Hyderabad'}

¶362

i"ianoana Vaidva Vidhana Parishd,^{Department of Health, Medical and} Famili welfare, Rep.by^{its Commissioner'DMand HS Campus,Sultan} Bazaar, Koti, Hyderabad.

¶363

7 Telanoana Stata Medical Services and lnfrastructure^Development, Corpo"ration^{(TSMSIDC), Rep.by its ManagingDirector, 2nd Floor,DM and} HS bamous.-sultan Bazaar. Koti, Hvderabad.

¶364

8 Kaloii Ndravina Rao University^{of H'ealthSciences(KNRUHS)'Rep-byits} Reoistrar. Nizamoura. Waranqal,^Telangana.

¶365

9 Staie of Andhra Pradesh,^{Red.bvits PrincipalSecretary, Health'Medical and} Family Welfare Department,^{Sedretariat,Velagapudi, Amaravati.}

¶366

Resoondent No.7 and 9 are^{deleted as per CourtO} rder dated as^per Couk Order dated 24.08.2023^{in WP.No.23105of 2023}

¶367

...RESPONOENTS

¶368

Petition under Article^{226 of the constitutionof lndia prayingthat in the} circumstances stated in the^{affidavitfiledtherewith, the High court may be} pleased to issue a writ, order, or direction^{more particularlyone in the nature of} WRIT OF MANDAIIUS tO

¶369

a. Declaring the^{Rule 3 (ll) (h) of the Telangana Medical and Dental} colleges Admissions^{(Admissions into MBBS and BDS Courses) Rules,2O14} introduced vide G.o.Ms.No.72^{daled 03.o7.2023, issuedby Respondent-No.4in}

¶370

¶371

allocating the 100% seats under 'competent Authority euota to rocar students of Telangana state as highly-i egar and contrary to the Section gs of the Andhra Pradesh Reorganizalion Act, 2o14, the Andhra pradesh Educational lnstitutions (Regulation of Admissions) order, 1974, apart from being violative of Articles 14 and 21 of the Constitution of lndia, 1 950 and

¶372

b.Conseouently, set-aside the amendment i.e., Rule 3 (lt) (h) of the Telangana Medicar and Dentar cofieges Admissions (Admissions into MBBS and BDS courses) Rules, 2014 introduced vide G.o.Ms.N o.72 dated o3.or.2023, issued by the Respondent No.4 and decrare the impugned prospectus/Regurations issued by the Respondent. No. g (For MBBS/BDS courses for the academic year 2023-2024 under competent authority quota) dated 06.07.2023, as iflegar and arbitrary and consequenfl), auar*,0" aI orher c.nsequentiar notifications issued by Respondent No.8 in continuation with their earlier notifications dated. 06.07.2023, 26-07-2023 and 02-08-2023 and 03.08 2023,

¶373

c.the Respondent.No-4 to g to restore the provisions in force prior to the issuance of G.O.Ms.No 72 dated 03.O1 .2023. issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2o23-202aof NEET(UG) courses, by afiowing the petitioner to participate in the registration and counseling process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 1974 and G.o.Ms. No.114, HtvrandFW, DT. o5-07-2017 and in coflsonance with Articre 371-D of the constitution of rndia. and arso in terms of section 95 of rHE ANDHRA PRADESH REORGANTSATTON ACT, 2014, and also in terms of the judgments passed by the Hon,ble High Court,

¶374

lA NO: 1 OF 2023

¶375

Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to suspend rhe operation of the impugned GoMs-No.72 dated 03.07.2023 issued by the Respondent. No.4, and the consequential prospectus/Regulations issued by the Respondent.No.B (For MB8S/BDS courses for the academ ic year 2o23-2024 under 'competent authority quota') dated 06.0r.2023 and a[ other consequentiar notifications issueci bv ResponrJent No.g in continuation with their earlier

¶376

¶377

notifications dated. 06.07.2023. 26-0l-2023^{and 02{8-2023 and 03-08.2023;,} pending disposal of the main Writ Petition

¶378

lA NO: 2 OF 2023

¶379

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^{may be pleasedto direct} the Respondent.No.S to^publish the seat matrix^providing for both^{local and} unreserved students while^publishing for second^{counselling for the academic year} 2023-2024 of NEET (UG) Courses,^pending disposal^{of the main Writ Petition} Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI

¶380

Counsel for Respondent Nos.¹ & 2: SRt GADI^{PRAVEEN KUMAR}

¶381

(oy. SOLICITOR GENERAL oF INDIA)

¶382

Counsel for Respondent No. 3: Ms. GORANTLA^{SRIRANGA PUJITHA}

¶383

Counsel for Respondent Nos.4 &^5: SRI^{B. S. PRASAO,} THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEOICAL, HEALTH & FAMILY WELFARE

¶384

Counsel for Respondent No. 6: SRI^{S. VIJAYA PRASHANTH,} SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶385

Counsel for Respondent No. 8: SRI A.^{PRABHAKAR RAO,}

¶386

SC FOR KALOJI NARAYANA UNIVERSITY^{OF HEALTHSCIENCES}

¶387

WP NO: 23106OF 2023

¶388

Between:

¶389

Banka Sri Harshitha, D/o. Banka Damodara Rao,^{Aged 18 years, Student,} R/o. Ward 23,Tadepalli Mandal, Guntur District,^{Andhra Pradesn} ...u"?11_13".*

¶390

AND

¶391

't. Union of India, Rep. by its Secretary, Ministry of^{Health and Family Welfare,} Nirman Bhawan, New Delhi -^11OO11.

¶392

1. Union of lndia, Rep. by its Secretary^{(HE),Ministryof Education, 109- C,} Shastri Bhawan New Delhi -¹ 10001.

¶393

National Medical Commissbn^(NMC), Represented^{by its Secretary, Pocket-} 14 , Sector- 8, Dwarka Phase- 1, New Delhi^{- 11OO77-}

¶394

State of Telangana, Rep. by its^{Principal Secretary,.Health,Medical and} Family Welfare Department, Secretariat, Hyderabad.

¶395

Directbr of Medica[ Education, Health,^{Medical and FamilyWelfare} Department, Government of Telangana,^Secretariat _Buildings,-Hyterabad.

¶396

Telangana Vaidya Vidhana Parishad, Department^{of Health,Medical and} Famil! welfare, Rep. by its Commissioner,^{OM and HS Campus, Sultan} Bazaar, Koti, Hyderabad.

¶397

-l0

¶398

Telangana State Medical Services and lnfrastructure Develooment Corporation (ISMSIDC), Rep. by ts Mr";E;s-Di;;il2il'iffi;: DM and nJ uampus, Suttan tsazaar. Koti. Hvderabarl

¶399

8 Sift.Yrqyla Rao Universily offi-eatth Sciences (KNRUHS), Rep. by its Kegtstrar, Nizampura, Waranoal. Telanoana

¶400

state of Andhra pradesh, Re{. by its principar Secretary, Hearth, Medicar and Family Wetfare Department, Secietariat, Vdrigipudi, niiarivaij.'

¶401

Respondent No.7 and g are dereted as per court order dated as oer court order dated 24.08.2023 in wp.No. 2itoo oi2&i'-

¶402

Petition under Atlbte 226 of the Constiturion of tndia ,rrt;,ffil:i',fll: circumstances stated in the affida'it fired therewith. the High courl may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF iT4ANDAMUS to

¶403

a. Declaring the Rure 3 ([) (h) of the Terangana Medicar and Dentar colleges Admissions (Admissions into fultstsS ancr tsDS courses) Rures, 2014 introduced vide G- o. Ms. No. 72 dated 03. 07.2023, issued by Respondent. No. 4 in allocating the 100% seats under competent Authority euota to local students of Telangana state as highry- ilegar and contrary to the section g5 of the Andhra Pradesh Reorganization Act, 2o14, the Andhra pradesh Educational lnstitutions (Regulation of Admissions) order, 19r 4 , apart fronr being viorative of Articres 1 4 and 21 of the Constitution of India, 1950 and

¶404

b. Consequenfly, set- aside the amendment i. e. , Rule 3 (lt) (h) of the Telangana Medicar and Dentar coleges .4cmisslons (Admlssions intc MBBS and BDS courses) Rures, 2014 introduced vide G. o. tvrs. No. rz dated 03. or. 2023, issued by the Respondent No. 4 and declare the irnpugned Prospectus/Regulations issued by the Respondent- No.8 (For MBBS/BDS Courses for the academic year 2O23- 2024 under Competent authority quota) dated 06. 07. 2023, as iflegar and arbitrary and consequentry set- aside a[ other consequential notifications issued by Respondent No. g in continuation with their earlier notifications dated 06. ot.2023,26- ot- 2023 and 02- oB- 2023 and 03. 08. 2023

¶405

c. the Respondent. No. 4- to g to restore the provisions in force prior to the issuance of G. O. Ms. No. 72 dated 03. 07. 2023, issued by Respondent. No. 4, ensuring equal opportunity and protection of the laws to the students of Andhra P'acesh for the academic year zo23- 2024of NEET(UG) courses, by aflowing the petitioner to participate in the registration and counseling process as per the

¶406

¶407

Andhra Pradesh Educational lnstitutions^(Regulation of Admissions)^Orde(,1974 and G. O. Ms. No. 114, HM and FW, DT^{05- 07- 2O17 and in consonance with} Article 371- D of the Constitution of lndia, and also^{in ternsof Section 95 of THE} ANDHRA PRADESH REORGANISATION ACT,^{2014, and also in terms of the} judgments passed by the Honble High Court

¶408

lA NO: 1 OF 2023

¶409

Petition under Section¹ 51 CPC^{praying that in the circumstancesstatedtn} the affidavit filed in support of^{the petition, the High Court may be pleasedto} suspend the operation of the^{impugnedGOMs. No. 72 dated 03. 07' 2023 issued} by the Respondent. No,4, and the^{consequentialProspectus/Regulationsissued} by the Respondent. No. 8^{(For MBBS/BDSCourses for the academic year 2023-} 2O24 under Competent authority^{quota) dated 06. 07. 2023 aN all other} consequential notifications issued^{by RespondentNo.8 in continuation with their} earfiernotifications dated 06.07.2023,26-07-2023^{and 02- 08'2023 and 03.O8.} 2023 , pending disposal of the^{main Writ Petitionand pass}

¶410

lA NO: 2 OF 2023

¶411

Petition under Section¹ 51 CPC^{praying that in the circumstancesstated in} the affidavit filed in support of^{the petition,the High courtmay be pleased to direct} the Respondent. No- 8 to^{publish the seat matrixprovidingfor both local and} unreserved students while^{publishing for second counselling for the academic year} 2023- 2024 of NEET^(UG) Courses,^{pending disposalof the main Writ Petition}

¶412

Counsel for the Petitioner:^{SRIANUP KOUSHIK KARAVADI}

¶413

Counsel for Respondent^{Nos.1 & 2: SRI GADI PRAVEEN KUMAR}

¶414

(Dy. SOLICIToR GENERAL^{OF INDIA)}

¶415

Counsel for Respondent^{No- 3: Ms. GORANTLA SRI RANGA PUJITHA}

¶416

Counsel for Respondent^{Nos. 4 & 5: SRIB' S' PRASAD,} THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN^KUMAR' GP FOR MEDICAL,^{HEALTH & FAMILY WELFARE}

¶417

-ll

¶418

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶419

Counsel for Respondent No. B: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶420

WP NO: 23107 0F 2023

¶421

Between:

¶422

Aaiswarya .^{VenkataSolasa, D/o. Solasa} Venkata^phani Kumar. Aoed 1 7 years, Student, Minor represenred by her ruatuiJiFatieiTdu;ili;' h/;.ffi;; venkata^phani Kumar,_s/o. Venkard ni.a r'railncia Krirhd R;;;'d;i";) years, Rl/o. l-3111 . FF_1 , Lakshmi Nilayam, -Enikepadu, Krishna,Tilhr; Pradesh - 521 1OB

¶423

ANO

¶424

..PET|flONER

¶425

1 . Nirman Bhawan, Union of lndia. Reo. New'Delhi by^its. Secretary, Ministry _ f fOOii.-^"-"' of Health and^""' Family Welfare, t^{tt E} I,^{M i ni s rry} o r Ed uca rio n, 1 os-c,

¶426

i^{!fr:"Jf 5 l{:i?Xft B*06:1i,.-","{8111}

¶427

National Medical Commiss;on 1*MC j, Represented by its Secretary, pocket. 11,^{Sec_tqr-8,Dwarkaphase_1} ,^{ttew'Oeini_-r-itjtjTr}

¶428

State of.Telanga_na,, Rep. Oyli erincipit S"il6,y, Heatrh, Medicat and

¶429

^{t-amily Welfare Depa(nienl,} Secretariit, t_tvOeriodO. s Director of Medicai Educati,;I. He;tril, Medililii-ramiry werfare ^^{Department, Governmenr} "f^{T;b;g;;;.-$;;i#iteriroi;,g.,} r-rvoerauao 6. reta nsana Vaidya Vid hana paiiinSo,, i.pi-,iilE,ii or He; iifi , ivdi-l"",i'ii; Famity w.etfare, FRep.by ts Com;ir;d;A'dM;ilHS campus, Sutran Bazaar, Koti, Hvdeiab'ad:

¶430

Telanqana Stata Medicql Services and Infrastructure Develooment Cgrp_o-ration (TSMStDrcO, Rep.UV ["r"f'riir"Eni"Oir""tor, 2nd Fbor, DM and

¶431

^^{!_rs caqpus,'suttanBazaar, (otil r-rvoeii;jj'" ""}

¶432

u. Karolr Narayana Rao lJniversity of Heatth Sciences (KNRUHS), Rep.by its ^^{Registrar, Nizampura,warano'ai feLnil;''"*"}

¶433

e' stare or Andhra pradesh, Ref.by its pn"ncipar secretary, Hearth, Medicar and Farnity Wetfare Departmenr. Seire6;iai. VEi;gi-p"udi, Amaravati

¶434

Respondent No.7 and g_are deleted as per Court Order dated as oer Court order dated z4.og.io23 i" wp.ri"Iisio"i of zo23

¶435

Petition under A(icle 226 of the Constitution of lndia ,rrr,ffil:i-,or.l;: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶436

a- Decraring the Rure 3 (I) (h) of the Terangana Medicar and Dentar colleges Admissions (Admissions into MBBS and BDS Courses) Rures, 2014 introduced vide G.o.rvrs.No.72 ,ated aaa.12023, issueo by Resporrdent. No.4 in allocating the 100% seats under competent Authority euota, to rocar students of

¶437

J-)

¶438

Telangana State as highly-i{legal^{and contrary to the section 95 of the Andhra} Pradesh Reorganization^{Act, 2O14, the AndhraPradesh Educational lnstitutions} (Regulation of Admissions) order, 1974, apad^{from being violative of Articles14} and 21 of the Constitution^{of lndia, 1950 and}

¶439

b.Consequently, set-aside the^{amendmenti.e., Rule 3 (ll) (h) of the} Telangana Medical and Dental^{collegesAdmissions (Admissions into MBBS and} BDS Courses) Rules, 2014^{introducedvide G.O.Ms.No-72 dated0310712023,} issued by the Respondent^{No.4 anddeclaretheimpugned} Prospectus/Regulations issued by^{the Respondent.No.8 (ForMBBS/BDS} courses for the academic^{year 2023-2024 undercompetent authority quota)} dated 06.07.2023, as illegal^{and arbitrary andconsequently set-asideall other} consequential notifications^{issuedby Respondent No.8 in continuation with their} earlier notifications dated^{0610712023, 2610712023and0210812023and} 03to812023

¶440

(c) the Respondent.No.4 to 8 to^{restorethe provisionsin force prior to the} issuance of G.O.Ms.No.72^{daledO3lO7l2O23, issued by Respondent'No'4,} ensuring equal opportunity^{and protectionof the laws to the students of Andhra} Pradesh for the academic^{year 2O23-2024of NEET(UG)Courses, by allowing the} petitioner to participate in the registration^{and counseling process as per the} Andhra Pradesh Educational^{lnstitutions (Regulationof Admissions)order,1974} and G.o.Ms. No.114, HM^{and FW,DT O5tO712017 and in consonance with Article} 371-D of the Constitution of^{lndia, and also in terms of Section 95 of THE} ANDHRA PRADESH REORGANISATION^{ACT, 2014,and also in terms of the} judgments passed by the Honourable High Court

¶441

lA NO: I OF 2023

¶442

Petition under Section^{1 51 CPC prayingthat in the circumstancesstated} in the affidavit filed in support^{of the petition,the High court may be pleased to} suspend the operation^{of the impugned GoMs.No.72daledo3lo7l2o23issued by} the Respondent.No.4, and^{the consequential Prospectus/Regulations issuedby} the Respondent.No.S^{(For MBBSiBDS Coursesfor the academic year2O23-2024} under^,competent authority^{quota') dated06107l2o23and all other consequential} notifications issued by Respondent^{No.8 in continuation with their .earlier}

¶443

.14

¶444

notifications dated: o6to7l.2023, 26107 t2023 and o2to8t2o23 and o3to8t2023;. pending disposal of the main Writ petition

¶445

lA NO: 2 OF 2023

¶446

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent.NoS to publish the seat matrix providing for rroth rocar and unreserved students wtrire pubrishing for second counsefiing for the academic year 2023 - 2024 of NEET (uG) courses, pending disposar of the rnain writ Petition

¶447

Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI

¶448

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶449

(Dy. SOLtctToR GENERAL OF tNDtA)

¶450

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶451

Counsel for Respondent Nos. 4 & S: SRI B. S. PRASAD,

¶452

THE AOVOCATE GENERAI- FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶453

Counsel for Respondent No.6: SRI S. VIJAYA PRASHANTH,

¶454

SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶455

Coiinsei for Respondent iio. B: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶456

WP NO: 23 108 0F 2023

¶457

Between:

¶458

Polabathina Sri Charan Teja,, S/o. po]abathina Srinivasa Rao, Aged about.lg years. Student, Ryo. 9-161, ranuru, F;il;i;;, [rilina, nnonra^pradesh _ 521139

¶459

AND

¶460

...PETITIONER

¶461

Union of lndia.. Reo. bv its Secret3ry, Ministry of Health and Family Welfare, Nirman Bhawan, New belhi - 11001i.

¶462

Union of lndia,, Rep. by its Secretary (HE), Ministry of Education, 109_C. Shastri Bhawan New dethi - 11OO0i

¶463

Natio^nal 14 , Sector-8, Medical Commission Dwarka phase-t', (NMC), Represented by Newbethi _ tlOOit.' its^* Secretary, pocket_ A State of .Tel.angana,, Rep. by its pnncipat Suc.uii"y,^'Herlth, Ivledical and Family Welfare Department, Secretariit, Hyderabjd.^--

¶464

Drrector of Medical Education,, Health, It4etiical and Family Welfare Department, Government of Telangana. Secretaiiat euiiJiirgs, HydLrabad.

¶465

¶466

Telangana Vaidya Vidhana Parishad,, Department of Health,^Medicaland Family welfare, Rep.by its Commissioner, DM and HS Campus, Sultan Bazaar, Koti, Hyderabad.

¶467

Telangana State Medical Services and lnfrastruclure Development Corpoiation (TSMSIDC), Rep.by its Managing Director, 2nd^{Floor, DM'and} HS Campus, Sultan Bazaar, Koti, Hyderabad.

¶468

Kaloii Ndrayana Rao University of Health Sciences^{(KNRUHS),Rep.byits} Registrar, Nizampura, Warangal, Telangana.

¶469

Sta'ie of Andhra Pradesh, Rep.by its Principal^{Secretary, Health, Medical and} Family Welfare Department, Secretariat,^{Velagapudi,Amaravati.}

¶470

Respondent No 7 and 9 are deleted as^{per Court Order dated as per} Couh Order dated 24 08 2023 in WP No 23108^of 2o23

¶471

...REspoNDENTs Petition under Article 226 of lhe Constitution of^{tndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court may be} pleased to issue a writ, order, or direction more^{particularlyone in the natureof} WRIT OF MANDAMUS tO

¶472

a. Declaring the Rule 3 (ll)^(h) of^{the Telangana Medical and Dental} Colleges Admissions^(Admissions into^{MBBSand 8DS Courses) Rules, 2014} introduced vide G.O.Ms.No.72 dated O3lO7l2O23,^{issuedby Respondent.No.4in} allocating the 1oo% seats under^{competent Authority Quota'to localstudentsof} Telangana State as highly-illegal^{and contrary to the Section95 of theAndhra} Pradesh Reorganization Acl, 2o14, the^{Andhra Pradesh Educationallnstitutions} (Regulation of Admissions) order, 1974, apart from^{being violative of Articles14} and 21 of the Constitution of lndia,^{1950 and}

¶473

b. Consequently, set-aside the^{amendmenti-e., Rule 3 (ll) (h) of the} Telangana Medical and Dental Colleges^{Admissions (Admissions into MBBSand} 8DS Courses) Rules, 2014 introduced^{videG-O,Ms-No.72daled 0310712023'} issued by the Respondent No.4 and^{declarethe impugned Prospectus/Regulations} issued by the Respondent. No. 8^{(For MBBS/BDS Coursesfor the academic year} 2O2g-2O24 under Competent authority^{quota)dated06.07 -2023, as illegaland} arbitrary and consequently set-aside^{all otherconsequential notificationsissuedby} Respondent No.8 in continuation with their^{earlier notificationsdated. 06107l2o23,} 2610712023 and o2lo8l2o23 and^{o3lo8l2o23.the Respondent.No.4to 8 to restore} lhe provisions in force Prior^to

¶474

ctherespondentsNo.lltostorestoretheprovisionsinforcepriortothe issuance of G.o.Ms.No.72^{dated o3to7t2o23,issued by Respondent.No.4,} ensuring equal opportunity^{and protectionof the lawsto the students of Andhra} Pradesh for the academic^{year 2o23-2024of NEET(UG) Courses, by allowingthe}

¶475

¶476

petitioner to participate in the registration and counserino process as oer the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 19r4 and G.o.Ms. No.114, HMandFW, DT. ostol2olr and in consonance with Articre 371-D of the constitution of rndia, and arso in terms of section 95 of rHE ANDHRA PRADESH REORGANTSATTON ACT, 2014, and arso in terms of the iudgments^passed by the Hon'ble High Court.

¶477

lA NO: 1 oF 2023

¶478

Petition uncrer sectaon 15i cpc praying that in the circumstances stated in the affidavit faled in support of the petition, the High court may be preased to suspend the operation of the ampugneci GoMs.No.72 oated o3rofl2023 issued by the Respondent.No.4. and the consequential prospectus/Regulations issued by the Respondent.No.8 (For MaBS/BDS courses for the academic year 2023-2024 under 'competent authority quota') dated 06.or.2023 and afl other consequentiar notifications issued by Respondent No.g in continuation with their earlier notifications dared. 0610712023, 26t07t2o23 and o2to}l2o23 and u3to}t2o23. pending disposal of the main Writ petition

¶479

lA NO: 2 OF 2023

¶480

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent. No-8' to pubrish the seat matrix pro'iding for both rocar and unreserved students whire pubrishing for second counsefling for the academic. year 2023-2024 of NEET (UG) Courses, pending disposal of the main Writ petition Counsel for the^petitioner: SRi ANUp KOUSfltK KAftAVADI

¶481

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶482

(Dy. SoLtCtToR GENERAL OF INDIA)

¶483

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶484

Counsel for Respondent Nos. 4 E 5: SRI8. S. PRASAO,

¶485

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KI'MAR, GP FOR MEOICAL, HEALTH & FAMILY WELFARE

¶486

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISI{AD

¶487

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO,

¶488

SC FOR KALOJI NARAYANA UNIVERSITY OF^{HEALTH SCIENCES}

¶489

WP NO: 23109 OF 2023

¶490

Between:

¶491

Mohana Yadla, D/o. Kirankanth Yadla,^Aged 17^{years, Student, Minor} represented by her Natural Father/Guardian^{Mr. Kirankanth Yadla, S/o. Yadla} M6han Rao, aged 4S^years, Rl/o.^{1O-2-2891118iFlat No.103,Keerthi Krishna} Apartment, Shanthi Nagar, Hyderabad^- 500028

¶492

...pETtrroNER

¶493

AND

¶494

Union of lndia, Rep. by its Secretary,^{Ministry of Health and Family Welfare,} Nirman Bhawan, New Delhi^{- 1 10011.}

¶495

Union of lndia, Rep. by its Secretary^{(HE),Ministryof Education,109-C,} Shastri Bhawan New Delhi^- 1't0001.

¶496

National Medical Commission^{(NMC), Represented by its Secretary, Pocket-} 14 , Sector-8, Dwarka Phase-1 ,^{New Delhi- 11OO77.}

¶497

Staie of Telaigana, Rep. by^{its Principal Secretary,.Health,Medical and} Familv Welfare Department, Secretariat,^Hyderabad.

¶498

Direcior of Medica[ Education,^{Health, Medicaland FamilyWelfare} Deoartment. Govemment^{of Telangana, Secretariat Buildings, Hyderabad.}

¶499

Teianoana Vaidva Vidhana^{Parishid, Department of Health, Medical and} Famili welfare, Ftep.by its Commissioner,^{DM and HS Campus'Sultan} Bazaar. Koti. Hvderabad.

¶500

7 Telanqina Statb UeOicat Services^{and lnfrastructureDevelopment-.} . Corpoiation^{(TSMSIDC), Rep.by its Managing Director, 2nd Floor, DM and} HS Campus, Sultan Bazaar, Koti,^Hyderabad.

¶501

8 Kaloii Ndrayina Rao University^{of HealthSciences (KNRUHS)'Rep.byits} Reqistrar. Nizampura, Warangal,^Telangana.

¶502

I Stiie of AnOtrra Prad6sh,^{Rep'.byits Principal Secretary, Health'Medical and} Family Welfare Department,^{Secretariat, Velagapudi, Amaravati.}

¶503

Respondent No 7 and 9 are deleted^{as per Court Orde} r dated as per court order dated 24 08 2023 in^{WP No 23109 0f 2023}

¶504

,..RESPONDENTS Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the HighCourt may be} pleased to issue a writ, order, or direction more^{particularlyone in the nature of} WRIT OF MANDAMUS tO

¶505

a. Declaring the Rule 3^{(ll) (h)} of^{the Telangana Medical and Dental} coileges Admissions^{(Admissions into MBBS and BDS Courses) Rules, 2014} introduced vide G.o.Ms.No.72^{dated o3to7t2o23, issued by Respondent.No,4in} allocating the 100^{percent seats underCompetent AuthorityOuota to local} students of Telangana^{State as highly-illegaland contrary to the Section95 of} theAndhraPradeshReorganizationAct'2ol4,theAndhraPradeshEducationa| lnstitutions^{(Regulationof Admissions)O-,i,et, 1974' apart from being violative of} Articles 14 and 21^{of the Constitution of lndia, 195Oand}

¶506

¶507

b- Consequen y, set-aside the amendment i.e., Rule (llXh) of the Telangana Medicar and Dentar cofleges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vide G.o.Ms.No.72 dated o3toil2o23, issued by the Respondent No.4 and declare the impugned Prospectus/Regulations issued by the Respondent. No. g (For MBBS/BDS Courses for the academic year 2023- ZO24 undetr Competent authority quota) dared 0610712023, as ifiegar and arbitrary and consequenfly set-aside a[ other consequential notifications issued by Respondent No.g in continuation with their earlier notifications dated OO|O7l2O23, 26lott2O23 and O2tO8l2O23 and o3toa2a23.

¶508

c the Respondent-No.4 to g to restore the provisions in force prior to the issuance of G O_tvls.No.lZ ,Jaterl O3tOlt2O23, issued by Respondent.No.4, ensuring equar opporlunity and protection of the raws to the students of Andhra Pradesh for the academic year 2023- 2024of NEET(UG) courses, by aflowing the petitioner to participate in the registration and counsering process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 19r4 and G'o Ms' No.114, HIr/ and FW, DT. ostoTtzolT and in consonance with Article 371-D of the constitution of rndia, and arso in terms of Section 95 of rHE ANDHRA PRADESH REORGANTSATTON ACT, 2014, and also in terms of the judgments passed by the Honble Hiqh Court

¶509

lA NO: 1 o F 2023

¶510

Petition under section 151 cpc praying that in the circumstances stared in the affidavit fited in support of the petition, the High Court may be pleased to suspend the operation of the impugned GoMs.No.72 dared 03to7t2023 issued by the Respondent No 4, and the consequentiar prospectus/Regurations issued by the Respondent.No.g (For MBBS/BDS Courses for the academ ic year 2023-2024 under 'competent authority quota') dated 06.o7 .2023 and all other consequential notifications issued by Respondent No.g in continuation with their earrier notifications dated: o6to7 r2o23. 26tor2o23 and o2ro,t2o23 and o3to,t2o23. pending disposal of the main Writ petition

¶511

lA NC: 2 OF zQzs

¶512

Petition under Section 1 51 CpC praying that in the circumstances stated in the afficiavrt frled in suppo( of the petition, the High Court may be pteased to

¶513

¶514

direct the Respondent.No.S^{to publish the seatmatrix providing for bothlocal and} unreserved students whale^{publishing for second counselling for the academic} year 2o2g-2\24 of NEET^{(UG) Courses, pending disposalof the mainWrit} Petition

¶515

Counsel for the^{Petitioner:SRIANUP KOUSHIKKARAVADI}

¶516

Counsel for Respondent^{Nos-'l & 2: SRIGADI PRAVEEN KUMAR} (Dy. sollclToR GENERAL^{oF INDIA)}

¶517

Counsel for Respondent^{No- 3: Ms. GORANTLA SRI RANGA PUJITHA}

¶518

Counsel for Respondent^{Nos- 4 & 5: SRI B' S' PRASAD'} THE ADV@ATE^GENERALFOR SRI N. PRAVEEN^KUMAR, GP FOR MEOICAL,^{HEALTH& FAMILY WELFARE}

¶519

Counsel for Respondent^{No. 6: SRI S. VIJAYA PRASHANTH'} SC FOR TELANGANA^{VAIDYA VIDHANA PARISHAD}

¶520

Counsel for Respondent^{No. 8: SRIA- PRABHAKAR RAO,} SC FOR KALOJI^{NARAYANA UNIVERSITY OF HEALTHSCIENCES}

¶521

WP NO:2311O^{OF 2O23}

¶522

Between:

¶523

Golusu Lakshmi^{Sahasra, Dio. Golusu Usha Devi'A.g.ed} -17^{years, .Student,} Mi;;;"-p;;;;iLoti^{r,ei lriaturat Mother/GuardianMr Golusu Usha Devi'} il;, i;[ ;;^{].i" g"} -S iu, pi,sad, Street, Kowur^{Mandal,West Godavan, Anonra} ;"r.%*r^l:ffi;oy.?^{Hraoesrulro JJ;,,} T::l:: ...pETtIoNER

¶524

AND

¶525

Union of lndia, Rep.^{by its Secretary, Ministryof Healthand FamilyWelfare'} Nirman Bhawan. New^{Delhi - 110011.}

¶526

iilil;';f tn-a;;,'rt"il'6v^{iG S..reiarv (HE)' Ministryof Education''1oe-c'} Shastri Bhawan^{New Delhi- 110001.}

¶527

ilffi ;l MA-"ri dom(nistion itttt"tb),^{nep"t"nted-by its secretary'Pocket-} ia , stit.i-A bwarka^{Phase-1', NewDelhi - 11oo77 '} .

¶528

Sili.-"ii.rii^{qjnl, n.p. oy its'ernOpatSecretary',Health'Medica| and} Familv Welfare^{Department, Secretanat, Hyderaoao}

¶529

if#il; ;iffi i"ir'Ei^{riiti ir, r6iiin,Meoicatand Familvwelrare} Deoarrment, Govemment^{oiti"rG;i;:'S;ietiriitguituings,.Hyderabad}

¶530

I:llIi)'JE^{j#l[ysffi tCnnnlrlBtrfl l"'is3'Jfu ]ii'dffi !i} P,azair. Koti. HYderabad.HYderabad.

¶531

P,azair. Koti. HYderabad.HYderabad.

¶532

7 YI[llH"X 5tii6-rrr"a-1""r^{Servicesand lnf rastructure Develooment} cnrno-rarion^(TSMSIDC), n'ii'ltiii"-i'iiiiaging^{oirector'2ndFloor'DM and}

¶533

8 E.:,',tiliF;-t"'ru'iifl^{r[lXtl,lB1ln"".(KNRUHS)'Repbvits} ii6s-Gtili,-(ou.pura,^{Warangal' Telangana'}

¶534

¶535

State of Andhra pradesh, Rep.by its principat Secretary, Health, Medical and Famity wetfare Departmenr, 5.-ir"triiri,'VEijfr"pudi, Amaravati.

¶536

Respondent No 7 and 9_ a_re deleted as per Court Order dated as oer court order dated 24oB ioza-i;wii-o"iii6-"izritt- --rvs^qe re,

¶537

Petition under A(icte 226 or the Constitution of tndia ,.";;ffiil:i',"tH: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a r+r'it, order, or direction more particurarry one in the nature cf ,WRIT OF MANDAMUS tO

¶538

a. Declaring the Rule 3 (ll) (h) of the Tetangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vicie G.O.Ms.N o.l2 dated 03.07.2023, issued by Respondent.No.4 in allocating the 100% seats under 'competent Authority euota, to rocar students of Telangana State as highry-iflegar and contrary to the section 9s of the Andhra Pradesh Reorganization Act, 2014. the Andhra pradesh Educationar rnstitutions (Regulation of Adrnissions) o!'ce!', '! -o74. apart from being viorative of Articres 14 and 21 of the Constitutiorr of lrrdia, 1g50 and

¶539

b. Consequenuy, set_aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medrcar and Dentar coreges Admissions (Admissions into MBBS and BDS Courses) Rures. 2014 introduced vide G.o.Ms.N o.72 dated 03.07.2023, issued by the Respondent No.4 and decrare the impugned prospectus/Regurations issued by the Responoenr, Nio. B (For MBBS/BDS courses for the academic year 2023-2024 under Competent authority quota) dated 06.07.2023, as illegal and arbitrary and consequeny set-aside a other consequentiar notifications issued by Rq5pondent No.B in continuation with their earrier notifications dat€d. 06-07.2023, 26-07-2023 and O2-O8_2O23 and 03.08.2023

¶540

C. the Respondent.No.4 to g to restore the provisions in force prior to the issuance of G,O_Ms.No 72 dated O3.Ol .2OZ3, issued by Respondent.No.4, ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2023-202a or NEET(UG) courses, by arowing the petitioner to participate in the registration and counsering process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 1g74 and G'o'Ms No 114' Htr'and FW, or' 05-07-2017 and in consonance with Article 371-D of the Constitution of India, and also in terms of Section 95 of THE

¶541

¶542

ANDHRA PRADESH REORGANISATION^{ACT, 2014, and also in terms of the} judgments passed by the Hon'ble High Court

¶543

lA NO: 1 OF 2023

¶544

Petition under Section 151 CPC^praying that^{in the circumstancesstated in} the affidavit filed in support of the^{petition, the High Court may be pleasedto} suspend the operation of the impugned^{GOMs.No.72dated 03.07.2023 issuedby} the Respondent.No.4, and the consequential^{Prospectus/Regulations issuedby} the Respondent.No.8 (For MBBS/BDS^{Coursesfor the academic year2023-2024} under 'Competent authority^{quota') dated 06.07.2023 and all other consequential} notifications issued by Respondent^No.B in^{continuationwith theireadier} notifications dated. 06.07.2O23, 26'07-2023^{and O2-O8-2O23 and 03.08.2023;'} pending disposal of the main Writ Petition

¶545

lA NO: 2 OF 2023

¶546

Petition under Section¹ 51 CPC^praying that in the^{circumstances statedin} the affidavit filed in support of the^{petition, the High Court may be pleasedto direct} the Respondent.No.S to^publish the^{seat matrix providing for both local and} unreserved students while^{publishing for second counselling for the academic year} 2023-2024 of NEET (UG) Courses,^pending disposal^{of the main Writ Petition} Counsel for the Petitioner: SRI ANUP KOUSHIK^KARAVADI

¶547

Counsel for Respondent Nos.^'t & 2: SRI GAOI^{PRAVEEN KUMAR} (Dy. SOLlclToR GENERAL oF lNolA)

¶548

Counsel for Respondent No. 3: Ms. GORANTLA^{SRI RANGA PUJITHA}

¶549

Counsel for Respondent Nos. 4 & 5:^{SRI B. S. PRASAD,} THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY^WELFARE

¶550

Counsel for Respondent No. 6: SRI S.^{VIJAYA PRASHANTH,} SC FOR TELANGANA VAIDYA VIDHANA^PARISHAD

¶551

Counsel for Respondent No. 8: SRI A. PRABHAKAR^RAO, SC FOR KALOJI NARAYANA UNIVERSIW OF^{HEALTHSCIENCES}

¶552

1 )

¶553

WP NO: 23 112 0F 2023

¶554

Between:

¶555

Tenali Krishna Sahithi, , D/o. Tenali Rama Mohana Rao, Aged about 19 yea.rp, Qcc Studenr, R/o. H No.4-95, BhavudevaraprG,' XrilnrJ6iiiri"tl Andhra Pradesh State -521^'120

¶556

ANO

¶557

...PETtTIONER

¶558

Ilg,P",+::i IS]llgang.^{Represented by its principalSecretary Medicat and} Heatrn t-amttv Wetfare Deoarlment Secretariat Buiidinq, Hyderabad 500 055

¶559

Kaloji Naraydna Rao Univ'ersiry bineJtttr'scierrcer] iEirnq"n" Reo. bv irs vrce.lr.nance or Nizampura, Warangal, Telangana 506004

¶560

Y'^o,I.Ir_rqy,,r_!9^{Rao UniversityOj Health Sci6nces,Telangana Rep. by its} ttegtstrar, Ntzampura, Warangal,Telangana 506007

¶561

...RESPONDENTS Petition under Articie 220 of the Con stitution of india praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of 'WRIT OF MANDAMUS, ro

¶562

(a) Declare the Rute 3 (il) (d), (e) and (h) of the Telangana Medicat and Dental colleges Admissions (Admissions inio ivlBBS and BDS courses) Rures, 2017 amended/introduced vide G.o.Ms.N o.72 dated o3.or.2023, issued by Respondent No. 1.' through which the reservations as contemprated in the unamended clauses of Rure 3 (1i ) (d), (e) are restricted in coflages estabrished prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 1o0% seats under 'competent Authority euota' in the cofieges established after 2nd June, 2014 are alocated to rocar students of rerangana State as illegal, Arbitrary, irregular, irrational, contrary to the Andhra pradesh Reorganization Acl, 2014 apart f rom being viotative of Articles 14 and 2.1 of the Constitution of lndia, 1g50 and consequentially set aside the same,

¶563

b) Declare the admission counseling prospectus/Regulations issued by the Respondents No. 2 and 3 (For MBBS/BDS courses for the academic year 2023-2024 under competent authority quota) dated 06.o7.2023, as iflegar, arbitrary and the same liable to be set_ aside and,

¶564

(c) Direct the Respondent. No.'r to restore the provisions in force prior to the issuance of G.O.Ms.No.72 dated 03.O7.2023. issued, by Respondent.No.l . ensuring equal opportunity and protection.of the laws to the students of Andhra Pradesh for the academic year 2023-2024 of NEET (UG) Courses

¶565

4--\

¶566

lA NO: 1 OF 2023

¶567

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 operation of the impugned GOMs.No.72 dated 03.07.2023 issued by the Respondent No. 1, and also the consequentially issued Prospectus/Regulations published by the Respondent University (For MBBS/BDS Courses for the academic year 2023-2024 under 'Competent authority quota) dated 06.O7.2023, pending disposal of the main Writ Petition and pass such other order or orders as this Honble Court may deem fit and proper in the circumstance of the case and consequentially conduct the counseling for the academic year 2023-2024 in line with the pre-existing provisions of the Telangana Medical and Dental Colleges. Admissions (Admissions into MBBS and BDS Courses) Rules, 2017, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI SRINIVASA SRIKANTH

¶568

Counsel for Respondent No. 1: SRI B. S. PRASAD,

¶569

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶570

Counsel for Respondent Nos. 2 & 3: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶571

WP NO: 23158 OF 2023

¶572

Between:

¶573

lmmadisetty Venkata Sarvika, D/o. lmmadisefty Sudheer Kumar, Aged 17 years, Student, Minor represented by her Father /Natural Guardian Mr. lmmadisetty Sudheer Kumar, S/o. Venkata Ramaniah, aged^zt8 years, R/o.^'1- 1-273, NC Balaiah Nagar,Nawabpet-Nellore, Andhra Pradesh - 524OO2

¶574

Chittiprolu Amali Divya Lakshmi, D/o Chittiprolu Kishore Kumar Aged 1 7 years, Student, Minor represented by her Father/Natural Guardian Mr. Chittiprolu Kishore Kumar, S/o. Rama Krishna Rao, aged 48 years, Rl/o 1313-509.2'Line. Krishna Nagar, Guntur, Andhra Pradesn - Urr099"rr,r,o"r*.

¶575

AND

¶576

1 State of Telangana, Rep by its Principal Secretary, Departrnent of Health and Medical and Family Welfare, Secretariat, Hyderabad

¶577

2 KNR University Health Sciences, Warangal, Rep by its *"n,.rrLt.""oNoENrs

¶578

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particulady one in the nature of WRIT OF MANDAMUS to

¶579

,+J

¶580

(a). Declare the Rule 3 (lt) (d). (e) and (h) of the Tetangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017 amended/introduced vide G.O.Ms.No.l2 dated O3.O7.2023, issued by Respondent No. 1., through which the reservations as contemplated in the unamended Clauses of Rule 3 (11) (d), (e) are restricted in collages established prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 100 percentage seats under 'Competent Authority euota, in the colleges established after 2nd June, 2014 are allocated to local students of Telangana State as illegal, Arbitrary, irregular, irrational, conlrary to the Andhra Pradesh Reorganization Acl,2o14 apart from being violative of Articles 14 and 21 of the Constituti-on'of-li-dia, i 950 and consequentrally set aside the sarne

¶581

b)- Declare the admission counseling Prospectus/Regulations issued by ttre Respondent No. 2 (For MBBS/BDS Courses for the academ ic year 2023-2024 under Competent authority quota) dated 06.07.2023, as illegal, arbitrary and the same liable to be set- aside and

¶582

(c). Direct the Respondent.lJo. '! to restore the provisions in force prior to the issuance of G.O.Ms.No.72 daled O3.O7.2023, issued by Respondent.No.l, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2023-2024 of NEET (UG) Courses

¶583

lA NO: 1 OF 2023

¶584

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 operation of the impugned GoMs.No.72 dated 03.07.2023 issued by the Respondent No. 1, and also the consequentially issued Prospectus/Regulations published by the Respondent No.2 (For MBBS/BDS courses for the academic year 2023-2024 under 'competent authority quota) dated 06.07.2023, pending disposal of the main writ petition and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstance of the case and consequentially conduct the counseling for the academic year 2023'2024 in line with the pre-existing provisions of the Telangana Medical and Dental colleges. Admissions (Admissions rnto MBBS and BDS courses) Rules, 2017, pending disposal of the main Writ Petition

¶585

Counsel for the Petitioner: SRt SR|N|VASA RAO PACHWA

¶586

¶587

Counsel forRespondent No. 1: SRI B. S. PRASAD,

¶588

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶589

Counsel for Respondent No. 2: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSIW OF HEALTH SCIENCES

¶590

WP NO: 23199 OF 2023

¶591

Between:

¶592

Chinthalapudi Poojitha Sree, D/o CH. Lakshmi Reddy, Aged about 19^y€ars, Occ. Student, Rr/o. H.No.4-1-29-63, RadhaKrishna Murthy Road, Ranigari Thota, Vijayawada Krishna District. A.P.

¶593

...pETt.oNER

¶594

AND

¶595

State of Telangana, Rep. by its Principal Secretary, Departrnent of Health and Medical and Family Welfare, Secretariat, Hyderabad.

¶596

Kaloji Narayana Rao University of Health Sciences, Represented by its Registrar' warangal'

¶597

...REspoNDENTs

¶598

Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order. or direction more particulady one ln the nature of WRIT OF fiIANDAMUS to

¶599

(a). Declare the Rule 3 (ll) (d), (e) and (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017 amended/introduced vide G.O.Ms.No.72 dated O3lo7l2o23, issued by Respondent No.¹ ., through which the reservations as contemplated in the unamended Clauses of Rule 3 (11) (d), (e) are restricted in collages established prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 100o/o seats under Competent Authority Quota in the colleges established after 2nd June, 20'14 are allocated to local students^{of Telangana} State as illegal, Arbitrary, irregular, irrational, contrary to the Ardhra Pradesh Reorganization Act, 2Ol 4 apart from being^{violative of Articles 14 and 21 of the} Constitution of lndia, 1950 and consequentially set^{aside the same,}

¶600

b) Declare the admission counseling^{Prospectus/Regulations issued by the} Respondent No. 2^(For MBBS/BDS^{Courses for the academicyear2023'2024} under Competent authority^quota) dated^{OGlO7l2O23,as illegal'a.tilrary and the} same liable to be set- aside and,

¶601

¶602

(c) Direct the Respondent.No.l to restore the provisions in force prior to the issuance of G.O.Ms.No.72 dated O3lO7 t2023, issued by Respondent.No.l , ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2O23-2O24 of NEET (UG) Courses,

¶603

lA NO: 1 OF 2O23

¶604

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 operation of the impugned GoMs.No.72 daletl 0310712023 issued by the Respondent No. 1, and also the consequentially issued Prospectus/Regulations published try the Respondent No.2 (For MBBS/BDS courses for the academic year 2023'2024 under competent authoraty quota) dated 06/0712023. pending disposal of the main writ petition and pass such other order or orders as this Honourable Court may deem fit and proper in lhe circumstance of the case and consequentially conduct the counseling for the academic year 2o23-2o24 in line with the pre-existing provisions of the Telangana Medical and Dental Colleges. Admissions (Admissions into MBBS and BDS Courses) Rules, 2017, pending disposal of the main \t/rit petition Counsel for the Petitioner: SRI RAJAGOPALLAVAN TAyl

¶605

Counsel for Respondent No. 1: SRI B. S. PRASAD,

¶606

THE A.DVOCATE GENFRAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶607

Counsel for Respondent No. 2: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶608

WP NO:23 200 0F 2023

¶609

Betwem:

¶610

Kandula Vishnu Shashank Reddy, S/o.Kandula Venkata Kotireddv. aoed abo.ut 19 ye-ars, Occ.Student, Rl/o. Ftat trto.:Og, tt"dh ir;"k.'"tl;;Xd.ili"I"i Professoru Ouarters, SVTMS Campus, Tirupathi(iJrba;l Cn tt""i Oiit":Jin"E.

¶611

AND

¶612

Union of lndia. Reo. Bv irs secre-tary, Ministry of Hearth and Famiry werfare, Nirman Blrawan. Newbelhi-1 1OO1i

¶613

) Union of lndia, Rep. By_its geclet?ry (HE! Ministry of Education 109_C. snastn Bhawan, New Delhi-110001.

¶614

? National Medical Commission (NIVIC), Represented by its Secretary, pocket_ 14, Sector-8, Dwaraka Phase-1. ruerir Detfrr.t 1OO77

¶615

¶616

State of Telangana, Rep by its principal Secretary, Department of Medical, and. Family Welfare, Government of Telangana, Secretariat Buildings, Hyclerabad.

¶617

Director of Medical Educetion, Health, Medical and Family Welfare

¶618

_^{Department, Govemment of Telangana, Secretariat Buildings, Hyderabad.} 6. Telangana Vaidya Vidhana Parishad, Department of Health, Medical and Family Welfare OD HOP Rep By its Commissioner, DMandHS Campus, SultanBazaar, Koti, Hyderabad,

¶619

Telangana Stete Medical Services and lnfrastnrcture Development Corporation (TSMSIDS), Rep. By its Managing Director, 2 floor, DM and HS Campus, SultanBazaar, Koti, Hyderabad.

¶620

Kaloji Naray-ana Rao University of Health Sciences (KNRUHS), Rep.by its Registrar, Nizampura, Warangal, Telangana.

¶621

State of Andhra Pradesh, Rep.by its Principal Secretary, Health, ttibdical and Family Welfare Department, Secretariat, Velagapudi, Arrrrrr.l$.r"oNoENTs

¶622

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS to

¶623

(a). Declare the Rule 3 (ll) (d), (e) and (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017 amended/introduced vide G.O.Ms.No.72 daled 03.07.2023, issued by Respondent No. 4, through which the reservations as contemplated in the unamended Clauses of Rule 3 (11) (d). (e) are restricted in collages established prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 100% seats under Competent Authority Quota' in the colleges. established after 2nd June, 2O14 are allocated to local students of Telangana State as illegal, Arbitrary, irregular, irrational, contrary to the Andhra Pradesh Reorganization Act, 2014 apart from being violative of Articles 14 and 21 of the Constitution of lndia, 1950. and consequentially set aside the same,

¶624

(b). Declare the consequent impugned admission counselling Prospectus/Regulations issued by the Respondent No. B (For MBBS/BDS Courses for the academic yea( 2023-2024 under Competent authority quota) dated 06-07.2023, as illegal, arbitrary and the sanre liable to be set-aside and,

¶625

(c) Direct the Respondent.No.4 to restore the provisions in force prior to the issuance of G.O.Ms.No.72 daled 03.O7.2023, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2023-2024 of NEET(UG) Courses,

¶626

¶627

lA NO: 1 OF 2023

¶628

Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to suspend the operation of the impugned GOMs.No.72 dated 03.07.2023 issued by the Respondent No.4 and also the consequentially issued prospectus/Regulations published by the Respondent No. 8 (For MBBS/BDS Courses for the academic year 2023-2O24 under 'Competent authority quota') dated 06.07.2023, pending disposal of the main Writ Petition and pass such other order or orders as this Hon'bie Couft may deem fit and pi-oper in the cii-cumstance of the case and consequentially conduct the counselling for the academic year 2CZ3-2024 in line with the pre-existing provisions of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017, pending disposal of the main Writ Petition

¶629

Counsel for the Petitioner: SRt S. V. RAMANA

¶630

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR (Dy. SOLICITOR GENERAL OF tNDtA)

¶631

Counsel for Respondent No. 3: Ms, GORANTLA SRI RANGA PUJITHA

¶632

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD, THE ADVOCATE GENERAL FOR S8fN. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶633

Counsel for Respondent No. 6: SRt S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶634

Counsel for Respondent No. 7: SRI C. APPAIAH SARMA

¶635

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶636

Counsel for Respondent No. 9: SRI P. GOVIND REDDY,

¶637

SPL. SC FOR STATE OF ANDHRA PRADESH

WP NO:23 267 0F 2023

Between:

Gongati Teja Chandra reddy, S/o G.Hemanth kumar reddy Aged about 19 years occ. student Rl/o H.No. 42124-K-57-A4-101 Premnagar, Ward No 45, VR colony Kumool District Andhra Pradesh state.

¶642

...pETt,oNER

¶643

AND

¶644

Union of lndia, Rep. by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan. New Delhi - 110011.

¶645

Union of lndia,, Rep. by its Secretary (HE), tvlinistry of Education. 109C, Shastri Bhawan. New Delhi - 1 1001^.

¶646

National Medical Commission (NMC), Rep by its Secretary, Pocket-14 Sector8. Dwaraka Phase- 1, New Delhi - 11OO77.

¶647

State of Telangana, Rep. by its Principal Secretary. Health, Medical and Family Welfare Department, Secretariat, Hyderabad

¶648

Director of Medical Education, , Health. Medical and Family We{fare Department. Govemment of Telangana, Secretariat Buildings, Hyderabad.

¶649

Telangana Vaidya Vidhana Parishad, Department of Health, Medical and Family welfare, Rep.by its Commissioner, DM and HS Campus, Sultan Bazaar, Koti. Hyderabad.

¶650

7 Telangana State Medical Services and infrastructure, Development Corporation (ISMSIDC), Rep.by its Managing Director,2nd Floor, DM and HS Campus, Sultan Bazaar, Koti, Hyderabad.

¶651

8 Kaloji Narayana Rao University of Health Sciences^(KNRUHS),, Rep.by its Registrar, Nizampura Warangall Telangana.

¶652

I Stale of Andhra Pradesh, ,Rep.by its Principal Secretary, Health, Medical and Fancily Welfare Department, Secretariat, Velagapudi, O*"rrr1.lk=.ToNDENTS

¶653

Petition under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more parliculady one in the nature of writ of mandamus

¶654

(a). declare the Rule 3 (ll) (d), (e) and (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017 amended/introduced vide G.O.Ms.No.72 daled O3.O7.2023, issued by Respondent No.4, through which the reservations as contemplated in the unamended Clauses of Rule 3 (ll) (d), (e) are restricted in colleges established prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll)^(h) through which 100^percentage seats under^{'Competent AuthorityQuota in the} colleg€s established after^{grid June,201 4 are allocatedto local students of} Telangana state as illegal,^{Arbitrary, irregular, irrational, contraryto the Andhra} Pradesh Reorganization Act,2014^{apart from beingvblative of Articles 14 and 21} of the Constitution of lndia^{and consequentially set aside the same,}

¶655

5 0

¶656

(b). Declare the consequent impugned admission counseling prospectus/ Regulations issued by the respondent No. 8 (For MBBS/BDS courses for the academic year 2023-2024 under competent authority quota as illegal, arbitrary and the same liable to be set-aside and,

¶657

(c) Direct the Respondent.No.4 to restore the provisions in force prior to the issuance of c.O.Ms.No .72 dated 03.O7.2023, issued by Respondent.No.4 ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2023-2O24 of NEET(UG) Courses

¶658

lA NO: 1 OF 2023

¶659

Fetition 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 operation of the impugned Go.Ms.No.72 Health, Medical and Farnily welfare (ci) department dated 03.07.2023 issued by the respondent No. 4, and also the consequentially issued prospe-ctus/ Regulations published by the Respondent No.8 (For MBBS/BDS courses for the academ ic year N23-2o24 under competent authority quota dated 06.07.2023, pending disposal of the main writ Petition and pass such other order or orders as this Hon'bre court may deem fit and proper in the circumstance of the case'and consequentialy conduct the tbunseling for the academic year 2023-2O24 in line with the pre-exrsting provisions of the Telangana Medica! and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures 2017 pending disposar of the above writ petition

¶660

Counsel for the Petitioner: SRI GUDI MADHUSUDHAN REDOY

¶661

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR (Dy. SoLtctTOR GENERAL OF tNDtA)

¶662

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶663

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶664

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEOICAL, HEALTH & FAM]LY WELFARE

¶665

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAO

¶666

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶667

¶668

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSIW OF HEALTH SCIENCES

¶669

Counsel for Respondent No.9: SRI P. GOVIND REODY,

¶670

SPL. SC FOR STATE OF ANDHRA PRADESH

¶671

WP NO: 2336'l OF 2023

¶672

Between:

¶673

Katam Harshitha, D/o. Katam Mahendra, Aged about 20^years, Student,^Fl/o. 11210, Annavaram, Madur, Chapad Mandal, YSR Kadapa,^{o"Onrr-.FE?,0r",8L..*}

¶674

ANO

¶675

Union of lndia, Rep. by its Secretary, Ministryof Health and Family Welfare, Nirman Bhawan, New Delhi -^'l 10O11.

¶676

Union of lndia, Rep. by its Secretary^(HE), Ministry of Education,^109-C, Shastri Bhawan New Delhi - 11@01.

¶677

National Medical Commission (NMC), Represented by its Secretary, Pocket14 , Sector{, Dwarka Phase-1 , New Delhi -^11OO77.

¶678

State of Telangana, Rep. by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad.

¶679

Directbr of Medical Education, Health, Medical and^Family Welfare Department, Govemment of Telangana, Secretariat Buildings, Hyderabad.

¶680

Telangana Vaidya Vidhana Parishad, Department of Health, Medical and Family Welfare, Rep. by its Commissioner, DM and HS Campus, Sultan Bazaar, Koti, Hyderabad.

¶681

7 Telangana State Medical Services and lnfrastructure Development Corporation (TSMSIDC), Rep.by its Managing Director, 2nd Floor, DM and HS Carnpus, Sultan Bazaar, Koti, Hyderabad.

¶682

B Kaloji Narayana Rao University of Health Sciences^(KNRUHS), Rep.^by its Registrar, Nizampura, Warangal, Telangana.

¶683

I Stale of Andhra Pradesh, Rep.by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Amaravati.

¶684

(Respondents 7 and 9 are deleted as per Court Order dated 28.O8-2O23 in w'P'No'23361 of 2o23) ...REspoNDENrs Petition under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS to

¶685

a. Declaring the Rule 3 (ll)^(h) of the^{Telangana lrledical and Dental} Colleges Admissions (Admissions into MBBS^{and BDS Courses) Rules, 2014} introduced vide G.o.Ms.No.72 dated^{o3.o7.2023, issuedby Respondent.No.4 in} allocating the 10o% seats^{undercompetentAuthority Quota to localstudentsof} Telangana state as^{highly-illegaland contrary to the section95 of the Andhra} Pradesh Reorganization^{Acl, 2O14, the AndhraPradesh Educationallnstitutions}

¶686

)

¶687

(Regulation of Admissions) order, 1974, apart from being violative of Articles 14 and 21 of the Constitution of lndia, 1950 and

¶688

b. Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medical and Dental cofleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2014 introduced vide G.O.Ms.No.72 dated O3tOtt2O23, issued by the Respondent No.4 and declare the impugned prospectus/Regulations issued by the Respondent. No. B (For MBBS/BDS courses for the academic year 2023-2024 under Competent authority quota) dated 06107 t2O23, as iflegat and arbitrary and consequently set aside all other consequential notifications issued by Respondent No.8 in continuation with their earlier notifications dated. o6to7tzoz3, 26i0712O23 and A2|OA2A23 and O3tOBt2O23,

¶689

c. the Respondent.No.4 to 8 to restore the provisions in force prior to the issuance of G.O.Ms.No.72 dated O3lOl l2O23, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2O23-2024of NEET(UG) Courses, by a owing the petitioner to pafticipate in the registration and counseling process as per the Andhra Pradesh Educational Institutions (Regulation of Admissions) ordet, 1gt4 and G.O-Ms- No.1 l4, HM and FW, DT. OSIOI t2O17 and in consonance with Article 371-D of the Constitution of lndia, and also in terms of Section 95 of THE ANDHRA PRADESH REORGANTSATION ACT, 2014, and atso in terms of the iudgments^passed by the Honourable High Court,

¶690

lA NO: 1 OF 2023

¶691

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 operation of the impugned GoMs.No.72 dared o3to7 r2o23 issued by the Respondent. No.4, and the consequential prospectus/Regulations issued by the Respondent.No.8 (For MBBS/BDS courses for the academ ic yeat 2023-2024 under competent authority quota) dated 06107r2o23 and a[ other consequentiar notifications issued by Respondent No.g in continuation with their earlier notifications dated. 06/07/2023. z6rort2o23 and o2to}t2o23 and o3to8tzo23 pending disposal of the main Writ petition

¶692

¶693

lA NO: 2 OF m23

¶694

Petition under Section t51 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 Respondent.No.S to publish the seat matrix providing for both local and unreserved students while publishing for second counseling for the academic year 2023-2024 of NEET (UG) Courses,^pending disposal of the main Writ Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI

¶695

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR (Oy. SoLlclTOR GENERAL oF INDIA)

¶696

Counsel for Respondent No.3: Ms. GORANTLA SRI RANGA PUJITHA

¶697

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD, THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶698

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH,

¶699

SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶700

Counsel for Respondent No.8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶701

WP NO: 23362OF 2023

¶702

Between:

¶703

Vejju Sai Swetha, D/o. Vejju Nageswara Rao, Aged about 20 years, Student, R/o. 5-2lA,Pathuru, Bhimadolu Mandal, Surappagudem, West Godavari, Andhra Pradesh -534425

¶704

...pETrroNER

¶705

AND

¶706

Union Of lndia, Rep. by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi - 110O11.

¶707

Union of lndia, Rep. by its Secretary (HE), Ministry of Education, 109-C, Shastri Bhawan New Delhi - 110OO1.

¶708

National Medical Commission (NMC), Represented by its Secretary, Pocket14 , Sector-8, Dwarka Phase-1 , New Delhi - 11OO77^.

¶709

State of Telangana, Rep. by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad.

¶710

Director of Medical Education, Health, Medical and Family Welfare Department, Govemment of Telangana, Secretariat BuiUings, Hyderabad.

¶711

Telangana Vaidya Vidhana Parishad, Department of Health, Medical and Family welfare, Rep.by its Commissioner, DM and HS Campus, Sultan Eazaar, Koti, Hyderabad.

¶712

7 Telangana State Medical Services and lnfrastructure Development, Corporation (TSMSIDC), Rep.by its Managing Director, 2nd Floor, DM and HS Campus, Sultan Bazaar,l Coti, Hyderabad-

¶713

¶714

8 5?lglNarqy..ana Rao University of Heatrh Sciences (KNRUHS), Rep.by its t(egrstrar, Nizampura, Waranoal. Telanoana.

¶715

state of Andhra Pradesh, Rep'.by its priicipar secretary, Hearth, Medlcar and- -- * - - Family Welfare Department, Seiretariat, V'etagapuai,Trira,,rriti.

¶716

Respondent No 7 and g are deleted as per Court Order dated as oer Court Orderdared 24 08 2O23in Wp No'23362 otiOii

¶717

Petition under Articte 226 of rhe Constitution of tndia ,.riffil:i',fH: circumstances stated in the afficravit fi{ed therewith, the High court may be pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS to

¶718

a. Declaring the Rure 3 (il) (h) of the Terangana Medicar and Dentar coileges Admissions (Admissions into MBBS and BDS courses) Rules, 2014 introduced vide G.o.Ms-No.r2 dated 03.07.2023, issued by Respondent.No.4 in allocating the 100% seats under 'competent Authority euota'to local students of Telangana state as highry-iflegar and contrary to the section g5 of the Andhra Pradesh Reorganization Act, 2o14, the Andhra pradesh Educational lnstitutions (Regulation of Admissions) order, i 974, apart from being violative of Articles 14 and 21 of the Constitution of lndia, 1950 and

¶719

b.Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medical and Dentat colteges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vide G.o.Ms.N o.72 dared o3.o7 .2023, issueti by the Respondent iio.4 and ciecrare the impugned prospectus/Regurations issued by the Respondent. No. 8 (For MBBS/aDS courses for the academic year 2023-2024 under competent authority quota) dated 06.0r -2o2J, as ifiegar and arbitrary and consequenfly set-aside afl other consequentiar notifications issued by Respondent No.8 in continuation with their earlier notifications dated.06.07.2023, 2647-2023 and O2-O8-2O23 and 03.08.2023,

¶720

c.the Respondent.No.4 to g to restore the provisions in force prior to the issuance of G,O.Ms.No .12 dated O3.O1 .2023, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws lo the students of Andhra Pradesh for the academic year 2o23-2o2aof NEET(UG) courses, by afiowing the petitioner to participate in the registration and counseling process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 1974 and G.o.ivis. No.114, HiM and FW, DT.05-07-2017 and in consonance with Article 371-D of the constitution of rndra, and arso in rerms of Section g5 of rHE

¶721

))

¶722

ANDHRA PRADESH REORGANISATION ACT, 20'14, and also in terms of the iudgments^{passed by the Hon'ble High Court}

¶723

lA NO:^'f OF 2023

¶724

Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the^petition, the High Court may be^pleased to suspend the operation of the impugned GOMs.No.72 dated 03.07.2O23 issued by the Respondent.No.4, and the consequential Prospectus/Regulations issued by the Respondent.No.S (For MBBS/BDS Courses for the academic^year 2023-2024 under^'Competent authority quota') dated 06.O7;2023 and all other consequential notifications issued by Respondent No.8 in continuation with their earlier notifications dated: 06.07.2023, 26-07-2023 and 0248-2023 and 03.08.2023;, pending disposal of the main Writ Petition

¶725

lA NO: 2 OF 2023

¶726

Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the High Court may be^{pleasedto direct} the Respondent-No.8 to^publish the seat matrix^providing for both^{local and} unreserved students while^publishing for second counselling^{for the academic year} 2023-2024 of NEET^(UG) Courses,^pending disposal of the^{main Writ Petition}

¶727

Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI

¶728

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶729

(Dy. SOLICITOR GENERAL OF INDIA)

¶730

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA^PUJITHA

¶731

Counsel for Respondent Nos. 4 & 5: SRI B. S.^PRASAD, THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL,^{HEALTH& FAMILY WELFARE}

¶732

Counsel for Respondent^{No.6: SRI S. VIJAYA PRASHANTH'} SC FOR TELANGANA^{VAIDYA VIDHANA PARISHAD}

¶733

Counsel for Respondent^{No. 8: SRI A' PRABHAKAR RAO'} SC FOR KALOJI^{NARAYANA UNIVERSITY OF HEALTHSCIENCES}

WP NO: 23363 0F 2023

Between:

Gedula Neharika, D/o_. G-edula Govind Raju, Aged 20 years, Student, Fl/o. 11_ 4Sl1, 530002-Nowrqi Road, Maharanipeta, Visiktiapatnain, n'nOnra piaOesn^'_

¶738

AND ...PET|T|ONER

¶739

1 .Lll]g!_of_ltOia, Rep. by_rrs. Secrerary, Minisrry of Heatth and Famity Welfare, Ntrman tshawan, New Delhi -^.l 1001 1

¶740

Z. !pio1 of lndia, R.gO. by ils Secretary (HE), Ministry of Education, 109_C, shastn L,hawan f{ew Delhi _ 1 1 0001 _

¶741

National Medicar commission (NMC), Represented by its secretary, pocket14 , Sector-8, Dwarka^phase-I'. New Delhi - 11OOT7.

¶742

+- plate_o!.lqpngarra, Rep. by its principat Secretary, Health, Medicat and

¶743

^{!--amlyweltareL)eparlrnent,Secretariat, H.rderabad.}

¶744

Director of Medical Education, Health, Medical and Family Welfare

¶745

^^{Department, Governrnent of Telangana, Secretiriatguiidings,'i{vJeraOaO.} 6. Telangana -Va id ya Vidha na pari sh5d. oeparrmenr or-ueaiin] uLii i"ai ii,?* Famtty wefare, Rep.by its Commrssioner. DM and HS Campus, Sultan Bazaar, Koti. Hvdeiab-ad.

¶746

Telangana Stat;i Medical Services and lnfrastructure Development - eorfnration (ISMS|DC), Rep.by its Managing Director,2nd Ftoor,:OwanO HJ Uampus, Suttan tlazaar. Koti. Hvderabad.

¶747

Kaloji Narayana Rao University of H'ealth Sciences (KNRUHS), Rep.by its

¶748

^^{Registrar, Nizampura, Warang'al, Telangana.}

¶749

state of Andhra^pradesh. Rep-.oy its pri"ncipar Secretary, Hearth, Medical and Family Welfare Department, Seiretariat, V'etagapudi, Arharavati.

¶750

Respondent No 7 and g are deleted as per Court Order dated as oer Court Order dated 24 OB 2023 in Wp No 2$ffi ;i iori

¶751

Petition uncier Anicte 226 of rhe Consiiiurion oi tnciia drTiT?#?5in circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶752

a. Decraring the Rure 3 (il) (h) of the Terangana Medicar and Dentar colleges Admissions (Admissions into MBBS and BDS Courses) Rures, 2014 introduced vide G.O.Ms.No.t2 dated O3.O1 .2023, issued by Respondent.No.4 in allocating the l00percent seats under competent Authority Quota to rocar students of relangana state as highry-iflegar and contrary to the section g5 of the Andhra Pradesh Reorganization Acr, 2014, the Andhra pradesh Educationar rnstitutions (Regulation of Admissions) order, 1g74, apart from being viorative of Articres .r4 and 21 of the Constitution of lndia, 1950 and

¶753

b_Consequenriy, ser-asrde the amencjment i.e., Rule 3 (ll) (h) of the Telangana Medicar and Dentar coregcs Admissions (Admissions into MBBS and

¶754

¶755

BDS Courses) Rules, 2014 introduced vide G.O.Ms.No.72 dated 03.O7-2O23, issued by the Respondent No-4 and declare the impugned Prospectus/Regulations issued by the Respondent No. I^(For MEBS/EDS Courses^for the academic^year 2023-2024 under Competent authority^quota) dated 06.07.2023, as^{illegal and} arbitrary and consequently set-aside all other^{consequential notifications issued by} Respondent No.B in continuation with their^{earliernotificationsdated. 06.07.2023,} 26-07-2023 and O2-O8-2O23 and 03.08.2023.

¶756

c.the Respondent.No.4 to 8 to restore^{the provisionsin force priorto the} issuance of G.O.Ms.No.72 dated 03.07.2023,^issued by^{Respondent.No.4,} ensuring equal opportunity and^protection of the^{laws to the studentsof Andhra} Pradesh for the academic^year 2O23-2024of NEET(UG)^{Courses, by allowing the} petitioner to participate in the registration and counseling^process as^per the Andhra Pradesh Educational lnstitutions^{(Regulationof Admissions)Order,191} and G.O.Ms. No.114, HMandFW, OT. 05-07-2017^{and in consonancewith Article} 371-D of the Constitution of lndia, and^{also in terms of Sec{ion 95 of THE} ANDHRA PRADESH REORGANISATION^{ACT, 2014, and also in terms of the} judgments passed by the Honble High Court

¶757

lA NO: 1 OF 2023

¶758

Petition under Section 151 CPC^praying that^{in the circumstances statedin} the affidavit filed in support of the^{petition, the High Court may be pleasedto} suspend the operation of the impugned^{GOMs.No.72dated 03.07.2023 issued by} the Respondent.No.4, and the consequential^{Prospectus/Regulations issuedby} the Respondent.No.S (For MBBS/BDS Courses^{for the academic year2023-2O24} under Competent authority^quota) dated^{06.07.2023and all otherconsequential} notifications issued by Resoondent^No.8 in^{continuationwith their earlier} notifications dated. O6.O7.2023, 2647-2023^{and 0248-2023and 03.08.2023-'} pending disposal of the main Writ Petition

¶759

lA NO: 2 OF 2023

¶760

Petition under Section^{151 CPC praying that in the circumstancesstated in} the affidavit filed in support^{of the petition,the High court may be pleasedto direct} the Respondent.No.S to^{publishthe seat matrix providing for both local and} unreserved students while^{publishing for second counseling for the academic year} 2023-2024 of NEET^(UG) Courses,^{pending disposal of the main WritPetition}

¶761

¶762

Counsel for the Petitioner: SRI ANUp KOUSHIK KARAVADI

¶763

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶764

(Dy. SOLICITOR GENERAL OF tNOIA)

¶765

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶766

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶767

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶768

Counsel for Respondent No. 6: SRI S. VtJAyA PRASHANTH,

¶769

SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶770

Counsei for Responcient No. B: SRI A. PRABFiAKAR. RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

WP NO: 23364OF 2o23

Between:

AND

Duggisetty Hema -V-.enkata Naga Sai Sriya, D/o. Duggisetty Suneet, Aged 17 years, Stutrnt, Minol represented by her NatuiJi Falher/cu;'nji;;-Mi;. PugS.r.s.gfty^{Suneel.S/o. Duggisetty prakasam,aged} 45^years, R/o. 9/55, Pelleti Vari Street, Gudur, Neiiore Andhra pradesh -"SZqfit '

¶775

..;;_;;

¶776

!11191_ot^l1Oia,^{Rep.by_its.secreta^ry,Ministryof Heatth and Family Wetfare,} Nrrman tshawan, New Delhi - 1 10011

¶777

Union oi lndia, R.gO b1,its Secretary (HE), iviinistry oi Ecjucation,^.iO9-e , Shastri Bhawan New Dethi -11000i'^'

¶778

National Medical Commission (NMC), Represented by its Secretary, pocket_ 14, Sectgr{, Dwarka Phase-1. NewDethi 11OO77

¶779

State of.Tel-angana, Rep. by its principat Secretary. Health, Medical and ramlly wettare Oepartment, Secretariat, Hyderabad

¶780

Dircctoroi tts<ttcal Education, Health, Medicai and Famiiy Vy'eiiare Department, Govemment of Tetangana, secretiriiieuiioings-'iiyJeraoao

¶781

Telanga na Va idya Vrdha nlpa risnSO, o'epartmJni of frea f tfi] Meri.ai;;A ramrry wetrare. Reo.bv its Commissioner, DM and HS Campus, Suttan Bazaar, Kati. Hvdeiab'ad

¶782

7 Telangana Stale Medical Services and lnfrastructure Development Corporation (TSMS|DC), Rep.by irs tvtaniging Dii;toi,-zno Frooi,'Orvr anO ljS.^{C-a-mpus,'S u lta n Baiaar,' Koii, UvOeridaU-}

¶783

8 5i1",{,[1r1y3ilRao_^{U,niversityot H'eatth Sciences(KNRUHS),Rep.by its} Kegrsrrar-, Ntzampura, Warangal, Telangana

¶784

I State- of Andhra Pradesh, nefl.Oy its priicipal Secretary. Health, Medical and Family Welfare Department. Seiretariat, vbf agipudi-A';rararati

¶785

Respondent No 7 and g are deleted as per Court Order dated as oer Court order dated 24 oB 2023 in Wp N"'iisocti zirs'^{--'-- -" t-'}

...RESPONDENTS

a. Declaring the Rule 3 (ll) (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and 8DS Courses) Rules, 2014 introduced vide G.O.Ms.No.7z dated O3lO7l2O23, issued by RespoodentNo.4 in allocating the 100% seats under Competent Authority Quota to local students of Telangana State as highly-illegal and contrary to the Section 95 of the Andhra Pradesh Reorganization Act,2014, the Andhra Pradesh Educational lnstitutions (Regulation of Admissions) Order, 1974, apart from being violative of Articles^-14 and 21 of the Constitution of lndia, 1950 and

¶790

b. Consequently, set-aside the amendment^{i.e., Rule} 3^{(ll) (h)} of^the Telangana Medical and Dental Colleges Admissions^{(Admissions into MBBSand} BDS Courses) Rules, 2014 introduced^vide G.O.Ms.No.72^{datedO3n7l2O23,} issued by the Respondent No.4 and declare the impugned^{Prospectus/Regulations} issued by the Respondent. No. 8^{(For II/BBS/BDS Coursesfor the academic year} 2023-2024 under Competent authority^{quota) datedOGlO7l2O23,as illegal and} arbitrary and consequently set-aside^{all other consequential notifications issued by} Respondent No.8 in continuation^with their^{earlier notifications dated 0610712023,} 2610712023 and O2lO8l2O23 and^O3lO8l2O23,

¶791

c. the Respondent.No.4 to 8 to^{restore the provisionsin force prior to the} issuance of G.O.Ms.No.72 dated O3lO7l2O23,^{issued by Respondent-No.4,} ensuring equal opportunity and^{protectionof the laws to the students of Andhra} Pradesh for the academic^year 2023-2024^{of NEET(UG) Courses, by allowing the} petitioner to participate in the registration^{and counseling process as per the} Andhra Pradesh Educational^{lnstitutions (Regulation of Admissions) orde(,1974} and G.o.Ms. No.114,HM^{and FW,DT O5tO712017and in consonancewith Article} 371-DoftheConstitutionoflndia,andalsointermsofSection95ofTHE

¶792

¶793

ANDHRA PRADESH REORGANTSATTON ACT, 2014, and atso in terms of the judgments passed by the Honourable High Court,

¶794

lA NO: 1 OF 2023

¶795

Petition under Section 1 s1 cpc praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High court may be pleased to suspend the operation of the impugned GoMs-No.72 dared o3tol2o23 issued by the Respondent'No.4, and the consequentiar prospectus/Reguraticns issued by the Respondent.No.S (For MBBS/BDS courses for the academic year 2023-2024 uncier 'competenr authority quota') ciateo 06.o7 .2023 anci aii oiher consequentiai notifications issued by Respondent No.g in continuation with their earrier notifications dated'. o6tort2o23, 26to7r2o23 and o2-lo}l2o23 and o3lo}t2o23, pending disposal of the main Writ petition

¶796

lA NO: 2 OF 2023

¶797

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 preased to direct the Re spondent.l'Jo.8 to pubrish the seat mati'ix pi.oviding ,.or bcth lccar and unreserved students while publishing for second counselling for the academic year 2023 - 2A24 of NEET (UG) Courses, pending disposal of the main Writ petition

¶798

Counsel for the Petitioner: SRt ANUp KOUSHIK KARAVADI

¶799

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶800

(Dy. SOLICITOR GENERAL OF INDIA)

¶801

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶802

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD,

¶803

rHE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMTLY WELFARE

¶804

Counsel fcr. Respcndent FJc. G: SRi S. .r!JAyA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶805

¶806

Counsel for Respondent No.6: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶807

WP NO: 23369 OF 2023

¶808

Between:

¶809

Nadella Dharani Sai, D/o. Nadella Lakshmi Narayana Prasad, Aged about 19 years, Student, R/o. 8-335, F-1,Chanti Residency,Opp. Gowtham Concept School, Shanthi Nagar, Gudivada Andhra Pradesh^-521301

¶810

...pETt,oNER

¶811

AND

¶812

Union of lndia, Rep. by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi - 1 1001 1.

¶813

Union of lndia,, Rep. by its Secretary^(HE), Ministry of Education, 109{, Shastri Bhawan New Delhi - 11OO01.

¶814

National Medical Commission (NMC),, Represented by its Secretary, Pocket14, Sector{, Dwarka Phase-1, New Delhi -^11OO77.

¶815

State of Telangana,, Rep. by its Principal Secretary, Health, Medical^and Family Welfare Department, Secretariat, Hyderabad.

¶816

Director of Medical Education,, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat Buildings, Hyderabad.

¶817

b- Telangana Vaidya Vidhana Parishad,, Department of Health, Medical and Family welfare, Rep.by its Commissioner,^DIVI and HS Campus, Sultan Bazaar, Koti, Hyderabad

¶818

7 Telangana State Medical Services and lnfrastructure Development Corpoiation, (TSMSIDC), Rep.by its Managing Director, 2nd'Floor,^{DM and} HS Campus, Sultan Bazaar, Koti, Hyderabad-

¶819

8 Kaloji Narayana Rao University of Health Sciences^{(KNRUHS),,Rep.by its} Registrar, Nizampura, Warangal, Telangana.

¶820

I State of Andhra Pradesh., Rep.by its Principal Secretary, Health,^{Medical and} Family Welfare Department, Secretariat, Velagapudi, Amaravati

¶821

Respondent No 7 and 9 are deleted as^per Court^{Order dated as per} Court Order dated 24 08 2023 in WP No 23364 ot 2023

¶822

..,RESpoNDENrs Petition under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the High^{Court may be} pleased to issue a writ, order, or direction more particularly one in the natuie of ,WRIT OF MANDAMUS tO

¶823

a. Declaring the Rule 3^{(ll) (h)} of the^{Telangana Medicaland Dental} Col{eges Admissions (Admissions into MBBS and^BDS Courses)^{Rules, 2014} introduced vide G.O.Ms.No.72 daled O3.O7.2023,^issued by Respondent.No.4ⁱⁿ allocating the 1OO% seats under Competent^Authority Quota^{to localstudentsof} Telangana State as highly-illegal and contrary to the Section 95^{of the Andhra} Pradesh Reorganization Act, 2O14, the Andhra Pradesh Educational^lnstitutions (Regulation of Admissions) Order, 1974, apart from being violative of Articles¹⁴ and 21 of the Constitution of lndia, 1950 and

¶824

¶825

b-Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2014 introduced vide G_O.Ms.No.72 dated O3.O7.2023, issued by the Respondent No.4 and declare the impugned Prospectus/Regulations issued by the Respondent. No. g (For MBBS/BDS courses for the academic year 2023-2024 under competent authority quota) dated 06.07.2023, as illegal and arbitrary and consequenfly set-aside all other consequential notifications issued by Respondent No.g in continuation with their earlier notifications dated. 06.O7.2023, 26-07 -2023 and 02-O8_20 23 and 03.08.2023

¶826

c. the Respondent.No.4 to 8 to restore the provisions in iorce prior to the issuance of G.O.Ms.No.72 daled O3.O1.2023, issued by Respondent.No.4. ensuring equal opportunity and protection of the laws to the students of Ancthra Pradesh for the academic year 2o23-2o24of NEET(uG) courses, by allowing the petitioner to participate in the registration and counseling process as per the Ancihra Pradesh Educational lnstitutions (Reguiation of Admissions) order, 1974 and G-o Ms- No-114, HMandFW, DT. osqT-2o1r and in consonance with Articre 371-D cf the Constitution of lndia, and also in terms of Section 95 of THE ANDHRA PRADESH REORGANISATTON ACT, 2014, and atso in terms of the iudgments^passed by the Hon'ble High Court

¶827

lA NO: 1 OF 2023

¶828

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 operation of the impuged GoMs.No.72 dated 03.o7.2023 issued by the Respondent,No.4, and the consequential prospectus/Regurations issued by the Respondent-No.8 (For MBBS/BDS courses for the academ ic year 2023-2024 under 'competent authority quota') dated 06.ol .2023 and all other consequential notifications issued by Respondent No.g in continuation with their earlier notifications dated. 06.07.2o23, 26-ot -2023 and 02-08- 2023 and 03.08.2023;, pending disposal of the main Writ petition

¶829

lA NO: 2 OF 2023

¶830

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

¶831

¶832

direct the Respondent.No.8 to^{publish the seat matrix providing for both localand} unreserved students while^{publishing for second counseling for the academic} yea( 2023-2024 of NEET (UG) Courses,^{pending disposalof the main Writ} Petition

¶833

Counsel for the Petitioner: SRI ANUP^{KOUSHIK KARAVADI}

¶834

Counsel for Respondent Nos.¹ &^{2: SRIGADI PRAVEEN KUMAR}

¶835

(Dy. SoLrclToR GENERAL oF INDIA)

¶836

Counsel for Respondent No. 3:^{Ms. GORANTLA SRIRANGA PUJITHA}

¶837

Courisel for Respondent Nos.^{4 & 5: SRI B. S. PRASAD'}

¶838

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR,

¶839

GP FOR MEDICAL, HEALTH^{& FAMILY WELFARE}

¶840

Counsel for Respondent No.^{6: SRI S. VIJAYAPRASHANTH,} SC FOR TELANGANA^{VAIOYA VIDHANA PARISHAD}

¶841

Gounsel for Respondent No.^{8: SRIA. PRABHAKARRAO,} SC FOR KALOJI NARAYANA^{UNIVERSITYOFHEALTHSCIENCES}

¶842

ll\lP NO: 23374OF 2023

¶843

Between:

¶844

Pasuouleti Naoa Satya Priya,^{D/o.P. Gangadhararao, Aged about 21 years,} Siuddnt, Ryo.^"866a; Adavi^{Takkelapadu; Pattabhipuram, Guntur,Andhra} Pradesh -522006'

¶845

...PETiTI.NER

¶846

AND

¶847

1_ Union of lndia, Rep. by^its Secretary,^{Ministry of Health and Family Welfare,} Nirman Bhawan, New Delhi^{- 1 10011.}

¶848

1. Union of lndia, Fiep by^its Secretary^{(HE), Ministry of Education,109-C,} Shastri Bhawan New Delhi^{- 110001.}

¶849

National Medical Commission^{(NMC), Representedby its Secretary, Pocket-} 14 , Sector-8, Dwarka^Phase-1 ,^{New Delhi - 11OO77.} .

¶850

Staie of Telangana, Rep. by^{its Principal Secretary,} .Health,^{Medical and} Familv Welfare Deoartmeni, Secretariat,^Hyderabad.

¶851

Directbr of Medicai Education,^{Health, Medical and FamilyWelfare} Deoartment. Government of^{Telanqana, Secretariat Buildings, Hyderab€d.}

¶852

ieianqana Vaidya Vidhana^{Parishad,Departmentof Health'Medical and} Famili Welfare, Rep.by its Commissioner,^{DM and HS Campus, Sultan} Bazaar, Koti, Hyderabad.

¶853

Telangana Stata Medical Services^{and lnfrastructureDevelopfient} -. . corpoiition^{(TSMSIDC),Rep. by its tVlanagingDirector, 2nd Floor,DMand} HS Camous. Sultan Bazaar. Koti,^Hyderabad.

¶854

kaloii Ndrayina Rao University^{of H'ealthSciences (KNRUHS)'Rep. by its} ReoGtrar. Nizampura, Warangal,^Telangana-

¶855

siiie oi nnonra Pradesh, Red.^{oy its Principal Secretary, Health, Medical and} Family Welfare Department, Secietariat,^{Velagapudi, Amaravati.}

¶856

¶857

Respondent lio 7 and g are deleted as per Court Order dateci as oer Court Order dated 24 08 2023 in Wp ttci ise-za ;i idri'^{--'-- --} '-'

¶858

Petition under Afticte 226 of the Constlution of tndia ,r";ffiil:i?"ttil: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more pa(icurarry one in the nature of WRIT OF MANDAMUS to

¶859

a- Decraring the Rure 3 (fl) (h) of the Terangana Medicar and Dentar colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vide G.o.Ms.No.r2 dated o3to7t2o23, issued by Respondent.No.4 in allocatlng the 100% seats under competent Authority ouota to rocar students of Telangana state as highry-iflegar and contrary to the section g5 of the Andhra P.adesh Reorganization Act, 2o14, the Andhra pradesh Educational lnstitutions (Regulation of Admissions) odet, 1gr4, apart from being viorative of Articres 14 and 21 of the Constitution of lndia, 1950 and

¶860

b. Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medicar and Dentar cofleges Admissions (Admissions into MBBS and BDS courses) Rures. 2014 introduced vide G.o.Ms.No.r2 dared o3ro7t2oz3, issued by the Respondent No.4 and decrare the impugned prospectus/Regurations issued by the Respondent. No. g (For MBBS/BDS Courses for the academic year 2423-2024 unde' co.npetent authority quota) dated o6rc7no23, as ilegar and arbitrary and consequenfly set-aside a other consequential notifications issued by Respondent No.8 in continuation with their earrier notifications dated. 06/07/2023, 2610712023 and OZ\OBI2O23 and O3/O8t2023,

¶861

c. the Respondent.No.4 to g to restore the provisions in force prior to the issuance of G.O,Ms.No.72 daaed O3lOl lZO2g, issued by Respondeflt.No.4. ensuring equaf opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2023-2024 of NEET(UG) courses, by aflowing the petitioner to participate in the registration and counsering process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 1g74 and G-o.Ms. No-114, HM and FW, DT. ostort2olT and in consonance with Articre 371-D of the constitution of rndia, and arso in terms of secrion g5 of rHE ANDHRA PRADESH REORGANISATION ACT, 2O14, aod atso in terms of the judgments passed by the Honourable High Court

¶862

¶863

lA NO: 1 OF 2023

¶864

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to suspend the operation of the impugned GOMs.No.72 dated 0310712023 issued by the Respondent.No.4, and the consequential Prospectus/Regulations issued by the Respondent.No.S (For MBBS/BDS Courses for the academic year 2023-2024 under Competent authority^quota) dated OG|O7l2O23 and all other consequential notifications issued by Respondent No.8 in continuation with their earlier notifications dated. 0610112023, 2610712023 and O2lOBl2O23 and O310812O23, pending disposal of the main Writ Petition

¶865

lA NO: 2 OF m23

¶866

Petition under Section 151 CPC praying that in the circumstances stated in the affadavit filed in support of the petition, the High Court may be pleased to direct the Respondent.No.S to publish the seat matrix^providing for both local and unreserved students while publishing for second counseling for the academic^year 2023-2024 of NEET (UG) Courses,^pending disposal of the main Writ Petition Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI

¶867

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶868

(Dy. SOLICITOR GENERAL OF INDIA)

¶869

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶870

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD,

¶871

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶872

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶873

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO,

¶874

SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶875

WP NO: 23378OF 2023

¶876

Between:

¶877

Annapureddy lndrani, D/o Krishnareddy, Aged about 23 years, Occ. Student, Caste. Reddy, NO 13-72, Namburu, Guntur, Andhra Pradesh^- 522508

¶878

(r6

¶879

2 Pullaguri Hari Babu, S/o Srinivasulu. Aqed about 1g vears, Occ. Student, Ryo i-1^{8.2, Thall-apqlii, Giciciaiur, Kothak-ota, Buriupalie} , Prakasam, Andhra Pradesh - 523367

¶880

AND

¶881

..PETITIONERS

¶882

Union of lndia, Rep. by^its Secretqry, Ministry of Health and Family Welfare, Nrrman thawan, New Delhi - 1 1001 1 .

¶883

Union of lndia, R.qO by its Secretary (HE), Ministry of Education, 1Og_C, Shastfl tshawan New Delhi - 1 10001 .

¶884

2 f.lational l"4edical Commission (NIICL Represented by its Secretary, pocket14, Sector-8, Dwarka^phase-1 , New Delhi - 11OOll.^'

¶885

State- ot Telangana, Rep. by its^principal Secretary, Health, Medical and Family Welfare Department, Secretariat, F.lyderabld.

¶886

Director of Medical Education, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat Buildings, ftyderabad.

¶887

Telan g a na,Va idya Vidha na^pa rishid. Dbpartment o.f Health; MediAl ;-nd Family welfare,.Represented by lts Comririssioner, DM ana HS Campls, Suttan Bazaar, Koti. Hvderabad.

¶888

7 Telangana State Medical Services and lnfrastructure Development Corporation (ISMSIDC), Rep.by its Managing Director, 2nd Ftoor, Dtvt and l-15.^{Ua.mpus,Sultan Bazaar,Koti, Hyderabad.}

¶889

8 Kaloji.Narayana Rao University of H'ealth Sciences (KNRUHS), Rep. by its Registrar. Nizampura, Warangal, Telangana.

¶890

I State_ of Andhra Pradesh. Re[. Uy its principal Secr€tary, Health, t\redical and Family Welf are Department, Secietariat, Vdlagapudi, Airaravati.

¶891

Petition under Articte 226 of the Constitution of tndia orrr;fntT:i?"tTl: circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ. order, or direction more particularly one in the nature of WRIT OF TUANDAMUS to Dectare rhe Rute 3 (il) (d), (e) and (h) of the Telangana Medica! and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rules, 2017 amended/introduced vide G.o.N/s.No.72 dared 03-07.2023- issued by Respondent No. 4., through which the reservations as contemplated in the unamended clauses of Rule 3 (ll) (d), (e) are restricted in collages estabrished prior to 2nd June, 2o14 and also the newly introduced clause Rule 3 (11) (h) through which 100% seats under competent Authority Quota in the colleges established aflet 2nd June, 2o14 are allocated to local students of Telangana State as illegal, Arbitrary, irregular, irrational, conlrary to the Andhra Pradesh Reorganization Acr, 2014 apart from being viorative of Articles 14 and 21 of the constitution of rndia, 1g50 and consequentiafly set aside the same,

¶892

(a) Declare the consequent impugned admission counselling Prospectu s/Regula tions issued by the Respondent No.8 (For tvlBBS/BDS

¶893

¶894

Courses for the academic year 2023-2024 under Competent authority^quota) dated 06.07.2023, as illegal, arbitrary and the same liable to be set- aside and,

¶895

(b) Direct the Respondent. No.4 to restore tfle provisions in force prior to the issuance of G.O.Ms.No.72 dated O3.O7.2023, issued by Respondent.No.4, ensuring equal opportunity and protdction df the laws to the students of Andhra Pradesh for the academic year 2023-2024 of NEET(UG) Courses

¶896

lA NO: 1 OF 2023

¶897

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^pleasedto suspend the operation notification dated 03.07.2023 issued by the respondent no. 8 (For MBBS/BDS Courses for the academic year 2023-2024 under Competent Authority Quota) considering the application of the^{petitionersin} all colleges established atter 2O14 and^pending disposal of the^{main WritPetition}

¶898

lA NO: 2 OF 2023

¶899

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^pleasedto suspend the operation of the impugned GOMs.No.72 dated^{03.07.2023 issued by} the Respondent No. 4, and also the consequentially^issued Prospectus/Regulations published by the Respondent No.8^{(For MBBS/BDS} Courses for the academic^year 2O23-2024^{underCompetentAuthorityOuota)} dated 06.07.2023 consequentially conduct the counselling^for the^{academic year} 2023-2024 in line with the^{pre-existing provisionsof the Telangana Medical and} Dental Colleges Admissions (Admissions into MBBS^{and BDS Courses)Rules,} 2017

¶900

Counsel for the Petitioners: SRI Y. RATNA^PRABHA

¶901

Counsel for Respondent Nos. 1 & 2: SRI^{GADI PRAVEEN KUMAR} (Dy. SOLICITOR GENERAL OF INDIA)

¶902

Counsel for Respondent No. 3: Ms. GORANTLA^{SRI RANGA PUJITHA}

¶903

Counsel for Respondent Nos. 4 & 5: SRI^{B. S. PRASAD,} THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH^{& FAMILY WELFARE}

¶904

¶905

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VATOYA V]DHANA PARISHAD

¶906

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶907

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶908

Counsel for Resoondent No. 9: SRI p. GOVIND REDDY,

¶909

WP NO: 23382OF 2 o23

¶910

SPL. SC FOR STATE OF ANOHRA PRADESH

¶911

Be twe€n:

¶912

Tanneru Venkata Ramana, S/o. Tanneru Ramesh, Aged about 19 years,Occ. Student. Pradesh -s23oo? No.7-226-1 Roil . Sujatha Nagar. N; i222oilhir 11rh^'-. Line,bnfiote,^{-" -'-"''} prat<aiain,-n-niir-a

¶913

AND

¶914

...PETITIONER

¶915

1 Th_e.Union of lndia. Rep.by its S_ecretary, Ministry - of Health and Family wellare, Nirman Bhawan. New Delhi - 110 01 1

¶916

2 Shastri The Union of Bhawan, lndia,. Ne.,v Rep.by its S-eggtary tieth'i - f r O OOI-^' (HE),^{r' -'r "'..v.} Ministry ' of Education,^! 109-C,

¶917

National Medical Commission(NMC),, Rep. by its Secretary, pocket _ .14, Sector-8, Dwaraka^phase-|, fqbu, otiitri _ ilO'oil

¶918

4 I!. 9t:lg of Tetangana,, Rep by its principat Secretary, Heatth, Medicat and _^{F9mtly WettareDepartment, Secretariat,} Hvderabad.

¶919

lhe [lirecror of Medicar Education,, Hearth, Medicar and Famirv werfare

¶920

^{Department, covernrnentof Telangana, Secretariai griloinoi. tli#Jr"^,}

¶921

Tetangana Vardy_a Vidhana parishld,, oepartnient biffeiiifi, ir,,;;i;ru;; ram y we[are, Rep.by its Commissioner, DM and HS Campus,sultan Bazaar, Koti, Hvdeiabad

¶922

7 i?l3lo_:!: S..gia. ii_elilgt Sen,lces anc !nfrastrucrure Devetcpment llgrpiration^{(IStVStDC),. Rep..by irs Managing Director,2nd'Ftoor; DM} and HJ uampus, Suttan tsazaar. Koti. Hvderabad

¶923

8 f:pf.Yqygna Rao universiry or H'eatrh SiGnces (KNRUHS),, Rep.by its Hegtstrar., Nizampura, Warangal, TeJangana.

¶924

^ 9. State of Andhra^pradesh,, R? by its prilncipal Secretary, Health, Medical and Family Welfare Department, Secietariat, Vdigipudi, nfia,,avati.'

¶925

Petition under Articte 226 of rhe Constitution of lndia Orrriff:i:i?"tH: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶926

(a).Declare the Rute 3 (il) (d), (e) and (h) of the Telangana Medicat and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduced vide G.o.tvrs,N o.72 dated o3.o7.2023, issued by Respondent No. 4.through which the reservations as contemprated in the unamended clauses of Rute 3 (ll) (d), (e) are restricted in collages established prior to Znd June.2O14 and also the newly introduced Clause Rule 3 (ll) (h)

¶927

¶928

through which 100% seats^{under Competent Authority Quota'in the colleges} established after 2nd June, 2014 are allocated to^{localstudentsof Telangana} State as illegal, Arbitrary, irregular,^{irrational, contrary to the AndhraPradesh} Reorganization Act, 2014 apart from being^{violativeof Articles 14 and 21 of the} Constitution of lndia,1950. and consequentially^{set aside the same}

¶929

(b). Declare the consequent impugned admission^counseling Prospectus/Regulations issued by the^{Respondent No. 8 (For MBBS/BDS Courses} for the academic^year 2023-2024^{underCompetentauthority quota)dated} 06.O7.2023, as illegal, attitrary and the^{same liable to be set-asideand}

¶930

(c)direct the Respondent.No.4 to restore the^{provisions in force prior to the} issuance of G.O.Ms.No .72 daled O3.O7.2023,^{issued by Respondent.No.4,} ensuring equal opportunity and^{protection of the laws to the students of Andhra} Pradesh for the academic^year 2023-2024^{of NEET(UG) Courses}

¶931

lA NO: 1 OF 2023

¶932

Petation under Section 151 CPC^{prayingthat in the circumstances stated in} the affidavit filed in support of the^{petition,the High Court may be pleasedto} suspend the operation of the^{impugnedGOMs.No'72 dated 03.07-2023 issued by} the Respondent No. 4, and^{also theconsequentially issued} Prospectus/Regulations^published by^{the Respondent No. 8 (For MBBS/BDS} Courses for the academic^{year2023-2024under'Competentauthority quota')} dated 06.07.2023,^pending disposal^{of the main Writ Petition and pass such other} order or orders as this Hon'ble court^{may deem fit and proper in the circumstance} of the case and consequentially conduct^{the counsellingfor the academicyear} 2023-2024 in line with the^{pre-existing provisionsof the TelanganaMedicaland} Dental Colleges Admissions^{(Admissionsinto MBBSand BDS Courses)Rules,} 2017, pending disposal of the^{main Writ Petition}

¶933

Counsel for the Petitioner: SRI^{VENKATESWARLU SANISETTY}

¶934

Counsel for Respondent Nos.¹ & 2:^{SRI GADI PRAVEEN KUMAR} (Dy. SOLICITOR GENERAL oF INDIA)

¶935

t-0

¶936

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶937

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶938

THE ADVOCATE GENERAL FOR

¶939

SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶940

Counsel for Respondent No. 6: SRt S. VIJAYA PRASHANTHT SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶941

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶942

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALO.'I NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶943

Counsel for Respondent No. 9: SRI p. GOVIND REODY,

¶944

SPL. SC FOR STATE OF ANDHRA PRADESH

¶945

WP NO:23390 0F 2023

¶946

Between:

¶947

Nandi Deekshitha, D/o. Nandr lrlurali, Aged 1Z years, Student, Minor fepresented by her.Na-turat Father/Guardia; Mr Nahdi Mrai-si;: tH;l venKataraman. aoed 48 vears, Rr,o. g_5-406, panta Street, Tirupati, Andhra Pradesh - 51 7501-

¶948

,..PETITIONER

¶949

AND

¶950

Union of lndia, Rep. by its.Sec_retary. Ministry of Health and Family Welfare, Nirman Bhawan, New'Delhi - 1100i1

¶951

Union of lndia, Rep. by its Secretary (HE), Ministry of Education, 109_C, Shastri Bhawan Nbw Dethi - 11OOO1

¶952

National Medical Commisslon _(Nf,lC),_Represented by its Secretary, pocket14 , Sector-8, Dwarka phase-t . New Delhi _ 11OO7l

¶953

State of Telangana, Rep. by its principal Se"rut"rv.'Health, Medicat and Family Wetfard Departrireni, SecretarLt. [A;-r;;il

¶954

L,irector of Medical Education. Heatth. Medical and Family Welfare

¶955

^^{Department, Government of Tetangana,SeCretarliiAuirOings,tiyderaUaO} 6. Telansana.va id ya vrd hana-pa rish5d, D;ilnm;;GaHeariti^-lie,jlcai iiri" ramfly wetrare. HeD bv its Commissioner, DM and HS Campus, Sultan Bazaar. Koti. Hvdeiab-ad

¶956

Telangana Statb Medical Services and lnfrastructure Development Corporation (ISMS|DC). Rep..by irs frranaging Diiecior, 2nd Floor, DM and

¶957

_^{no. uampus, Suttan Bazaar, Koti. Hyderabaduampus, Suttan Bazaar, Koti. HyderabadSuttan Bazaar, Koti. HyderabadBazaar, Koti. HyderabadHyderabad}

¶958

_^{no. uampus, Suttan Bazaar, Koti. Hyderabaduampus, Suttan Bazaar, Koti. HyderabadSuttan Bazaar, Koti. HyderabadBazaar, Koti. HyderabadHyderabad} 8 Sil"l.lqqnna Rao University of H'eatrh Siiunces (KNRUHS), Rep.by its

¶959

^^{Iiegtstrar,Ntzampura,Warangal, Telanqana}

¶960

state of Andhra Pradesh, Rep- by its pri"ncipar Secretary, Hearth, Medicar and Family Wetfare Deparrmenr, Seirriiriai, VErrq-ip;jiRmaravati

¶961

Respondent No 7 and g are deleted as per Court Order dated as per Court Order dated 24 OB ZAZ3 in Wp No 23390 oi 2Oi3

.RESPONDENTS

a. Declaring the Rule 3 (ll) (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 201 4 introduced vide G.O.Ms.No.72 dated O3lO7l2O23, issued by Respondent.No,4 in allocating the 100% seats under^'Competent Authority Quota'to local students of Telangana State as highly-illegal and contrary to the Section 95 of the Andhra Pradesh Reorganization Act,2014, the Andhra Pradesh Educational lnstitutions (Regulation of Admissions) Order, 1974, apa( from being violative of Articles 14 and 21 of the Constitution of tndia, 1950 and

¶966

b. Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and 8DS Courses) Rules, 2014 introduced vide G.O.Ms.No.72 dated O3lOl l2O23, issued by the Respondent No.4 and declare the impugned Prospectus/Regulations issued by the Respondent. No. 8 (For MBBS/BDS Courses for the academic year 2023-2024 under Competent authoraty quota) dated 06.07.2023, as illegal and arbitrary and consequently set-aside all other consequential notifications issued by Respondent No.8 an continuation with their earlier notifications dated 0610l l2O23, 2610712023 and O2tOBl2O23 and O3l0Bl2O23,

¶967

c.the Respondent.No.4 to 8 to restore the^provisions in force^prior to^the issuance of G.O.Ms.No.72 dated O3tO7t2O23, issued by Respondent.No.4, ensuring equal opportunity and^protection of the laws to the students of Andhra Pradesh for the academic year 2O23-2024of NEET(UG) Courses, by allowing the petitioner to participate in the registration and counseling process as per the Andhra Pradesh Educational lnstitdions^(Regulation of Admissions) Otder,¹⁹⁷⁴ and G.O.Ms. No.114, HM and FW, DT O5lOll2O17 and in consonance^{with Article} 371-D ot the Constitution of lndia, and also in terms of^{Section 95} of^THE ANDHRA PRADESH REORGANISATION ACT,^2014, and^{also in terms of the} judgments passed by the Honourable High Court

¶968

lA NO: 1 OF 2023

¶969

Petition under Section 1 51 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 operation of the impugned GoMs.No.72 dated o3lo7 t2023 issued by the Respondent.No.4, and the consequential prospectus/Regulations issued by the Respondent-No.8 (For MBBS/BDS courses for the academic year 2023-2024 under 'competent authority quota') dated o6lol tzoz3 and all other consequential notifications issued by Respondent No.B in continuation with their earlier notifications dated: oito7l2o23, 26toil2023 and 02/08J2023 aad o3to8t2o23:. pending disposal of the main Writ petition

¶970

iA NO: 2 OF 2023

¶971

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High court may be pleased to direct the Respondent,No.S to publish the seat matrix providing for both local and unreserved students while publishing for second counselling for the academic year 2023 - 2024 of NEET (UG) courses, pending disposar of the main.writ petition Counsel for the Petitioner: SRI ANUp KOUSHIK KARAVADT

¶972

Counsel for Respondent Nos. 1 & 2: SR-l GADI PRAVEEN KUMAR (Dy. SOLtctTOR GENERAL OF INDIA)

¶973

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶974

Counsel for Respondent Nos. 4 & 5: SRi B. S. PRASAD,

¶975

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶976

Counsel for Respondent No. 6: SRI S. VtJAyA PRASHANTH,

¶977

SC FOR TELANGANA VATDYA VIDHANA PARISHAD

¶978

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTFf SCIENCES

¶979

WP NO: 23412OF 2023

¶980

Between:

¶981

Bog.g^iti J_asmine Jeme_ema, D/o. Boggiti Jaya Sekhar, Aged 20 years, Student, 3/]080-5, Gannevari Patti Cotony, T1?ipatri. Ananthapuiamu, A;dh; p;;A;;ii - 51541 1

¶982

AND

¶983

.._PET|T|ONER

¶984

Union of lndia, Rep. by its Secretary,^{Ministryof Health and Family Welfare,} Nirman Bhawan, New Delhi^- 110011.

¶985

Union of lndia, Rep. by its Secretary^{(HE),Ministryof Education, 109-C.} Shastri Bhawan New Delhi^- 110001.

¶986

National Medical Commission^{(NMC), Represented by its Secretary, Pocket-} 14, Sector8, Dwarka Phase-1, New Delhi^{- 11OO77.}

¶987

State of Telangana, Rep. by its Principal Secretary,^{Health, Medical and} Family Welfare Department, Secretariat,^Hyderabad.

¶988

Directbr of Medica[ Education, Health,^{Medicaland FamilyWelfare} Department, Government of Telangana,^{Secretariat-Buildings,-Hyderabad.}

¶989

Telangana Vaidya Vidhana Parishad,^{Departmentof Health, Medicaland} Famili welfare, ilep.by its Commissioner,^DM and^{HS Campus, Sultan} B azaar, Koti, Hyderabad.

¶990

Telangana State Medical Services and^{lnfrastructure Development} -. - Corporation (TSMSIDC), , Rep.by^{its Managing Director, 2nd Floor,DM} andHS Campus, Sultan Bazaar,^{Koti, Hyderabad.}

¶991

Kaloji Narayina Rao University of Health^{Sciences(KNRUHS),Rep.byits} Reqistrar, Nizampura, Warangal,^Telangana.

¶992

Staie of Andhra Pradesh,^{Rep.byits Prihcipal Secretary, Health, Medical and} Family Welfare Department, Secretariat,^{Velagapudi, Amaravati}

¶993

Respondent No 7 and I are deleted^{a9 pel} 99urt^{Orger dated as per} Cou'rt Order d ated 24^{08 2023 in WP No 23412of 2O23}

¶994

...RES'.NDENTS Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstanc€s stated in the affidavit^{filedtherewith, the High Court maybe} pleased to issue a writ, order, or direction more^{particularly one in the natureof} WRIT OF MANDAMUS to

¶995

a. Declaring the Rule 3^{(ll) (h) of the Telangana Medical and Dental College} Admissions (Admissions into^{MBBSand BDS Courses) Rules,2014 introduced} vide G.O.Ms.No.72 dated 03.O7.2023,^{issued by Respondent.No.4 in allocating} the 100% seats under competent^{Authority Quota' to local studentsof Telangana} State as highly-illegal and contrary to^{the Section 95 of the AndhraPradesh} Reorganization Act, 2o14, the Andhra Pradesh^{Educationallnstitutions Hyderabad} (Regulation of Admissions) Order, 1974, apart^{from being violative of Articles14} and 21 of the Constitution of lndia,^1950and

¶996

b. Consequently, set-aside^{the amendmenti.e., Rule 3 (ll) (h) of the} Telangana Medical and Dental Colleges^{Admissions (Admissions into MBBSand} BDS Courses) Rules, 2014 introduced^{vide G-O.Ms.No.72datedO3.O7 -2023} ' issued by the Respondent No.4 and declare^{the impugned Prospectus/Regulations} issued by the Respondent- No.8^{(For MBBSBDS Courses for the academic year} 2023-2024 under Competent authority^{quota)dated 06.07.2023, as illegaland} arbitrary and consequently set-aside^{all other consequential notifications issued by}

¶997

¶998

Respondent No.8 in continuation with their earrier notifications dated. 06.07.2023, 26 -O7 -2023 and O248 -2O23 and 03.08.2023

¶999

c. the Respondent.No-4 to g to restore the provisions in force prior to the issuance of G.O.Ms.No.l2 dated O3.O7.2023, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2o23-2024of NEET(UG) courses, by afiowing the petitioner to participate in the registration and counsering process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 1974 and G.o.Ms. No.114, HM and FW, DT. os-or -2017 and in consonance with Articre 371-D of the constitution of rndia, and arso in terms of Section 9s of rHE ANDHRA PRADESH REoRGANTsA-iloN ACT, 2oi4, ano aiso in rerms.of the ,udgments^passed by the Hon,ble High Court

¶1000

IANO:1OF2 023

¶1001

Petjtion under Sqct(rn 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition. the High court may be pleased pleased to suspend the operation of the impugned GoMs.No.72 dated 03.07.2023 issued by the Respondent-No.4, and the consequentiar prospectus/Regurations issued by the Respondent.No-8 (For MBBS/BDS courses for the academic year 2023-2o24 under 'competent authority quota') dated 06.or.2023 and afl other consequentiar notifications issued by Respondent No.g in ccntinuation with their earlier notifications dated. 06-07.2029, 26to7t2o23 and a2na2o23 and o3to}t2oz3 pending disposal of the main Writ petition

¶1002

lA NO:2 OF 2o23

¶1003

Petition under Section 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent.No.S to publish the seat matrix providing tor both local and unreserved students whire pubrishing for second counsefiing for the academic year 2023'2024 of NEET (UG) courses, pending disposar of the main writ petition

¶1004

¶1005

Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI

¶1006

Counsel for Respondent Nos. 1 & 2: SRI GAOI PRAVEEN^KUMAR

¶1007

(Dy. SoLlclTOR GENERAL OF INDIA)

¶1008

Counsel for Respondent No. 3: Ms. GORANTLA^{SRI RANGA PUJITHA}

¶1009

Counsel for Respondent Nos.4 & 5:^{SRIB. S. PRASAD,} THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1010

Counsel for Respondent No. 6: SRI S.^{VIJAYA PRASHANTH,} SC FOR TELANGANA VAIOYA VIDHANA PARISHAD

¶1011

Counsel for Respondent No. 8: SRI^{A. PRABHAKARRAO,} SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1012

WP NO: 23444OF 2023

¶1013

Between:

¶1014

Vallem Thanmai, D/o- Vallem Subba Reddy,^{Aged17 years, Student, Minor} represented by her Natural Father/Guardian^{Mr. VallemSubba Reddy,S/o.} Villem Mallar6ddy, aged 43^{years,39/409-1-3, Vivekananda Nagar,OM} Shanti Road, Cuddapah, Andhra^{Pradesh - 516001}

¶1015

...PETITIONER

¶1016

AND

¶1017

Union of India, Rep. by its Secretary,^{Ministryof Health and Family Welfare,} Nirman Bhawan, New Delhi^{- 1 1001 1.}

¶1018

Union of lndia, Rep. by its Secretary^{(HE), Ministryof Education, 109-C'} Shastri Bhawan New Delhi^{- 1 10001.}

¶1019

National Medical Cornmission^(NMC), Represented^{by its Secretary, Pocket-} 14 , Sector-8, Dwarka Phase-1, New Delhi^{- 11@77.}

¶1020

Staie of Telangana, Rep. by^{its Principal Secretary, Health, Medical and} Family Welfare Department, Secretariat,^Hyderabad.

¶1021

Directbr of Medicai Education,^{Health, Medicaland Family Welfare} Deoartment, Government of Telangana,^{Secretariat Buildings, Hyderabad.}

¶1022

Telangana Vaidya Vidhana Parishrd, Department^{of Health, Medicaland} Family welfare, Rep.by its Commissioner, DM^{and HS Campus, Sultan} Bazaar, Koti, Hyderabad.

¶1023

Telanoana State Medical Services^{and lnfrastructureDevelopment} Corpoiation^(TSMSIDC), Rep.by^{its tvlanaging Director, 2nd Floor, DM and} HS Campus, Sultan Bazaar,^{Koti, Hyderabad.}

¶1024

Kaloli Ndrayana Rao University of^{Health Sciences(KNRUHS)'Rep.by its} Reoistrar. Nizampura, Waranqal.^Telanqana.

¶1025

Staie of Andhra Pradesh,^{Rep.Oyits PrincipalSecretary, Health, Medical and} Family Welfare Department, Secretariat.^{Velagapudi, Amaravati.}

¶1026

Respondent No 7 and 9 are deleted^{as p9l Cou4} _Older^{dated as per} court order dated²⁴ 08^{2o23 in wP No 23444 ot 2O23}

¶1027

...RESPONOENTS

¶1028

¶1029

Petition under Article 226 of the constitution of rndia praying thal in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particurarry one in the nature of .WRIT OF MANDAMUS to

¶1030

a. Declaring the Rure 3 (il) (h) of the Terangana Medicar and Dentar colleges Admissions (Admissions into MBBS and BDS courses) Rules, 2014 introduced vide G.o.Ms.No.z2 dared o3.o7.2023, issued by Respondent-No.4 in allocating the 100 percent seats under competent Authority euota to rocar students of relangana state as highly-illegal and contrary to the section 95 of the Andhra Pradesh Reorganization Act, 2014, the Andhra pradesh Educationar institutions (Reguiation of Acimissions) order, '1974, apa( trom berng vioiative oi Articles 14 and 21 of the Constitution of lndia, 1950 and

¶1031

b, Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medicar and Dental co eges Admissions (Admissio.s into IIBBS and BDS courses) Rures, 2o14 introduced vide G.o.Ms.No.T2 dated o3.or -2023, issued by the Respondent No.4 and decrare the impugned prospectus/Regurations issued by the Respondent. No. g (For M8BS/BDS courses for the academic year 2023-2024 under competent authority quota) dated 06.0r.2oz3, as i[egar and arbitrary and consequently set-aside arl other consequentiar notifications issued by Respondent No-B in continuation with their earlier notifications dated. 06.07.2023, 26-07-2023 and O2-O8-2O23 and 03.08.2023,

¶1032

c' the Respondent.No.4 to g to restore the provisions in force prior to the issuance of G.O.Ms.No.T2 dated O3.O1 .2023, issued by Respondent. No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2O23-2024of NEET(UG) Courses, by allowing the petitioner to participate in the registration and counsering process as per the Andhra Pradesh Educationar Institutions (Reguration of Admissions) order, 1974 and G.o.Ms. No.114, HM and FW, DT. os-or -2017 and in consonance with Articre 371-D of the Constitution of lndia, and also in terms of Section 95 of THE ANDHRA PRADESH REORGANTSATTON ACT, 2O14, and atso rn terms of the judgments passeci by the Honorable High Court

lA NO: 1 OF m23

lA NO: 2 OF 2023

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 direct the Respondent.No.S to^publish the seat matrix^providing for both local^and unreserved students while publishing for second counselling for the academic^year m23-2O24 of NEET (UG) Courses,^pending disposal of the main Writ Petition Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVAOI

¶1038

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1039

(Dy. SoLlclTOR GENERAL OF INDIA)

¶1040

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1041

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶1042

THE ADVOCATE GENERAL FOR SRl N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1043

Counsel for Respondent No. 6: SRI^S. VIJAYA^PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶1044

Counsel for Respondent No. 8: SRI A. PRABHAKAR^RAO,

¶1045

SC FOR KALOJI NARAYANA UNIVERSITY^{OF HEALTHSCIENCES}

¶1046

WP NO: 23454OF 2023

¶1047

Between:

¶1048

1 Potla Karthikeya Manjunadha, S/o. Potla Ramakrishna,^{Aged about. '18 years,} Occ. Student, Rl/o. Oh Age Home Road,^{4th Right, Sree Puramsetty} Venkateswara Heights, Kanuru, NTR District,^{AndhraPradesh} -⁵²⁰⁰⁰⁷ NEET Roll No. 1205180311 NEET All lndia Rank. 81825

¶1049

Kum.Nakkuri Chandlni, D/o. Siddartha, Aged about.21 years, Occ. Student, R/o. Ftat No.504, !R .Rqg_lgngrs, SaO%-biva Cotony, i,etaiini,-C,]itur. Districr, Andhra^pradesh. NEET Rori tto.-izosrrosos NEerAti tnaia canr<. 203550

¶1050

Kum.Perecherla Vasantha Lakshmi,, D/o. p.Venkata Durga prasad, Aoed ibo.ut.^{19 years, Occ. Student,} nfo^{g.flo.S-SOlz,'} Near"naOn;;"t;i.., lelqfurqqqdu !os!^{gg_{q@ar,parnauu-Oisrricr,'AnJhra p.o"ii} . i'eer Ro[ No. 1201110008 NEET AIt tnOia Rani-t ii+tO

¶1051

Kum.Kundanika yenumura,, D/o. Krishni prasad yenumura, Aged about. 1g ye.grcr Occ. Student,- R/o H No.8_130, pothana Kattaviri -paf..l WC, PITTALAVANT PALEM, Guntur District-s223ig, Anorrra-irradis't.,. r.rEer'nol No. 1205040569 NEETAil lndia Rank. tOlOee^'

¶1052

...PET|T|ONERS

¶1053

AND

¶1054

Union of lndia, Rep. by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, N'ew belhi-t 100,fi"^{--' -}

¶1055

Union of lndra, $ep. by its, Secretary (HE), Ministry of Education, Office at.

¶1056

^{109-C,Shasrri Bhawah,New Dethi--1 iOOOr,inOta.}

¶1057

Nationat Medicat Commission_(NUC),, nep., UV its Secretary, Office at. . fg,cfel-1.t,^{Secror-8,Dwarka Pnaseji,ruew'o6rni-ri-otjii-,iiaii"" "'}

¶1058

o. ,,,19,:.rrl9 ot I etangana,,.Fgp, b-y its principat Secretary to Government, _^{Dr.B.R.Ambedkar} Heatth, Medrcal and^retansaha Family Welfare Depariment, Goveinment of state siliJtirirl ilvo-"iioii:i'S:' Tetanoana^{' "-'*'' '',}

¶1059

The Director of l\Iedical Educ:tion,, tfea$r, fr4eOiebf anO Faml[ W.lfar.

¶1060

^^{Department, Governmentof rerangana,secretiri.t Buirdinos.'uvoerirract} 6. Tetangana.Vaidya Vidhana parishio,, De-partrilr;f ft;iiX, il;i"dt #; ramly werare, Rep., by ite -Commissioner, DM and HS Campus, Sultan Bazaar, Kotr, Hydeiaba'd, TS.

¶1061

I9l91g9lu S.tgle. l{g.aigt Services and tnfrastructure Devetopment

¶1062

, frqorataon^{(ISMS|OC),, Repby its Managing Direcroi, ZnO'Fiooi.} Dtrrl and

¶1063

^^{l-1D. vqmpus, sutran tsazaar, Koti, Hyderabad. TS.}

¶1064

Kaloii Narayana Rao University of H-ealth Sciences (KNRUHS), Rep., by its Regislrar. Nrzampura, Waranq'al. felanoani.^--'

¶1065

¶1066

1. State ot Andhra Pradesh,, Fup nV its p-rincipa! Secretary, Health, Meclical and Family Welfare Department, Secr6tariat, VeiagapuOi, nriirarltni, Crntui' District, Andhra Pradesh

¶1067

Petition under Articte 226 of the Constitution of tndia ,r"iffil:i',fll: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature ot WRIT OF MANDAtvtUS to

¶1068

(a)' Declare the Rure 3 (il) (d), (e) and (h) of the Terangana tvredicar and Dental colleges Admissions (Admissions into MB8S and BDS courses) Rures, 2017 amended/introduced vide G.o.Ms.N o.T2 dared 03.or.2023, issued by Respondent No.4., through which the reservations as contemplated in the unamended clauses of Rure 3 (11) (d), (e) are restricted in coflages estabrished prior to 2nd June, 2014 and also the newly introduced Ctause Rule 3 (lt) (b) through which 100% seats uncier competent Authority euota in rhe coleges established afler 2nd June, 2014 are alocated to rocar students of rerangana

¶1069

¶1070

State as illegal, Arbitrary, irregular, irrational, contrary to the^{Andhra Pradesh} Reorganization Act,2014 apart from being violative of Articles 14 and 21 of^the Constitution of lndia, 1950, and consequentially set aside the same.

¶1071

b. Declare consequent impugned the admission counseling Prospectus/Regulafions issued by the Respondent No. 8^{(For MBBS/BDS} Courses for the academic year 2023-2024 under Competent authority^quota) dated 06.07.2023, as illegal, arbitrary and the same liable to be set-aside and.

¶1072

(c).Direct the Respondent.No,4 to restore the provisions in force^prior to the lssuance of GOMs.No.72 dated 03.07.2023, issued by Respondent.No.4, ensuring equal opportunity and^protection of the laws to the^{students of Andhra Pradesh for} the academic year 2023-2024 of NEET(UG) Courses.

¶1073

lA NO: 1 OF 2023

¶1074

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^{may be pleased to} suspend the operation of the impugned GOMs.No.72 dated^{03.07.2023 issuedby} the Respondent No. 4, and also the^{consequentially issued} Prospectus/Regulations published by the^{Respondent No.8 (For MBES/BDS} Courses for the academic^year 2023-2024^{under Competent authority quota)} dated 06.07.2023,^pending disposal of the^{mainWritPetitionand pass such other} order or orders as this Honble Court^{may deem fit and proper in the circumstance} of the case and consequentially conduct^{the counselingfor the academic year} 2023.2024 in line with the^{pre-existing provisionsof the TelanganaMedicaland} Dental Colleges Admissions^{(Admissionsinto MBBSand BDS Courses)Rules'} 2017, pending disposal of the main Writ^Petition

¶1075

Counsel for the Petitioners: SRI PALLE^NAGESWARRAO

¶1076

Counsel for Respondent Nos. I & 2: SRI^{GADI PRAVEEN KUMAR}

¶1077

(Dy. SOLICITOR GENERAL OF INDIA)

¶1078

Counsel for Respondent No. 3: Ms.^{GORANTLA SRIRANGA PUJITHA}

¶1079

Counsel for Respondent Nos. 4 & 5:^{SRIB. S. PRASAD,} THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH &^{FAMILY WELFARE}

¶1080

Counsel for Respondent No. 6: SRI^{S. VTJAYAPRASHANTH'} SC FOR TELANGANA VAIDYA VIDHANA^PARISHAD

¶1081

¶1082

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1083

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1084

Counsel for Respondent No. 9: SRI p. GOVIND REDDY,

¶1085

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1086

WP NO: 23472OF 2023

¶1087

Between:

¶1088

Makkena Priyanka Chowdary, D/o Makkena Suresh Aqed about 1g vears uccupatron- student Resident of Flat No. 107, GK Heights 13th phase iload. _N^eI'I^lraja-v^{f\Iegaporis Gokutptots.KukatpaityueOcfiai-nririiigiii} D,;tiiJi: 500085

¶1089

ANT-,

¶1090

,..PETITIONER

¶1091

1 T.he State of Telangana, Represenled by its principal Secretarv. Medical and Hearth ;ervices Department, Secretariat. Hvderabad

¶1092

1. Kaloji Narayana Rao University of Health S6iences, Represented by its Registrar Telangana State, WSrangal

¶1093

...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or directron more particularly one in the nature of 'y'y'.it of iv'iandamiis deciaring Rule 3 (ll) (c), (e ) and (h) of the Teiangana iviedicai and Dental colleges Admissions (Admissions into M8BS and BDS courses) Rules, 2017 amended / introduced vide G.o.Ms No. 72 dated 03.07.2023 issued by the Respondents which the reservations as contemprated in the unamended clauses of Rule 3 (rr) (d), (e )are restricted in cofieges estabrished prior to 2nd June 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 10o Percent seats under competent Authority euota in the colleges estabrished after 2nd June 2o14 are aflocated to rocar students of rerangana state as iflegar, irregular, arbitrary, against the principre of naturar justice and viorating the Articre 14, 19,21 and 3004 of the Constrtution of lndia and consequenfly, direct the

¶1094

¶1095

Respondents to^provide a rnedical seat to the Petitioner as^per the NEET Rank merit list

¶1096

lA NO: 1 OF 2023

¶1097

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} provide a medical seat to the Petitioner as per the NEET Rank merit list Counsel for the Petitioner: SRI R. YELLA REDDY

¶1098

Counsel for Respondent No. 1: SRI B. S. PRASAD, THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR,

¶1099

GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1100

Counsel for Respondent No. 2: SRI A. PRABHAKAR^RAO,

¶1101

SC FOR KALOJI NARAYANA UNIVERSIW OF HEALTH SCIENCES

¶1102

WP NO: 23487 OF 2023

¶1103

Between:

¶1104

Ms. Challagali Divyasri, S/o Lakshmipati Raju, Aged about^{20 years, Occ.} Student, R/b Door No. 25-18-1 17l2, 2nd Line, Parvathipuram,^{Guntur District,} Andhra Pradesh'

¶1105

..PETrroNER

¶1106

AND1. Union of lndia, Rep. by its Secretary, Ministry of Heatth and Family Welfare, Nirman Bhawan, New Delhi - 110011.

¶1107

Union of lndia, Rep. by its Secretary^{(HE), Ministry of Education,109-C,} Shastri Bhawan New Delhi -^'110001.

¶1108

National Medical Commission^(NMC), Represented^{by its Secretary, Pocket-} 14, Sector€, Dwarka Phase-|, New Delhi^{- 11OO77.}

¶1109

State of Telangana, Rep. by its Principal Secretary, Health,^{Medical and} Family. Welfarb Department, Secretariat, Hyderabad.

¶1110

Directbr of Medical Education, Health, Medical and^{Family Welfare} Department, Govemment of Telangana, Secretariat -Buildings,^Hyderabad.

¶1111

Telangana Vaidya Vidhana Parishad, Department^{of Health, Medical and} Family welfare, Rep.by its Commissioner, DM and^{HS Campus, Sultan} Bazaar, Koti, Hyderabad.

¶1112

The Telangana State Medical Services and lnfrastructure^Development Corporatio-n (TSMSlrc), Rep.by its Managing^{Director, 2nd Floor, DM and} HS Campus, Sultan B azaar, Koli, Hyderabad.

¶1113

Kaloji Ndrayana Rao University of Health^{Sciences (KNRUHS),Rep.by its} Registrar, Nizampura, Warangal, Telangala.

¶1114

Thd State of Andhra Pradesh,^{Rep.by ita Principal Secretary, Health, Medical} and Family Welfare Depa rtment, Secretariat, Velagapud^{i, O*".f1u$,io,} o.*."

¶1115

Petition under Article 226 of the Constitution of^{lndiapraying that in the}

¶1116

circumstances stated in the affidavit filed therewith, the^{High Court may be}

¶1117

pleased lo issue a writ, order or Direction more particurarry one in the nature of Writ of Mandamus,

¶1118

(a) To Declare the Rule 3 (lt) (d), (e) and (h) of the Telangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rutes, 2017 amended/introduced vide G.o.Ms.No.72 dated 03.07.2023, issued by Respondent No.^'1 ., through which the reservations as contemplated in the unamended clauses of Rure 3 (i 1) (d), (e) are restricted in coileges estabrished prior to 2nd June. 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 100% seats under competent Authority euota' in the cofieges established after 2nd rune. 2014 are alocated to rocar students of rerangana state as iilegai, Arbitrary, irregular, irrationai, contrary to the Andhra praciesh Reorganization Act. 2014 apart from being violative of Artieles 14 and-21 of the Constitution of lndia,^-1950 and consequentially set aside th6 same

¶1119

b) To Declare the admission counselling prospectus/Regulations issued by the Respondent No. 2 (For I'IBBSiBDS courses for the academ ii year 2023-2o24 under competent authority quota) ciaied 06.0r.2023, as ilegar, arbitrary and the same liable to be set- aside and

¶1120

c) To Direct the Respondent. No.^.l to restore the provisions in force prior to lhe issuance of G.O.t/s.No.Z2 dated 03.01.2023, issued by Respondent No.1. ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2O23-2O24 of NEET (UG) Courses,

¶1121

d) To direct the respondents to consider the candidature of the petitioner in 54 colleges situated in the State of Telangana

¶1122

lA NO: 1 OF 2023

¶1123

Petition under Section I 51 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 operation of the impugned Go [rs.No.72 dated 03.07.2023 issued by the Respondent No. 1, and also the consequentially issued Prospectus/Regulations pubrished by the Respondent No.2 (For MBBS/BDS Courses for the academic year 2023_2024 under ,Competent authority quota) dated 06.07-2023, pending disposar of the main writ petition and pass such other order or orders as this Hon'bre couii may deem fit and proper in the circumstance of the case and consequentialy conduct the counseling for the academic year

¶1124

¶1125

2023-2024 in line with the^{pre-existing provisions} of the Telangana^Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017, pending disposal of main writ petition

¶1126

lA NO: 2 OF 2023

¶1127

Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^may be^pleased to direct the respondents to consider the candidature of the^petitioner in 54 colleges situated in the State of Telangana,

¶1128

Counsel for the Petitioner: SRI BASA CHANAKYA

¶1129

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1130

(Dy. SoLICITOR GENERAL oF INDIA)

¶1131

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA^PUJITHA

¶1132

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD,

¶1133

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1134

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIOYA VIDHANA PARISHAD

¶1135

Counsel for Respondent No. 7: SRI C. APPAIAH SARMA

¶1136

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO,

¶1137

SC FOR KALOJI NARAYANA UNIVERSIW OF HEALTH SCIENCES

¶1138

Counsel for Respondent No.9: SRI P. GOVIND^REDDY,

¶1139

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1140

WP NO: 23509 OF 2023

¶1141

Between:

¶1142

Pulleboina Vishwaksen, S/o.Pulleboina Raia Vishnumurthy,^{Aged about minor} (17) years,Occ. Student, Rep.by his natural father/Guardian_, P_ulleboinlRaja Vishnumurthy, S/o.Yesuratnam, Aged about^{47 yegrs, R/o.C/'l 1 ar Police} quaturos, Kuinool Road, Ongole, Prakasam, Andhra Pradesn - t11"???,ou

¶1143

AND

¶1144

1 The Union of lndia, Rep.by its Secretary, Ministry of^Health and^Family Welfare, Nirman Bhawan, New Delhi^- 110 011

¶1145

2 The Union of lndia, Rep-by its Secretary^{(HE), Ministry} of^{Education,109-C,} Shastri Bhawan, New Delhi - 110 001

¶1146

ti4

¶1147

National Medical Commission(NMC), Rep. by its Secretary, pocket _ 14, Sector-8, Dwaraka Phase-|. Nbw Deihi -'110'O77

¶1148

4 I!" 9q!9 of Telangana, , Rep.by its principat Secretary, Heatth, Medicat and l-amrly Wellare Department. Secretariat. Hvderabad.

¶1149

The Director of Medical Education. t-tealin, MeOlcal and Family Welfare

¶1150

^^{Department,, Govemment of Tetan ga na, Sbcretarfit euitiri"d: f;i"nd;..} 6. Telangana.Vaidy:r Vidhana parishid,, Departmeni of xeatt6, iUeOciiTino' commissioner, DM and HS campus, suttan

¶1151

E3#il,[?[i,fi;5""Bbyis

¶1152

Telangana S,Elii lr4g!,!gl Services and lnfrastructure Development Corprcration (ISMSIDC), Rep.by its Managing Director, 2nd Floor, DM and

¶1153

^^{Hs uampus,sultan Bazaar, Koti, Hyderabad.}

¶1154

Ka[rji,NaraVana Rao University of H'eatth Sciences (KNRUHS), Rep.by its Kegrstrar, Nizampura, Waranqal. Telanoana.Telanoana.

¶1155

Kegrstrar, Nizampura, Waranqal. Telanoana.Telanoana.

¶1156

9 Ptrt"- ol.419hra Pradesh, nep-.Uy its priicipat Secretary, Health, Medical and Famrty Wetfare Department, Secretariat, Velagapudi, Aharavati.

¶1157

Respondent No 7 and 9 are deteted as per Court Order dated as oer court Order dated 28 OB 2023 in Wp No Z3SO9 ot 2023

¶1158

...RESPONDENTS

¶1159

Petition under Arricre 226 of the constitution of rndi, praying that in the circumstances stated in the affidavit fired therewith, the High court may be please! tg issue a writ, order. or direction more particurarry orre _in the nature of WRIT OF MANDAMUS'to

¶1160

(a). Declare the Rure 3 (il) (d), (e) and (h) of the Terangana Medicar and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rules, 201 7 amended/introduced vide G.o.Ms.N o.72 dated 03,07.2023, issued by Respondent No. 4., through which the reservations as contemplated in the unamended clauses of R.iie 3 ([) (d), (e) are restricted in coriages estabiished prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 100% seats under competent Authority euota' in the cofieges established after 2nd June, 2014 are aflocated to rocar students of rerangana state as illegal, Arbitrary, irregurar, irrationar, contrary to the Andhra pradesh Reorganization Acl, 2o14 apart from being viorative of Articles 1 4 and 21 of .the Constitution of lndia, 1950_ and consequentially set aside the same

¶1161

(b). Declare the consequent impugned adm.ission counsefling Prospectus/Regurations issued by the Respondent No. B (For MBBS/BDS courses for the academic year 2OZ3-2O24 under Competent authority quota) dated 06.07.2023, as illegal, arbitrary and the same liable to be set_aside and

¶1162

(c). Direct the Respondent.No.4 to restore the provisions in force prior to the issuance of G.o.Ms-No.72 dar.ed o3.or.2023, issued by Respondent.No.4,

¶1163

¶1164

ensuring equal opportunity and^protection of^{the lawsto the students of Andhra} Pradesh for the academic yeat 2023-2C24 of NEET(UG) Courses

¶1165

IA 1 F 2023

¶1166

Petition under Section 151 CPC^piaying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^{pleased pleased} to suspend the operation of the impugned GOMs.No.72^{dated 03.07.2023 issued} by the Respondent No. 4, and also the consequentiafly^issued Prospectus/Regulations published by the Respondent No. 8^(For MBBS/BDS Courses for the academic year 2023-2024 under^'Competent authority^quota') dated 06.07.2023, pending disposal of the main Writ Petition and^{pass such other} order or orders as this Hon'ble Court may deem^fit and^{proper in the circumstance} of the case and consequentially conduct the counselling^for the^academicyear 2O23-2024 in line with the^{pre-existing provisions} of the^{TelanganaMedicaland} Dental Colleges Admissions^(Admissions into MBBS &^{BDS Courses)Rules,} 2O17, pending disposal of the main Writ Petition

¶1167

Counsel for the Petitioner: SRI VENKATESWARLU^SANISETTY

¶1168

Counset for Respondent Nos. 1 & 2: SRI GADI^{PRAVEEN KUMAR} (oy. SOLICITOR GENERAL oF INDIA)

¶1169

Counsel for Respondent No. 3: Ms. GORANTLA SRI^{RANGA PUJITHA}

¶1170

Counsel for Respondent Nos. 4 & 5: SRI B. S.^PRASAD,

¶1171

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1172

Counsel for Respondent No. 6: SRI S.^{VIJAYA PRASHANTH,} SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶1173

Counsel for Respondent No. 8: SRI A. PRABHAKAR^RAO, SC FOR KALOJI NARAYANA UNIVERSIW^{OF HEALTHSCIENCES}

¶1174

WP NO: 23511 OF 2023

¶1175

Between:

¶1176

Kakumanu Amulya, D/o. K. Anil Kumar, Age^{17 years,Occ.Student, minor} represented by tiis Natural Father/Guardian Mr.^{KakumanuAnil Kumar,S/o.} K. Samba Siv-a Rao, Aged about 52^years, Occ.^{Employee in VizagSteel} Plant, R/o. H,No. 31-41-i¹ 12, Ananya Amulya Nilayam,^{Sri Sai Ganesh nagar'} Road No.3, Kurmannapalem, Duwada,^{Vishakapatnam, Andhra Pradesh-} 530046'

...PErtrloNER

AND

1 !1lgl _of^ltO ia, Rg.O by its Secrerary, Ministry of Heatrh and Famity Wetfare, Nfrnan tshavan, New Delhi _1 1001 1

¶1181

2 Hlq of lndia, Rep by its Seclgrgry (HE), Ministry of Education, 1Og_C, shastn tshavan, New Delhi - 1 1001 1 .

¶1182

National Medical Commission (N!C), Rep. by its Secretary, pocket^.14, Sector-B, Dwarka^phase-t, rueiv Oetfri -^.tiOOit

¶1183

The State of Telangana, Rep by its principal Secretary Health, Medical and _^{ram y welareDepartment, Secretariat,} Hvderabad.

¶1184

L,arector of Medical Education, Health, medlcal and Family Welfare

¶1185

^^{Depa(ment, Government of Telangana, Secretariat AuilAings,HyderabaO.}

¶1186

Telangana.Vaidyjr Vidhana parish5d, D'epartment otHeJiiti-fr,fe,ii;i;;A ramtly weltare, Rep..by its Commissioner, DKM and HS campus, Sultan Bazaar, Koti, HydeiabSO

¶1187

Tela ngana S!q!9 -tyt^4c,g t Service, a nd I nfrastructure Development Corporation,,(TSMStDC)Rep by its managing Director, ZnO flooi, On,t and HS uampus, suttan tsazaar, Koti, Hvderabad.Koti, Hvderabad.Hvderabad.

¶1188

uampus, suttan tsazaar, Koti, Hvderabad.Koti, Hvderabad.Hvderabad.

¶1189

8 5ll",t.I1r:,y:l_qRao University of Hearth Sciences, Represenred by irs Hegtstrar Nizampura, WaranOal. Telanoana

¶1190

and Family The State ol Welfare Department, Secietariat, Vdlagapudi, Anthra pradesh] Rep. byits principai Secretary, Ai,iaravaini. Health, Medicai^{-- *}

¶1191

Respondent No 7 and 9 are deleted as per Court Order dated as oer court Order dared 28 oa zoz3 in wp Nd 23514;i ioii'

¶1192

Petition under Articte 226 of rhe Ccnsritution of tndia orrr;ffil:i?"ttil: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS to

¶1193

(a) Declare the Rute 3 (il) (d), (e) and (h) of the Tetangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduced vide G-o.Ms.N o.72 dated o3.o7.2023, issued by Respondent No.4., through which the reservations as contemplated in the unamended clauses of Rure 3 ([) (d), (e) are restricted in colrages estabtished prior to 2nd June, 2O14 and atso the newly introduced Clause Rule 3 (ll) (h) through which 100 percent seats under competent Authority euota in the cofleges established after 2nd June, 2o14 are aflocated to rocar students of rerangana State as illegal, Arbitrary, irregular, irrational, contrary to the Andhra pradesh Reorganization Act, 2014 apart from being viorative of Articles 14 and 21 of the Constitution of lndia, 1950 and consequentially set aside the same.

¶1194

b) Declare the admission counseflrng prospectus/Regurations issued by the Respondent No.8 (For MBBS/BDS courses for the academic year 2023-2024 under competent authority quota) dated 06.or.2023. as iflegar, arbitrary and the same liable to be set- aside and

¶1195

¶1196

c) Direct the Respondent.No.4 to restore the^{provisions in forceprior to the} issuance of G.O.Ms.No.72 datedO3.O7.2023, issued by^{RespondentNo.4, ensuring} equal opportunity and^protection of the laws to the^{students of Andhra Pradeshfor} the academic^year 2023-2O24 of NEET^(UG)Courses.

¶1197

lA NO: 1 OF 2023

¶1198

Petition under Section 151 CPC^praying that^{in the circumstancesstated in} the affidavit filed in support of the^{petition, the High Court may be pleasedto} suspend the operation of the impugned GOMs.No.72^{dated 03-07.2023issuedby} the Respondent No.4 and also the^{consequentially issued Prospectus/Regulations} published by the Respondent No. 8^(For MBBS/BDS^{Coursesfor the academic} year 2023-2024 under (Competent authority^quota) dated 06.07.2023'^pending disposal of the main Writ Petition and^{pass such other order or ordersas this} Honble Court may deem fit and^proper in^{the circumstanceof the caseand} consequentially conduct the counselling^{for the academic year2023-2024in line} with the pre-existing^provisions of the^{Telangana Medicaland DentalColleges} Admissions (Admissions into MBBS^{and BDS Courses) Rules, 2017,pending} disposal of the above writ^petition

¶1199

Counsel for the Petitioner: SRI ANIRUDH^SADHU

¶1200

Counsel for Respondent Nos.¹ &^{2: SRIGADI PRAVEEN KUMAR} (Dy. SoLlClToR GENERAL oF INDIA)

¶1201

Counsel for Respondent No.^{3: Ms. GORANTLASRIRANGA PUJITHA}

¶1202

counser ror Respondent Nos. 4^- t,i#?rl35liAooL*.. ,o

¶1203

SRI N. PRAVEEN KUMAR,

¶1204

GP FOR MEDICAL, HEALTH^{& FAMILY WELFARE}

¶1205

Counsel for Respondent No.6: SRI^{S. VIJAYA PRASHANTH,} SC FOR TELANGANA VAIDYA^{VIDHANA PARISHAD}

¶1206

Counsel for Respondent No. 8:^{SRIA. PRABHAKAR RAO,}

¶1207

SC FOR KALOJI NARAYANA UNIVERSIW^{OF HEALTHSCIENCES}

¶1208

WP NO: 23513 OF 2023

¶1209

Between:

¶1210

Daivapu Surya Santhosh, S/o.^{Naga Subraqanyam, Aged 19-years,Stud-ent,} 2-146; Chin(alapalli, Near santa^{-Market, Chintalapalli,VTC. Razole,East} Godavari, Andhra Pradesh^- 533244.

¶1211

...pETt.oNER

¶1212

AND

¶1213

l1ll9i-"f_l$ia, Rgq. by_its Secrerary, Minisrry of Heatth and Famity Wetfare, Ntrman tshawan, New Delhi - 11OO11.

¶1214

Union of lndia, Rep. by its Secretary (HE), Ministry of Education, 1Og_C, Shastri Bhawan Nbw 6ehi - 1 1000i .'

¶1215

National Medicar commission (Nrrrrc), Represented by its secretary, pocket_^{14 , Sector-8, Dwarka phase-1',} Newbettii -^.t,lOOll

¶1216

4 Flrlg "f.Tqtrngana, Rep. by its principat SecreGry, Heatth, Medicat and _^{ramlyweuare Department,Secretariat,} Hvderabbd.

¶1217

b. Director of fiIedical Education, Health, Medical and Family Weliare

¶1218

^^{Department,Govemment of rerangana, secretariat guirdinos.Hvderabad} o. r erangana-vardya vidhana parishad, Department of Hearthl Medicar and Famtty we[are, Rep.by ils Commissioner, DM and HS Campus, Sultan Bazaar, Koti, Hvdeiabld

¶1219

Telangana Ststi2 Medical Services and lnfrastructure Development lgrqoration^{(ISMS|DC),Rep.byirs nlanaging Oirecror.ZnO Ftooi,'OU} anO n5 uampus, Suttan tsazaar, Koti Hvderahar!

¶1220

8 5:l:,{.Y-.^y11a Rao Universiry or_5'eairn Sciences (KNRUHS), Rep.by irs -^{Kegtstrar, Nizampura, Waranqal. Telanoana.}

¶1221

^{Kegtstrar, Nizampura, Waranqal. Telanoana.}

¶1222

state of Andhra^pradesh, Ref-.by rts pri"ncipal secretary, Hearth, Medicar and Family Welfare Department, Seiretariat, VEfaga-puai, a'riraraviti.

¶1223

(Re-spondents 7 and 9 are dereted as per court order dated 2g.0g.2o23 in W.P.No.23513 of 2023)

¶1224

Petition under Articte 226 of the Constiturion of tndia ,rrr;,ffii:i?"tl;: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶1225

a. Declaring the Rure 3 (fl) (h) of the Terangana Medacar and Dentar colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vide G.O.Ms.No.lZ dated 03.O1 .2023, issued by Respondent.No.4 in aliocating the 100 percentage seats under competent Authority euota to rocal students of relanEana state as highry-ifiegar and contrary to the section 95 of the Andhra Pradesh Reorganization Act, 2o14, the Andhra pradesh Educationar lnstitutions (Reguration of Adrnissions) order, 1974, apart from being viorative of Articles 14 and 21 of the Constitution of lndia, 1950 and

¶1226

b. Consequently, set-aside the amendment i,e_, Rule 3 (ll) (h) of the Telangana Medicar and Dentar cofieges Admissions (Admissions into MBBS and BDS courses) Rules, 20'14 introduced vide G.o.Ms.No.7z dared o3.o7.2023, issued by the Respondent No.4 and decrare the impugned prospectus/Regurations issued by the Respondent. No. g (For MBBS/BDS Courses for the academic year 2023-2024 under competent authority quota) dated 06.07.2023, as i egar and arbitrary and consequentry set-aside ar! other consequentiar notifications issued t-rv

¶1227

¶1228

Respondent No.8 in continuation with thear earlier notifications dated. 06.07.2023, 2647-2023 and 02-08-2023 and 03.08.2023,

¶1229

c. the Respondent.No.4 to 8 to restore the provisions in force prior to the issuance of G.O.Ms.No.72 dated O3-O7.2023, issued by Respondent,No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2O23-2024of NEET(UG) Courses, by allowing the petitioner to participate in the registration and counseling process as per the Andhra Pradesh Educational lnstitutions (Regulation of Admissions) Order, 1974 and G.O.Ms. No.114, HM and FW, DT. O5-O7-2O17 and in consonance with Article 371-D of the Constitution of lndia, and also in terms of Section 95 of THE ANDHRA PRADESH REORGANISATION ACT, 2O14, and also in terms of the judgments passed by the Hon'ble High Court

¶1230

!A NO: 1 OF 2023

¶1231

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to suspend the operation of the impugned GOMs.No.72 dated 03.07.2023 issued by the Respondent.No.4, and the consequential Prospectus/Regulations issued by the Respondent.No.S (For MBBS/BDS Courses for the academic year 2023-2024 under 'Competent authority quota') dated 06.07.2023 and all other consequential notifications issued by Respondent No.8 in continuation with their eadier notifications dated: 06.07.2023, 26-07-2023 and O2-O8-2O23 and 03.08.2023, pending disposal of the main Writ Petition

¶1232

lA NO: 2 OF 2023

¶1233

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court rnay be^pleased to direct the Respondent.No.S to publish the seat matrix^providing for both local and unreseryed students while^publishing for second counselling for the academic^year 2023-2024 of NEET (UG) Courses,^pending disposal of the main Writ Petition Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVAD!

¶1234

Counse! for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR (Dy. SOLICIToR GENERAL oF INDIA)

¶1235

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1236

¶1237

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶1238

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1239

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VATDYA VIOHANA PARISHAD

¶1240

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1241

WP NO: 23617 OF 20 23

¶1242

Between:

¶1243

AswithaRani Mgd"T, D/o. Venkata Ramesh Kumar Reddy Modem Aged 23 y99.rs R/o. H.No.l-56S/2, Saraswathi Nagar Chinna eiOugupaOu^-kovur Nellore Andhra Pradesh 524137

¶1244

AND

¶1245

...pETrroNER

¶1246

'I [!9,p-ta!golfglangana, Bep.^{b.y its principat Secretary, Department of} Hea-lth-,Medical and. Family.welfare Telangana SecretSiiat, Hyderabad l\ato,r Narayanarao University of Health Sciences, Rep. by its-Registrar. Nrzampura Warangal Telangana - 506007

¶1247

Petition under Articte 226 of the Constitution of tndia ,.riffil:i",flH circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or Direction, more particularly one in the nature of Writ of Mandamus declarang the Clauses (d), (e) ancr (h) of Rule 3 (ii) of Telangana Medical and Dentar colreges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 introduced vide G.o.Ms. No 72 Health, N,ledical and Family Welfare (Cl) Department dated O3tOt t2O23 thereby restricting the reservations for non locals to admissions into MBBS and BDS course only to collages established prior to 2nd June 2014 and reserving 1o0yo seats under competent Authority Quota in the colleges established after 2nd June, 2o1.4 only to local students of state of rerangana as arbitrary, iflegar, irrationar, voirative of Article 14 of constitution of rndia and contrary to (i) The Ap Educationar lnstitutions (Regulation of Admissions) order 1gr4 (ii) section g5 of Ap ReOrganisation Act 2O14 and consequenfly setaside G.O.Ms.No,Z2, Heafth, Medical and Family welfare (cl) Department dated 03/07/2023 in so far as amendment to Rule 3(ll) of relangana Medicar and Dentar cofieges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 and to consider the case of the petitioner

¶1248

¶1249

for admissaon into MBBS course^{for the academic} Wa(^{2023-24even in the} colleges established after^{OZIOG l2O1 4}

¶1250

lA NO: 1 OF 2023

¶1251

Petition under Section 151^{CPC praying that in the circumstancesstated in} the affidavit filed in support^{of the petition,the High court may be pleasedto direct} the 2nd Respondent to consider^{caseof the Petitionerfor admissioninto MBBS} course for the academic^{year 2023 - 24 evenin the colleges establishedafter} O2lOGlzO14,^pending disposal^{of the Writ Petition}

¶1252

lA NO: 2 OF 2023

¶1253

Petition under Section 151^{CPC praying that in the circumstancesstated in} the affidavit filed in support^{of the petition, the High court maybe pleasedto stay} the operation of GOMS.No.72^{Health'Medicaland Family Welfare (Cl)} Department dated^{O3tO7l2O23issued by the 1't Respondent pendingdisposal of} the Writ Petition

¶1254

Counsel for the Petitioner:^{SRI B. SRINARAYANA}

¶1255

Counsel for Respondent^{No.1: SRI B. S. PRASAD'}

¶1256

THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH^{& FAMILY WELFARE}

¶1257

Counsel for Respondent^{No. 2: SRIA. PRABHAKARRAO'} SC FOR KALOJI^{NARAYANA UNIVERSITY OF HEALTHSCIENCES}

¶1258

WP NO: 23631 OF 2023

¶1259

Between:

¶1260

Kakarla Venkata^{Sujitha, D/o K.mastanRao-Aged} -abo-ut^{19 years} .Occ' lirO.j"t,ny. Sz-7-ta.itle*^{Postal colony Road Patamata, Viiayawada Krishna} district Andhra Pradesh state. ...pETtTtoNER

¶1261

AND

¶1262

State of Telangana, Rep.^{by its Principal gecretary..Health,Medical and} Familv Welfa16 Deoartment, Secrelariat,^Hyderabad-

¶1263

oirdit6i oi tleoicai Education,^{Health- Med'ical andF-amilyWelfare} Deoartment. Government^{of Telangana, Secretanattsullcllngs' Hyoeraoao'}

¶1264

rii6ii iqiiivrri Cao Universitv^{of "Health Sciences (KNRUHS)'Rep bv its} Regi'strar, Nizampura^{Warangal Telangana.}

¶1265

...RESpoNoENTs

¶1266

Petition under Article^{226 of the constitutionof lndiapraying that in the}

¶1267

circumstances stated in^{the affidavit filed therewith,the High courtmaybe}

¶1268

¶1269

pleased to issue writ order or direction more particurarry one in the nature of writ of mandamus

¶1270

(a). declare the Rute 3 (,) (d), (e) and (h) of the Tetangana t\redical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduced vide G.o.Ms.No.72 dated o3.o7.2023, issued by Respondent No.1 ' through which the reservations as contemprated in the unamencied crauses of Rure 3 (I) (d), (e) are restricted in cofleges estabrished prior to 2nd June' 2014 and also the newg introdueed crause Rure 3 (r) (tr) through which 100% seats under 'competent Authority Quota in the cofleges established after 2nd June, 2014 are aflocated to rocar students of rerangana siate as iiiegai, Arbitrary, irreguiar, irrationar, contrary to the Andhra pracresh Reorganization Act, 2014 apart from being violative of Articles 1 4 and 21 of the Constitution of India and consequentially set aside the same,

¶1271

(b)' Decrare the cdnsequent impugned admission counsering prospectus/ Regulations issued by the respondent No.3 (For MBBS/BDS courses for the academic year 2o23-2o24 under competent authority quota as iiregar, arbitrary and the same lrable to be set-aside and,

¶1272

(c) Direct the Respondent.No.l to restore the provisions in force prior to the issuance of G.O.Ms.No .72 daled O3.O7.2023, issued by Respondent.No.l ensuring equar opportunity and protection of the raws to the students of Andhra Pi'adesh for the academic year 2O23-2O24 of NEET(UG) Courses

¶1273

lA NO: 1 oF 2023

¶1274

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 operation of the impugned Go.Ms.No.72 Health, Medical and Family welfare (cl ) department dated 03.07.2023 issued by the respondent No.1, and also the consequentially issued prospectus/ Regulations published by the Respondent No3 (For MBBS/BDS courses for the academic year 2023-2024 under competent authority quota pending disposal of the main writ petition and pass such other order or orders as this Hon'bre court may deem fit and proper in lhe circumsrance of the case anci consequentiafly conduct the counseiing for the

¶1275

¶1276

academic year 2023-2024^{in linewith the pre-existing provisionsof the Telangana} Medical and Dental Colleges Admissions^{(Admissionsinto MBBS and BDS}

¶1277

Courses) Rules 2017^pending disposal^of the^{above writ petition}

¶1278

Counsel for the Petitioner: SRI GUDI^{MAOHUSUDHANREODY}

¶1279

Counsel for Respondent No.1: SRI B.^{S. PRASAD,}

¶1280

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR,

¶1281

GP FOR MEDICAL, HEALTH & FAMILY^WELFARE

¶1282

Counsel for Respondent Nos. 2 & 3:^{SRIA. PRABHAKAR RAO'} SC FOR KALOJI NARAYANA UNIVERSITY^{OF HEALTHSCIENCES}

¶1283

WP NO: 23667 OF 2023

¶1284

Between:

¶1285

Kadari Saroja, D/o.Nookaraju, Age.21^{years, Occ.} Student R/o. H. NI,o. 1-134, Yadalavari Vooru, Thondangi^(M), Kakinada^District ...PETITIONER

¶1286

AND

¶1287

1 Union of lndia,, Rep by its Secretary,^{Ministryof Law andJustice, 4th Floor,} A-Wing, Strasiri Bhawhn, New Delhi^{- 110 O01 (email. secylaw{[email protected])}

¶1288

2 The Stite of Telangana,, Rep by^{the Principal Secretary, Departmentof} Health, Medical and Family Weli'are,^{Telangana Secretariat, BRKR Bhavan,} 6th Floor, D-Block, Hyderabad^{- 500022. Email.} Pdsecy [email protected]

¶1289

3 Nation-aTMediiSl Conimission,, Rep^{by the Boardof Govemorsthroughits} Joint Secretary, Pocket -^'14, Sector^{-8, Dwaraka Phase- 1, New Delhi -} 1 10077, 10077, lndia, Email. [email protected]

¶1290

1 10077, 10077, lndia, Email. [email protected]

¶1291

4 Directoiate of^'Medical Edu-cation,,^{Govemmentof Telangana Koti'Hyderabad} E-mail. [email protected]

¶1292

5 Kaloii Naraya-narao-University of^{HealthSciences,, Rep by its Registrar,} Niza-mpura, Warangal, Telangana^{- 506O07(Email -} knruhswql'1 [email protected])

¶1293

6 The Statti of Xnldhra Prad'esh,, Rep by^{the Principal Secretary'Departmentof} Health, Medical and Family Welfare.^{Secretariat Buildings, Velagapudi,} Guntur District, Andhra Pradesh

¶1294

7 Dr. YSR University of Health Scbnces,^{Rep by its Regiskar,Near} Ramavarappadu, Vijayawada,^{Andhra Pradesh - 520008}

¶1295

...REspoNoENrs

¶1296

Petition under Article 226 of^{the Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith, the High Court may be} pleased to issue a writ, order or direction more^{particularly one in the nature of}

¶1297

Writ of Mandamus,

¶1298

a) declaring the action of the^{2ND Respondent Statein amending Rule3} Sub Rule (ll) (d) and (e) of the^{Telangana Medical and Dental Colleges}

¶1299

¶1300

Admissions (Admrssions into MBBS and BDS courses) Rures, 2017, through the impugned G.O.MS.No.72, DT. 03-07- 2023, to the extent of altering the reservation eligibility criteria stipulated for the unreserve d 1so/o competent authority quota seats to non-rocar candidates onry against the total seats avairabre in colleges estabrished prior to o2-06-2014 and thus excluding and depriving the petitioner of an equal opportunity of availing a seat in Medical courses for the academic year 2023-2024 in afl cofleges in the state of rerangana as iflegar, arbitrary, discriminatory and violative of Art.1 4 of the constitution of lndia and in utter contravention of Section g5 of the Andhra pradesh Reorganisation Act, 2014 and the Andhra Pr;rdesh Educational lnstitutions Regulations of Admissions order, i974 issueci vioe G.o.p.No.646 Eciucation (w) Department Dateci io-o7-igrg and.

¶1301

b)declaring the action of the 2nd Respondent State in inserting and adding a new clause namery (h) after existing crause (g) of Rure 3 Sub Rure(I) of Telangana Medicar and Dentar cofleges Admissions (Admissions into MBBS and BDS Courses) Rutes. 2Oi7, through the impugnred G.O.Ms.No.72 , dated 03_07_ 2023, thus providing reservation to the extent of looo/o of seats under competent Authority Quota for Locar candidates in cofleges estabrished after 02-06-2014. and thus excluding and depriving the petitioner of an equal opportunity of availing a seat in Medical courses for the academic year 2o23-24 in a[ cofleges prevairing in the State of Tetangana as illegal, arbitrary, discriminatory and violative of Articles 14 of the constitution and in in ufter contravention of section g5 of the Andhra Pradesh Reorganisation Act, 2014 and the Andhra pradesh Educationar Institutions Regulalions of Admissions order, 1974 isasued vide G.o.p.No.646 Education (W) Department Dated 10-07-1979, and

¶1302

c)declaring the action of the 2 Respondent state in inserting and adding a new clause namely (h) after existing clause.(g) of Rule 3 Sub Ruie(ll) of Telangana Medicar and Dentar cofleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2O17, through the impugned G.O.Ms.No.72 , dated 03-072023, accordingly reserving 85% compent authority quota seats to the local candidates and 15% to non-rocal candidates against the total the totar seats available in colleges estabrished prior to 02-06-2014, and thus excruding and depriving the petitioner of an equar opportunity of avairing a seat in Medicar courses for the academ ic year 2a23-24 in all colleges prevaiiing in the state of

¶1303

¶1304

Telangana as illegal, arbitrary, discriminatory^{and violativeof Articles14 of the} Constitution and in in utter contravention of Section^{95 of the Andhra Pradesh} Reorganisation Act, 2O14 and the Andhra^{PradeshEducationallnstitutions} Regulations of Admissions Order, 1974 issued^{vide G.O.P.No.646 Education (W)} Department Dated 10{7-1979. and

¶1305

d)Declare the NEET^{prospectusand notification DT- 06-07-2023, issued by} the sth respondent University in consequence^{to the impugned G.O.Ms.No.72, as} illegal, without^jurisdiction and in^{gross disobedienceof the} iudgments^{passed by} the High Court and consequently^{quash/setasideG.O.Ms.No.72,dated 03-07-} 2023 issued by the 2nd Respondent^{and also the prospectusand notification} dated 06-07-2023 issued by the Sth^{respondent, and.}

¶1306

e)Consequently direct the^{2nd and Sth respondents to implement the} reservation eligibility criteria in the^{state of Telangana, in the matterof admission} into NEET MBBS and BDS Courses^{for the academicyeat 2023-24, by allowing} the Petitioners to^participate in the^{registration and counseling processas per the} Andhra Pradesh Educational lnstitutions^{Regulationof Admissionsorder 1974} issued vide G.O.P.No.646 Education^{(W) Depa(ment Dated10-07-1979and} G.O.MS.No.1'14, HMand FW,^{Dated 0547-2017 and all other allied State} Government instructions framed^{in consonancewith Art.371-D of the constitution} of lndia, and also in terms of S.95^{of the AndhraPradesh Reorganisation Act,} 2014 and also in terms of the^{judgmentspassed by the Honble HighCourt.}

¶1307

lA NO: 1 OF 2023

¶1308

Petition under Section¹ 51 CPC^{prayingthat in the circumstancesstated in} the affidavit filed in support of the^{petition,the High courtmay be pleased to grant} stay on the orientation of G.o.Ms.^{72 date o3-o7.2023 isssued by the Respondent} No. 4 and the consequential Proceedings^{Prospectus/ Regulationsissued by the} Sth Respondent university^{( For MBBS/BDSCourses for the academic year 2O23'} 2024 unde( competent Authority Quota)^{dated06.07.2023 pending disposal of the} main wrat petition

¶1309

Counsel for the Petitioner:^{SRIC M R VELU}

¶1310

Counsel for Respondent No. 1: SRI^{GADI PRAVEEN KUMAR}

¶1311

¶1312

(Dy. SoLIC|TOR GENERAL OF INDIA)

¶1313

Counsel for Respondent No. 3: Ms. GORANTTA SRI RANGA PUJITHA

¶1314

Counsel for Respondent Nos. 2 & 4: SRI B. S. PRASAD,

¶1315

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1316

Counsel for Respondent No. 5: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1317

Counsel for Respondent Nos. 6 & 7: SRI p. GOVIND REDDY,

¶1318

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1319

WP NO: 23679 oF 2023

¶1320

Between:

¶1321

Surasani Sushmitha Reddy, D/o.pu,a Reddy. Aged 19 years, Occ. Student, Rt/o.. Koranematanrrrr. _^{Kubudaprrum,eiou{uirir, rritinilii -hr]iioJ'6i".t} Andhra Pradesh -' 52241 3

¶1322

AND

¶1323

...PET|T|OI.IER

¶1324

Unionof lndra. Ren by its Secretary, Ministryof Health and Family Welfare, Nirman Bhawan, N&'Dethi _ i i o0ii .^{"" ""''' "'}

¶1325

Union of lndia. Reo. by its Secretary (HE), Ministry of Education, 109-C, Shastri Bhawan Nbw Dethi 1 lObti

¶1326

National Medical Commissron 1I{MC;, Represented by its Secretary, pocket_ .^{14, Sectoi-g. Dwaii(a phase_.i'.I,te#beii,i_-irtibzz '}

¶1327

State_ of Telangana, Rep by :ts prtncip-a-t'Secieh-ry, Health, Medical and c. - urrector ot Fa mit y Wetf Medical Educatron. a re Depa rlrire n( Secret Health, jiiat, Medical and Family frvj'eii-Oro. Welfare

¶1328

^^{Deparrmenr,Go vernrnenror rerr r,gi nb, s-eiiei#at eriidi;di,} A*vo;ra uao. 6. Telangana Vaidya Vidhana parisfria,|"-r-rffiEnt of neaffi, ivtedEi;;; Famirv welfare, Rep bv its com;isidn;;rir,,l L""a Hs crn'pirlilliiiitii"" B azaar, Koti. Hvdeiab'ad

¶1329

Telangana Statil Medrcal Services and lnfrastructure Development

¶1330

3:ffi l1:''d,[,::B::?:],?;,?'i,^{j[.y#si;sD;;;"G;;;"rfr""I,'br',randHS}

¶1331

Kaloii Naravana Rao University 6Geattti'sctences (KNRUHS), Rep.by its

¶1332

^^{Segistrar, Nizampura,Waranq'at.Teia;il;.'"*}

¶1333

9' State of Andhra pradesh, Refl.by its fri"ncioar secretary, Hearth, Medicar and Famity Wetfare Department. Seiretarial, V6ias;;udi, Amdr;v;ti:^' --^*'-'-

¶1334

Petition under Arricte 226 of rhe Constiturion of tndia ,r"i,ii:ffii',"t1;: circumstances stated in the affidavit fired therewith, the High court may be_ pleased to issue writ or direction particurarry in the nature of Mandamus of or any other writ.

¶1335

¶1336

(a). Declare the Rute 3 (ll) (d), (e) and^(h) of the Telangana^{Medical and} Dental Colleges Admissions (Admissions into MBBS^{and BDS Courses)Rules'} 2017 amended/introduced vide^{G.O.Ms.No.7Zdated03.07.2023,issued by} Respondent No. 4., through which the reservations as^{contemplated in the} unamended Clauses of Rule 3^{(ll) (d), (e) are restrictedin collagesestablished} prior to 2nd June, 2014 and also the newly introduced Clause Rule 3^{(ll) (h)} through which 100 percentage seats under^{CompetentAuthority Quota' in the} colleges established after 2nd June,^{2014 are allocated to local students of} Telangana State as illegal, Arbitrary,^{irregular, irrational, contraryto the Andhra} Pradesh Reorganization Act, 2014 apart^from being^{violativeof Articles 14 and21} of the Constitution of lndia, 1950. and^{consequentiallyset aside the same}

¶1337

(b).Declare the consequent impugned admission counselling Prospectus/Regulations issued by the^{RespoMentNo. 8 (For MBBS/BDS Courses} for the academic year 2023-2O24^{underCompetentauthority quota)dated} 06.07.2023, as illegal, arbitrary and the^{same liable to be set-asideand}

¶1338

(c).Direct the Respondent.No.4 to restore the^{provisions in force prior to the} issuance of G.O.Ms.No .72 dated^{03.O7.2023,issued by Respondent.No.4,} ensuring equal opportunity and^{protection of the laws to the students of Andhra} Pradesh for the academic^year 2O23-2024^{of NEET(UG) Courses}

¶1339

lA NO: 1 OF 2023

¶1340

Petition under Section 151 CPC^{praying that in the circumstances statedin} the aftidavit filed in support of the^{petition,the HighCourt may be pleased To} suspend the operation of the impugned^{GOMs.No.72dated 03.07.2023 issued by} the Respondent No. 4, and also^{theconsequentially issued} Prospectus/Regulations^published by^{the Respondent No. 8 (For MBBS/BDS} Courses for the academic^year 2023-2024^{under'Competent authorityquota')} dated O6.07.2023,^pending disposal^{of the mainWritPetitionand pass such other} order or orders as this Hon'ble court^{maydeem fit and proper in the circumstance} of the case and consequentially conduct^{the counsellingfor the academicyear} 2023-2024 in line with the^{pre-existing provisions of the TelanganaMedicaland} Dental Colleges Admissions^{(Admissionsin{o MBBSand BDS Courses)Rules,} 20l 7, pending disposal of the main Writ^Petition

¶1341

Counsel for the Petitioner: SRI^{RAMA RAOKOCHIRI}

¶1342

¶1343

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1344

(Dy. SoLtCtTOR GENERAL OF tNDtA)

¶1345

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1346

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶1347

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1348

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAO

¶1349

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1350

Counsei t'or Respondent No. B: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1351

Counsel for Respondent No. 9: SRI p. GOVIND REDDY,

¶1352

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1353

WP NO: 2371 I OF 2023

¶1354

Between:

¶1355

Padakandla Lakshmi sathwika, D/o padakandra chenchu subba rao. Aoed about 21 years, occ. Srudenr, nyo H No.2_g_rsa-r, ril ;tre"t K;rLL]'ilX&,: kayalu, Kovuru, Nellore Districi, Andhra pradLsh_^-'-

¶1356

AND

¶1357

...PETITIONER

¶1358

State of Telanoana Rep. by lts prrncipal Secretary, Department of Health and ^^{ltgqiggtand F5mityweirurt,Suciuuliii.rj,7ji,'rluro.} z. KNK University Health Sciences Warangal.- Rep by its Registrar

¶1359

Petition uncter.Articte 226 of the Constitution of lndia ,r"r;ffil:i',f1;: circumstances stated in the aftidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶1360

(a). Declare the Rute 3 (,) (d), (e) and (h) of the Telangana Medical and Dental colleges Admissrons (Admissions into MBBS and BDS courses) Rures, 2017 amendedrintroduced vide G.o.Ms.No.72 dated o3to 2o23, issued by Respondent No. 1_, through which the reservations as contemplated in the unamended clauses of Rure 3 (1i ) (d), (e) are restricted in cofiages estabrished prior to 2nd June,2014 and atso the newly introduced Clause Rule 3 (ll) (h) through which 100 percent seats under competent Authority euota in the cofleges

¶1361

¶1362

established after 2nd June,^{2014are allocatedto local studentsof Telangana} state as illegal, Arbitrary,^{irregular. irrational, contrary to the AndhraPradesh} Reorganization Act, 2014^{apart from being violativeof Articles 14 and 21 of the} Constitution of lndia, 1950 and^{consequentially set aside the same,}

¶1363

(b). Declare the admission counseling^{Prospectus/Regulatinnsissued by} ttre Respondent No. 2^{(ForMBBS/BDS Coursesfor the academic yeat 2023-2024} under competent authority^{quota)dated 0610712023, as illegal, arbitrary and the} same liable to be set-^{aside and,}

¶1364

(c).DirecttheRespondent.No.ltorestoretheprovisionsinforcepriorto the issuance of G.o.Ms.No.72^{dated o3lo7l2o23, issued by Respondent.No.l,} ensuring equal opportunity^{and protectionof the laws to the students of Andhra} Pradesh for the academic^{year 2023-2024 of NEST (UG) Courses'}

¶1365

lA NO: 1 OF 2023

¶1366

Petition under Section^{151 CPC praying thatin the circumstancesstated in} the affidavit filed in support^{of the petition,the Highcourt may be pleasedto} suspend the operation^{of the impugned GOMs.No.72 dated o3lo7l2o23issuedby} the Respondent No.^{1, and also theconsequentially issued} prospectus/Regulations published by the Respondent No. 2^{(For MBBS/BDS} courses for the academic^{year2023'2024under 'competent authority quota)} dated 06/07/2023,^{pending disposal of the mainwritPetitionand pass such other} order or orders as this^{Hon'blecourt may deem fit and proper in the circumstance} of the case and consequentially^{conduct the counselingfor the academicyear} 2023-2024 in line with the^{pre-existing provisionsof the TelangaflaMedicaland} Dental colleges. Admissions^{(AdmissionsintoMBBS and BDS Courses) Rules,} 2017, pending disposal of^{the Writ Petition}

¶1367

Counsel for the Petitioner:^{SRISRINIVASA SRIKANTH}

¶1368

Counsel for Respondent^{No. 1: SRIB. S. PRASAD'} THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL,^{HEALTH & FAMILY WELFARE}

¶1369

r00

¶1370

Counsel for Respondent No. 2: SRI A_ PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1371

WP NO: 23734 0F 2023

¶1372

Between:

¶1373

Kum.Bhupathiraju Divya Amrutha, D/o. Bhuoat abour. 1 {i veari, oci^- siiji",ii,'d.. pi;i"hilfr,3,l' [::i.[1^H":fl E;frl"l Season ro'wnship, _e_oraGri -p;re,i,l ehir*ril"rr.i] ui,ii-6liai??ili,iJl.. pradesh-534201 .'NEEi Rori ruo. i iiibo6oSrl'freet nrrlniri, nr-ni:'iob'i;'

¶1374

G.Vinish, S/o. G.V. Narayana, ag"O-iU"rt iA ve"rq Oii.'Sil,i..,t. Ry.. D'No. 1/ 1135/M-10,.Adap'ata streE[-rJJirlio*n and Mandar, sri satva Sai Disrrict, Andhra pradesh : sr sssi NieET n.riru" i z1 ib?iiir5io"'r.rEEyii r lndia Rank. 1165274

¶1375

...PET!T|ONERS

¶1376

AND

¶1377

1' Union of rndia. Reo. by its secretary, Mrnistry of Hearth and Famiry werfare, "' ' "'

¶1378

Nirman Bhavan, N'ew bethi_1 rOoi r1'

¶1379

Z 9t!ol of tndia, Rep. by its. Secretary (HE), Ministry of Education, Office at. .1.09.-C,^{Shasrri Bhawair,r,rew} oeint-i ioo6r. ii iL.

¶1380

Nationat Medicat CommissionltttrtCl, nlp., 6y:iii S""r"trry, Office at. .^{pock-et-14, Sector-8,Dwarka iha;e_'i.} N-J; oLinr_r rOOzz, inOia.^{-- --.}

¶1381

The.State of Telangana. Rep Oyiis eiiniiiui-de"r"trry to covernment. _^{Dr.Bn.Ambedkar.retansaha} Iea^{tth, Medicar andram iry W_Jriri.} state selieia;rl o"piiii"lni, iiy;;;;6;, cor.irnmeni ib:'' Ji'iuirnor^{"-' *'"',} * 5. The Director of Medicat Eorcg,on, i"ritt,-rta".tilr anO fimitv Wetfare ^^{Departmenr, Governmenrorf eri n'g jni,'S'"iiiirrirta} rib i"gil ilyj;i"Ero. 6. Tetangana.Vaidya Vidhana prii"r,5o, o'upJi,illt or H.irtl-^rriit&i?n?Famity wetfare. Reo., by irs commisJo-n-Jioialno HS c;;;;; suffi';"

¶1382

_^{BaTaar, Koti, Hydeiaba'd, TS.}

¶1383

_^{BaTaar, Koti, Hydeiaba'd, TS.} /. !elanqana State Medical Ser,,ices and lnfi-asti_uctui.e Development Corporation (TSMS'DC), nep. nvhs rvr.an"{iii"d,r""tor, 2nd Ftoor, DM and

¶1384

^^{!jS. Qa.lOus, Qa.lOus,SultanBazaar,'Koti, HvOeraOiO.'fS.}

¶1385

^^{!jS. Qa.lOus, Qa.lOus,SultanBazaar,'Koti, HvOeraOiO.'fS.} d. Karo1r Namyana Rao University of H'ealth Sciences (KNRUHS), Rep., by its -^{Registrar, Nizampura,Warano'at.iuf r."r".i " -}

¶1386

9' State of Andhra pradesh, aed uv rrs i'ri*i[at secretary, Hearth, Medicar and Family Wetfare Deoarrment, 5#ut" ;ril V.iiftipro,, Amaravathi, Guntur District, Andhra pradesn

¶1387

Petition under Nticte 226 of rhe Const*ution of rndia ,r"r;ff:[:i',"=l[: circumstances stated in the affidavit fared therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in rhe nature of WRIT OF MANDAMUS to

¶1388

(a). Declare the Rute 3 (,) (d), (e) and (h) of the Tetangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduced vide G-o-Ms.N o-72 dated o3.or.2023, issued by Respondent No.4., through which the reservations as contemplated in the unamended Clauses of Rule 3 ( 1 I ) (d), (e) are restricted in collages established

¶1389

t0t

¶1390

prior to 2nd June, 2014 and also the newly introdtrced Clause^{Rule 3 (ll) (b)} through which 100^percentage seats^{underCompetentAuthority Quota in the} colleges established after 2nd June,^{2O14 are allocated to l:cal students of} Telangana State as illegal, Arbitrary,^{irregular, irrational, contraryto the Andhra} Pradesh Reorganization Act, 2014 apart^{from being violativeof Articles14 atrt21} of the Constitution of lndia, 1950, and^{consequentially set aside the same'}

¶1391

(b). Declare consequent impugned the admissioh^counseling Prospectus/Regulations issued^{by the Respondent No. I (For MBBS/BDS Courses} for the academic year 2023-2024^{under Competentauthority quota) dated} 06.07.2023, as illegal, arbitrary^{and the same liable to be set-asideand,}

¶1392

(c). Direct the Respondent.No.4 to^{restorethe provisions in force priorto} the lssuance of GOMs.No.72^{dated 03.07.2023, issuedby Respondent.No.4,} ensuring equal opportunity and^{protectionof the laws to the students of Andhra} Pradesh for the academic^{year 2O23-2O2aof NEET(UG) Courses.}

¶1393

lA NO: 1 OF 2023

¶1394

Petition under Section^{151 CPC praying that in the circumstancesstatedin} the affidavit filed in support of the^{petition,the High court may be pleasedto direct} respondents, to conduct the^{counselingfor the Academic'Year2023-2024(Fo(} MBBS/BDS Courses), in-respect^{of petitioners along with others,in line with the} pre-existing provisions of the Telangana Medical^{and DentalcollegesAdmissions} (Admissions into MBBS and BDS Courses)^{Rules,2O1 7, by suspendingthe} operation of the impugned^{G.O.Ms. No.72 datedO3.O7.2O23 issued by the} Respondent No. 4, and also^{consequentially issued Prospectus/ Regulalions} published by the Respondent No. 8^{(For MBBS/BDSCourses), for the academic} year 2O23-2024 under^'Competent authority^{quota, dated.06.07.2023'pending} disposal of the main Writ^{Petition, in the interestof justice}

¶1395

Counsel for the Petitioners: SRI^{PALLE NAGESWARRAO}

¶1396

Counsel for Respondent Nos,^{1 & 2: SRIGADI PRAVEEN KUMAR} (Dy. SOLIcITOR GENERAL OF INOIA)

¶1397

t0l

¶1398

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1399

, Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD,

¶1400

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1401

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISfIAD

¶1402

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1403

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR NARAYANA UNTVERSITY OF HEALTH SCIEI.ICES '(ALOJI

¶1404

Counsel for Respondent Nb.9: SRI p. GOVIND REDDY,

¶1405

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1406

WP NO:23 7720F2A23

¶1407

Between:

¶1408

Thoppana sai Yashwanth.,.s/o.Thoppana Khader Babu, Aged about 19 vears 002. 9g;.studenr, Rott No..t2051 "yo.zt211-Up,*co-i"r"i,v,'C,iolipir,,'n"tnir"eiJo;d_"6i?i10267

AND

...PETIIONER

1. The Union of lndia. Rep.by its S_ecLefary, Ministry of Health and Family

¶1413

^^{$retfg.rq, Nirman Bhawin,'ruew oeilii'_ iio'di;'',} ' 2. The Union of lndia. nep.tiy its Seiieir.y 1iEi,'r.,rin,.rry of Education. 109_C, ^^{ShastriBhawan, New Del6i- 1io-ooi '}

¶1414

] $8""^{Hiu L3"Jil}::f WtbJi#: ? i Bro'i"r..c reta ry,^pocker - 1 4, 4. I he State of Telanoana, Rep.by its pnncrpai Secretary, Health, Medical and

¶1415

_^{FamityWelfare Defartment,} Seicretanai. Fio",J"o. 5. The Direcrorof Meiicat EJr.i"jtton, H;tin,'r,rrElii#ri"a Famity wetfare Department. covemmenr of^Tei;f,b;;9;'S'.iiEiri[t Buitdings, Tetanoana.

¶1416

1. Terangana vaidya vidhana pariin;J, o'"iirr.L,ii .r Hearth. Medciar.and Famity Wetfare. Reo.by rtscommissbnJibiii;ft HS Campus, Suttan

¶1417

_^{Ba4aar, Koti, Hydeiabid}

¶1418

/r. lelangana State Medical Services and lnfrastructure Development Corporation ffSMStDC), Ree-by il.". Mg;r'g;"i;bliE"tor., 2nd Ftoor, DM and

¶1419

^^{Iq qaTpus, suttan Bazaar, Koii. Hvderadaa" --}

¶1420

u. tlarott Naravana Rao university of H'ealth Sciences (KNRUHS), Rep.by its ^^{Registrar,Nizampura, waranqLt.iela;;;;;'""*"} 9. State of Andhra praoestr, Red.by iti F,iilii,? Secretary, Heatth, Medicat and Famity Wetfare Department,-5etr;ft ;i'VEt.js;"r;d., Amaravati.

¶1421

Petition under Articte 226 of the Consriturion of tndia ,r"ri,intii3i?"ttl3 ci!'cumstances stated in the affidavit fired therewith. the High court may be

¶1422

103

¶1423

pleased to issue a writ, order, or direction^{more particularlyone in the nature of} WRIT OF MANDAI/US to

¶1424

(a). Declare the Rule 3 (ll) (d),^(e) and^(h) of^{the Telangana Medical and} Dental Colleges Admissions^{(Admissionsinto MBBSand BDS Courses)Rules,} 2017 amended/introduced vide^{G.O.Ms.No.72 dated 03.07.2023,issuedby} Respondent No.4., through which the^{reservationsas contemplated in the} unamended clauses of Rule^{3 (ll) (d), (e) are restrictedin collagesestablished} prior to 2nd June, 2O14 and also the newly^{introduced Clause Rule 3 (ll) (h)} through which 100^percent seats^{underCompetentAuthority Quotain the} colleges established after 2nd^{June. 201 4 are allocatedto local students of} Telangana State as illegal, Arbitrary,^{irregular, irrational, contraryto the Andhra} Pradesh Reorganization Act,^{2014 apart from being violativeof A(icles 14 and} 21 of the Constitution of lndia,^{1950. and consequentiallyset aside the same,}

¶1425

(b). Declare the consequent impugned^{admissioncounselling} Prospectus/Regulations issued by the^{Respondent No. 8 (For MBBS/BDS} Courses for the academic^{year 2023-2024 under Competent authority quota)} dated 06.07.2023, as illegal, arbitrary^{and the same liable to be set-asideand,}

¶1426

(c). Diiect the Respondent.No.4 to^{restorethe provisionsin force priorto} the issuance of G.O.Ms.No^{.72 dated O3.O7-2023,issued by Respondent'No-4,} ensuring equal opportunity^{and protectionof the laws to the students of Andhra} Pradesh for the academic^{yeat 2O23-2024of NEET(UG) Courses,}

¶1427

lA NO: 1 OF 2023

¶1428

Petition under Section^{151 CPC prayingthat in the circumstances stated} in the affidavit filed in support^{of the petition,the High court maybe pleased to} suspend the operation of the^{impugned GOMs.No-72dated 03.07.2023issued by} the Respondent No. 4, and also^{theconsequentially issued} Prospectus/Regulations^{pub{ished by the Respondent No. 8 (ForMBBS/BDS} courses for the academic^{year 2023-2024 under competent authority quota)} dated 06.07.2023,^{pending disposalof the main writ Petition and passsuch} other order or orders as this^{Honorablecourtmaydeem fit and proper in the} circumstance of the case^{and consequential{yconduct the counsellingfor the} academic year 2023-2024 in^{line with the pre-existing provisionsof the}

¶1429

t04

¶1430

Telangana Medicar and Dentar cofieges Admissions (Admissions into trirBBS and BDS Courses) Rules, 2017, pending disposal of the main Writ petition Counsel for the^petitioner: SRI VENKATESWARLU SANISETTY

¶1431

Counsel for Respondent Nos. 1 & 2: SRI GAD| PRAVEEN KUMAR

¶1432

(Dy. SoLtctTOR GENERAL OF tNDtA)

¶1433

Counsel for Respondent No.3: Ms. GORANTLA SRI RANGA PUJITHA

¶1434

Counsel for Respondent Nos.4 & S: SRI B. S. PRASAD,

¶1435

THE ADVOCATE GENERAL FOR

¶1436

SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1437

Counsei for Responcient No. 6: SRI S. VaJAyA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶1438

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1439

Counsel for Respondent No_ 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1440

Counsel for Respondent No. 9: SRI p. GOVIND REDDY,

¶1441

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1442

WP NO:2377 40F 2023

¶1443

Between:

¶1444

Pasupuleti Varshitha, D/o.Ramesh, Aged about 19 years, Occ Student, N o. 42- 1 -1 9t h 7. Thurouka mr,n"pii", I ki riJ."Jion"ta, ongote, Prakasam District - 523 001 RoilNb.1222010790

¶1445

AND ...PETITIONER

¶1446

¶1447

1 . The Union of lndia. Rep.by its Sg"L"t"ry, Ministry of Health and Famity

¶1448

^{wetfare, Nirman Bhawbn, New oeirri: iio} dii-, '

¶1449

The Union of lndia. nep.tiy its sEiieir.vii_rEi,'n,oini.rry of Education, 109_C, ^{ShastriBhawan, New} Del6i 1iO 001^'

¶1450

National Medical Commission(NM_C), Rep. by its Secretary, pocket - 14, -^{Sector-8,Dwaraka phase_I, ttE*} oZir,i'_-ii6'o#"

¶1451

The State of Tetangana, nep.b, iG prihcipi'i Secreta.y, Heatth, Medical and _^{FamityWetfare Deiartment,} sdcr.tariii]fi vi".Jio.

¶1452

The Director of Mebicat EJJEa";,'H;;tir,,,ilEolir ,"0 Famity Wetfare Department. covemmenr "ir.ti"iyr"g,'5'"iiEiii'rr Buitdings, Tetanqana.

¶1453

Telangana Va idya Vid hana parisnio, o'epa rt,illiior H"iiir,l il;J;;;i;;; Famity Werare,hep.by its commiiJirn;Ibi;';; Hs Crm'pr.", durii," Bazaar, Koti, HvdeiabaA.

¶1454

Telangana Steta Medical Services and lnfrastructure Development Corp_oration (TSMS|DC), Rep.by its Maniilrg Dii""tor. 2nd Ftoor. DM and HS Campus, Suttan Ba2aar.'t<oii. ArJ"riri"j -^"

¶1455

Kaloii Narayana Rao University of H'ealth Sciences (KNRUHS), Rep.by its Registrar, Nizampura, Warang'al, fetangana.^----

¶1456

105

¶1457

State of Andhra Pradesh,^{Rep.byits Principal Secretary, Health, Medical and} Family Welfare Department, Sedretariat,^{Velagapudi, O.urr,1,.i.*=r"oNoENTs}

¶1458

Petition under Article 226^{of the Constitutionof lndiapraying that in the} circumstances stated^. in the affidavit filed^{therewith,the High Court may be} pleased to issue a writ, order, or direction^{more particularlyone in the natureof} WRIT OF MANDAMUS'to

¶1459

(a), Declare the Rule 3^{(ll) (d), (e) and (h) of the TelanganaMedicaland} Dental colleges Admissions^{(Admissions into MBBS andBDS Courses)Rules,} 2017 amended/introduced vide^{G.O.lVls.No-72daled 03.O7.2023,issuedby} Respondent No. 4., through^{which the reservationsas contemplatedin the} unamended clauses of Rule 3^{(ll) (d), (e) are restrictedin collagesestablished} prior to 2nd June, 2014 and also the^{newlyintroducedClause Rule 3 (ll) (h)} through which 100% seats^{under 'competent Authority Quota'in the colleges} established after 2nd June,^{2014 are allocated to local studentsof Telangana} State as illegal, Arbitrary, irregular,^{irrational, contrary to the Andhra Pradesh} Reorganization Act, 2014 apart^{from being violativeof Articles 14 and 21 of the} Constitution of lndia, 1950. and^{consequentially set aside the same'}

¶1460

(b). Declare the consequent^{impugned admission counselling} Prospectus/Regulations issued^{by the Respondent No. 8 (For MBBS/BDS Courses} for the academic^year 2023-2024^{under competent authorityquota)dated} 06.07.2023, as illegal, arbitrary^{and the same liable to be set-asideand,}

¶1461

(c). Direct the Respondent.No.4 to^{restorethe provisionsin force prior to} the issuance of G.O.Ms.No.72^{daledO3-O7.2023, issuedby Respondent.No'4,} ensuring equal opportunity and^{protectionof the laws to th€ students of Andhra} Pradesh for the academic^{year 2o23-2024 of NEET(UG) Courses,}

¶1462

lA NO: 1 OF m23

¶1463

Petition under Section¹ 51^{CPCpraying that inthe circumstances statedin} the affidavit filed in support^{of the petition, the High courtmay be pleased to} suspend lhe operation of the^{impugned GoMs.No.72 dated 03.07.2023 issued by} the Respondent No. 4, and^{also theconsequentiallyissued} Prospectus/Regulations^{publishedby the Respondent No. 8 (For MEBS/BDS} courses for the academic^{year2023-2024under 'competentauthorityquota')} dated 06.07.2023,^pending disposal^{of the mainwritPetitionand pass such other} order or orders as this Hon'ble^{court maydeem fit and proper in the circumstance}

¶1464

I06

¶1465

of the case and consequentiafiy conduct the counsefiing for the academic year 2023 2024 in line with the pre-existing provisions of the Terangana Medicar and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2O17, pending disposal of the main Writ petition

¶1466

Counsel for the Petitioner: SRI VENKATESWARLU SANISETTY

¶1467

Counsel for Respondent Nos. 1 & 2: SRI GAD| PRAVEEN KUMAR

¶1468

(Dy. SoLtclToR GENERAL OF tNDtA)

¶1469

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1470

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD,

¶1471

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1472

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANdANA VAIDYA VIOHANA PARISHAD

¶1473

Counsel for Respondent No. 7: SRI C. AppAtAH SARMA

¶1474

Counsel for Respondent No. B: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1475

Counsel for Respondent No. 9: SRI p. GOVIND REODY,

¶1476

SPL. SC FOR STATE OF ANDHRA PRAOESH

¶1477

WP NO:2^aa,q rlc 2nr2

¶1478

Between:

¶1479

Nelaturi Vvshnavi. D/o. Nelaturi Sanjeeva Reddy, Aged about 1g years, Occ. Student, Rto. 12-22t, ruain noiO,'Fo'urifriit'd,'d;irpa, Andhra pradesh State - 516193

¶1480

AND

¶1481

.PETITIONER

¶1482

The State of Telanoana. Represented by its principal Secretary Medical and 2. Ka Health. Famitv werf-are loji Nara yd na Rao U Depa'rtment niv'ersity bi rte;tth'S;;.e*; Jt"ibngunu, secihiriii iiJiio'ins', Frvo"r"bad Rep. by 5oo ls05s Vice Ctrancelor Nizampura, WarangaI teL;iq;"ii0i6o z

¶1483

^arolr^{Narayana Raouniversity.oJHealth sci6nces Telangana,Rep. by} its Reg istrar Niza m p ura, wa ra n 96 t, teta ngi;;^-6060b?'" -

¶1484

Petition under Articte 226 of the Constitution of tndia ,.rri,ffii3lt',,fll: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ. order, or direction more particurarry one in the nature of WRIT OF A/ANDAMUS to

¶1485

t07

¶1486

(a) Declare the Rule 3 (ll) (d), (e) and^(h) of the Telangana Medical^and Dental Colleges Admissions (Admissions into MBBS and^BDS Courses)^Rules, 2017 amended/introduced vide G.O.Ms.No.72^{datedO3.O7.2023,issued by} Respondent No. 1., through which the^reservations as^{contemplated in the} unamended Clauses of Rule 3^{(ll) (d), (e) are restrictedin collagesestablished} prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll)^(h) through which 100% seats under^{'Competent Authority Quota'in the colleges} established after 2nd June, 2O14 are^{allocated to local students of Telangana} State as illegal, Arbitrary, irregular, irrational,^{contraryto the AndhraPradesh} Reorganization Act, 2014 apart from being^{violativeof Articles 14 and 21 of the} Constitution of lndia,^'1950 and consequentially^{set aside the sarne}

¶1487

b) Declare the admission counseling^{Prospectus/Regulationsissued by the} Respondents No. 2 and 3^(For MBBS/BDS^{Courses for the academic year 2023-} 2024 under Competent authority^{quota) dated 06.O7.2023, as illegal, arbitraryand} the same liable to be set-aside and.

¶1488

(c) Direct the Respondent.No.l to restore the^{provisions in force prior to the} issuance of G.O.Ms.No .72 dated^{O3.O7.2023,issued by Respondent.M.l,} ensuring equal opportunity and^{protectionof the laws to the students of Andhra} Pradesh for the academic^year 2O23-2024^{of NEET (UG) Courses}

¶1489

lA NO:^'t OF 2023

¶1490

Petition under Section 151 CPC^{praying that in the circumstances statedin} the affidavit filed in support of^{the petition, the High Court may be pleasedto} suspend the operation of the impugned^{GOMs.No.72 dated 03.07.2023 issued by} the Respondent No. 1, and also^{theconsequentially issued} Prospectus/Regulations^published by^{the Respondent University (For MBBS/BDS} Courses for the academic^{year2023-2024 under'Competentauthority quota)} dated 06.O7.2023,^pending disposal^{of the main WritPetitionand pass such other} order or orders as this Hon'ble court^{may deem fit and proper in the circumstance} of the case and conseqtrentially^{conduct the counselingfor the academic year} 2023-2024 in line with the^{pre-existingprovisions of the TelanganaMedicaland} Dental Colleges. Admissions^{(AdmissionsintoMBBSand BDS Courses)Rules,} 2O17,^pending disposal of the main^{Writ Petition} Counsel for the Petitioner: SMT.^{S. MADHAVI}

¶1491

r08

¶1492

Counsel for Respondent No. 1: SRI B. S. PRASAD,

¶1493

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1494

Counsel for RespoRdent Nos. 2 & 3: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITYOF HEALTH SCIENCES

¶1495

WP NO: 23840 0F 2023

¶1496

Between:

¶1497

1 Kum.Gundiga Joseph Sahitha, -D/o.^{Gundig-aJojappa,Aged about. 1g years,}

¶1498

Occ..Student, R/o. H.No. 13-2311, nasut^{"Ceta,'56tibn"noaO.} pnirano'luraii Mandal, Guntur Disrrict, Andhra praaesh-szxib. ruEEf norr r.rb.'iiblb'dofri; NEET All lndia Rank. 117402

¶1499

2 Kum.Adigoppula Bhavyanjati,, D]9. 49lgopputq ehina Vetangini Raju, Ased about. 18 years, Occ. Stuirent,f,yo H-N"o. 5_lSo/B,"Lourdtru iragai,'Fhira"nqi Puram, Gunrur Disrrict, Andhra pradesh - szzsig N'eEr aorfr.ro.izoioobls'ri NEET Ail tndia Rank. i18657

¶1500

3 Kum.Pasala Bala Velanqini Tejaswini,, D/o. pasala Chinnaiah. Aoed about lp^{vears, occ} _Studenr,^{-nro riat ruo.zbr-,Flrravi} %rr"v,'zii.il;;Y"n"Aft;: Nagar Gunrur District, Andhra pradesh - bzzooo r.reef h"ri-r.r"l'i"roi6'zoai5 NEET All lndia Rank.^.123845

¶1501

4 Kum.Maddu Sushma Sr.uthi,, D/o.. Maddu. Gangadhar, Aged about_ 1g years, Occ. Student, Rl/o. H.No. 4-4111, Reddlk; StE;i;-k.rrsavada. Srikakutam District,Andhra^pradesh - 532214 NEET nott r.io.lzoi-o+oro+ rrreer Ari inJia Rank. 87464

¶1502

5 Kum.Nalant Poorvaia.. D/o. Nalam Satyanarayana, Aged about. 1g years, oc. SIudenr, R/o. b-2, Subha Enchvd, $ei6il,i il;ta, nai.noo (rsii, visakharlarnam, Andhra pradesn - siooi'o r.rdefiibiifu. 1206080070 NEET All lndia Rank. 67860

¶1503

AND

¶1504

,..PET!T!ONFRS

¶1505

Union of lndia. Reo. bv its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New belhi-1 1001 1 .

¶1506

Union of lndia,, Rep. by its Secretary (HE), Ministry of Education, Office at l.o!-C,^{Sfrgsln Bhawari,r.rew oenri-irobdi,'fidi"'.'-' .-}

¶1507

National Medical Commission_(NMc),, Rep., by its Secretary, Office at 4. ,',lu^,:.(rl9 ?::["]: 1 1,^{or Secto tetangana,, r-8,Dwa} Bgp,^{rka ihase} 9-V^{itsprincipal ji, rueii'o6r,i ir Secretary to Govemment,o6 iz,li.,o} ir. Healtn. Mecltcal and Familv Welfare^Department, Goveinment of fehngLna, DrBR.AmbedkarTetansa'nastatos-eclei#5i'ilio-uiiii"o,rs.

¶1508

5 The D i rector o{ Medicat Eo u"aton,, |-l,eattil l,ledi&j inJ rrmity w.ttr." 6 Depa(menr, Governmenr of Tetangant $cdti;ai Euiiotngs, iyaeriuao. Telangana.Vardya Vidhana panstr5o,, iie-partri"iILr illrrtfi , r.leircafanJramly wefiare, Rep., by its Commissioner, DM and HS Campus, Sultan Bazaa(, Koti, Hyderabad. TS.

¶1509

7 Telangana State Medical Services and lnfrastructure Development Corp_oration (TS^/SIDC),, Rep_. by its Minaarng tii;t6i zno Ftoor, DM and l-lS.^{Ca.1Ous,SuttanBaiaar, koti, t-tyOeraOat',} i5.^--'-"

¶1510

8 s:l^9l.EqylT^{Rao Universiryof H-eatrh Sciences(KNRUHS),Rep., by} ils xegrstrar. Ntzampura, Warangal, Telangana.

¶1511

I State- of Andhra Pradesh,, Re-p by its piincipal Secretary, Heatth, Medicat and Family Welfare Department, Secr6tariat, Veiagapudi, Ariaravathi, Guntur District. Andhra Pradesh

¶1512

r09

¶1513

...RESPONDENTS

¶1514

Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in^{the affidavitfiledtherewith,. the High Court may be} pleased to issue a writ, order, or direction^{more particularlyone in the natureof} WRIT OF MANDAMUS to

¶1515

(a).Declare the Rule 3 (ll)^{(d), (e) and (h) of the Telangana Medical and} Dental colleges Admissions^{(Admissionsinto MBBS AND BDS Courses) Rules,} 2017 amended/introduced^{vide G.O.Ms.No.72 dated O3-O7.2023,issuedby} Respondent No. 4.through^{which the reservations as contemplatedin the} unamended clauses of^{Rule 3 (11} )^{(d), (e) are restrictedin collages established} prior to 2nd June, 2014 and also the^{newly introduced clause Rule 3 (ll) (b)} through which 100%^{seats under 'competent Authority Quota'in the colleges} established after 2nd June,^{2014are allocated to localstudentsof Telangana} Stag. as illegal, Arbitrary,^{irregular, irrational, contrary to the AndhraPradesh} Reorganization Acl, 2014^{apartfrom being violativeof Articles 14 and 21 of the} Constitution of lndia,¹ 950,^{and consequentially set asidethe same}

¶1516

(b).Declare consequent impugned the^{admissioncounseling} Prospectus/Regulations issued^{by the Respondent No. 8 (For MBBS/BDS Courses} for the academic^year 2o23-2024^{under competent authority quota)dated} 06.07.2023, as illegal, arbitrary^{and the same liable to be set-asideand}

¶1517

(c).Direct the Respondent.No.4 to^{restorethe provtsions in forcepriorto the} lssuance of GoMs.No.72^{dated03.o7.2023, issuedby Respondent.No.4, ensuring} equal opportunity and^{protection of the laws to the students of Andhra Pradesh for} the academic^year 2023-2O24^{of NEET(UG) Courses.}

¶1518

lA NO: t OF 2023

¶1519

Petition under Section^{1 51 CPCpraying that inthe circumstances statedin} the affidavit filed in support^{of the petition,the High courtmay be pleasedto direct} respondents, to conduct^{the counselingfor the AcademicYear 2C23-2O24 (For} MBBS/BDSCourses),in-respectofpetitionersakrngwithothers,inline.withthe pre-existing provisions of^{the Telangana Medical &Dental CollegesAdmissions} (Admissions into MBBS &^{BDS Courses) Rutes'2017 , by suspending the} operation of^the impugned^{G.O.Ms. No-72 dated 03 07 2023 issued by the} Respondent No. 4, and also consequentially^{issuedProspectus/Regulations} published, by the Respondent^{No 8 (For MBBS/BDS Courses)'for the academic}

¶1520

il0

¶1521

year 2023-2024 under 'competent authority quota, dated. 06.07.2023, pending disposal of the main Writ petition, in the interest of justice

¶1522

Counsel for the petitioners: SRI PALLE NAGESWAR RAO

¶1523

Counsel for Respondent Nos. 1 & 2: SRI cADl PRAVEEN KUMAR (Dy. SoLtctToR GENERAL OF tNtxA)

¶1524

counsel for Respondent No. 3: Ms. GoRANTLA sRr RANGA puJrrHA

¶1525

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD, THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1526

Counsei for Responclent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶1527

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1528

Counsel for Respondent No. g: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITYOF HEALTH SCIENCES

¶1529

Counsel for Respondent No. 9: SRI p. GOVIND REDDY,

¶1530

SPL. SC FOR STATE OF ANOHRA PRAOESH

WP NO: 2385 oF 2023

Between:

AND

Pedireddy Varshini Lakshmi .Vudheepya Sri, D/o pedireddy, Nagendra Rao. Aged. 19 yrs, Occ stuoent, niol- il.r.rii6il"b""tn, Vari Srreer. Payakaraopera post. Visakhapatnam _ srt tzo, nnoira #;l[:h ::r;_"r;

¶1535

1 2. ,ffi tr,$i#j:

¶1536

ffi;ri#t$:rlffiTjffi a[fg;ift

¶1537

perition under Atlicte 226 of the Consr,ution of tndia ,.riffil3i",fll: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring

¶1538

(a) the Rute 3 (il) (d), (e) and (h) of the Telangana Medical and Dentat colreges Admissions (Admissions into rvrBBS and BOS Courses) Rures, 2017 amended / introduced vide G.O.Ms.N o.t2 dated, 03.OZ.2OZ3, issued by Respondent No.1., through rryhich the reservations as contemplated in the

¶1539

¶1540

unamended clauses of Rule^{3 (ll) (d), (e) are restric{edin collegesestablished} prior to 2nd June, 2014 and also the newly^{introducedClause Rule 3 (ll) (h)} through which 100% seats under^{'competent Authority Quota'in the colleges} established after 2nd June,^{2014 are allocated to localstudentsof Telangana} State as illegal, Arbitrary, irregular,^{irrational, contraryto the AndhraPradesh} Reorganization Act, 2014 apart^{from being violative of ArticlesI.4 and 21 of the} Constitution of lndia, 1950 and^{consquentiallyset asidethe same}

¶1541

(b) Declare the admission counseling^{Prospectus / Regulations issued by} the Respondent No. 2^{(ForMBBS / BDS Coursesfor the academic yea( 2023-} 2024 under Competent authority^{quota) dated 06.07.2023,as illegal, arbitraryand} the same is liable to be set aside^and

¶1542

(c) Direct the Respondent.No.l^{to restorethe provisions in force prior to the} issuance of G.O.Ms.No .72^{datedO3.O7 -2023, issued by Respondent'No"l,} ensuring equal opportunity^{and protectionof the lawsto the studentsof Andhra} Pradesh for the academic^{year2O23- 2024 of NEET (UG) Courses}

¶1543

A NO: 1 OF 2023

¶1544

Petition under Section^{151 CPC praying that in the circumstances statedin} the affidavit filed in support^{of the petition, the High court maybe pleasedto} suspend the operation of^{the impugned Go Ms. No.72, dated 03.07.2023 issued} by the Respondent No.^{1, and also the consequentiallyissuedProspectus/} Regulations^{published by the Respondent No.2 (For MBBS / BDS Coursesfor the} academic year 2023-2024^{under'competentauthorityquota" dated 06.07.2023,} pending disposal of the main writ Petition^{and pass suchother orderor ordersas} this Hon,ble court may deem^{fit and properin the circumstance of the case and} consequentially conduct^{the counselingfor the academh yeat 2023-2024 in line} with the pre-existing^{provisionsof the Telangana Medicaland Dental colleges} Admissions (Admissions into^{MBBS and BDS Courses) Rules,2O17, pending} disposal of the main^{Writ Petition}

¶1545

Counsel for the Petitioner:^{SRI SK FAKRUDDINALI}

¶1546

counserror Respondenr^{No. 1:} ?[Lr;31,3$?i?=n.o. ro SRI N. PRAVEEN^KUMAR' GP FOR MEDICAL,^{HEALTH& FAMILY WELFARE}

¶1547

Counsel for^{Respondent No. 2: SRIA' PRABHAKAR RAO'}

¶1548

¶1549

SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1550

WP NO: 23A94 oF 2023

¶1551

Between:

¶1552

Appireddy Na^vya Sri, ?/o Appireddy Mallikarjuna Reddy, Aged about j9 ^^{l?.ffi ;,?,?_r""i35i',u,#3;,!,#:i!1;2i;!Eia"Trxl,MiliH;;;"H";L} z' Jrngrreodv Recrdv Manvitha. D/o Sirigireddy Maflikarjuna Reddy, Aged about ]p^{years, Occ. Siudent.fi/-o. H.tto.} +iib-elbeglvanoraparli, Tokkutu, Sidhour

¶1553

^^{Mandal, Kapada,Rp_SiOooZ.} J. tharapureddi Chandini,, D/o. Tharapureddi Satyanarayana, Aged about 1g years, Occ. Student, .^{R:/o. Vompotti Viitige,-N;r} Post, M unasapaka t,triib r]fr rilp"}ri]'V,.nrxup"tna m Disr, o. _ ur1%d,rlli ". ...PET(TTONERS

¶1554

AND

¶1555

State of Telanoana Rgp- OV its pnncipal Secretary, Department of Health and .^{y.qs:er a nd F6mi ry wek" ;d, a;;;i;',ili"ni,i'""Euro.}

¶1556

z. ^t\K untverstty Health Sciences, waranga[ Rep. by its Registrar

¶1557

fuition under Articte 226 of the Constitution of lndia ,rrri*-1"##?lH: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more pa!'ticurarry one in the nature of WRIT OF MANDAMUS to

¶1558

(a) Decrare the Rure 3 (r) (d), (e) and (h) of the Terangana Medicar and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduced vide G.o.Ms.No.72 dated o3to7t2023, issued by Respondent No. 1 .. through which the reservations as contemplated in the unamended crauses of Rure 3 (11) (d), (e) are restricted in corages estabrished prior to 2nd June. 2014 and also the newly introduced Clause Rule 3 (l 1) (h) through which 100% seats under competenr Authority Quota in the corleges estabrished after 2nd June, 2014 are arocated to locar students of rerangana state as ifiegar, Arbitrary, irregurar, irrationar, contrary to the Andhra pradesh Reorganization Act, 2014 apart from being viorative of Articles 14 and 21 of the Constitution of India. 1950 and consequentially set aside the same,

¶1559

b) Declare the admission counseling prospectus Regulations issued by the Respondent No 2 (For MBBS/BDS courses for the academ ic year 2023-2024 under competent authority quota) dated o6to7t2023, as iflegar, arbitrary and the same liable to be set- aside and,

¶1560

(c) Direct the Respondent.No.l to restore the provisions in force prior to the issuance ol, G.O.tMs.No .t2 dated O3lO7t2O23. issued by Respondent.No.l ,

¶1561

ili

¶1562

ensuring equal opportunity and^protection of the^{lawsto the students of Andhra} Pradesh for the academic year 2023-2O24 of NEET^(UG) Courses

¶1563

A NO: 1 OF 2023

¶1564

Petition under Section 151 CPC^{praying that in the circumstances statedin} the affrdavit filed in support of the^{petition,the High Court may be pleasedto} suspend the operation of the^{impugned GOMs.No.72datedO3lO7l2O23issued by} the Respondent No. 1, and also the^{consequentiallyissued} Prospectus/Regulations^published by^{the Respondent No.2(ForMBBS/BDS} Courses for the academic^year 2023-2024^{under Competent authority quota)} dated 06lo7l2o23,^pending disposal^{of the mainwrit Petition and pass such other} order or orders as this Honourable^{Courtmay deem fit and proper in the} circumstance of the case and consequentially^{conductthe counseling for the} academic year 2023-2024^{in line with the pre-existing provisions of the Telangana} Medical and Dental Colleges.^{Admissions (Admissionsinto MBBS and BDS} Courses) Rules, 2017,^{pending disposal of the main Writ Petition} Counsel for the Petitioner:^{SRISRINIVASA RAO PACHWA}

¶1565

Counsel for Respondent No.^{1: SRI B. S. PRASAD'}

¶1566

THE ADVQCATE GENERAL^FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY^WELFARE

¶1567

Counsel for Respondent^{No. 2: SRI A. PRABHAKAR RAO'} SC FOR KALOJI NARAYANA^{UNIVERSITY OF HEALTHSCIENCES}

¶1568

WP NO: 23908 OF 2023

¶1569

Between:

¶1570

1 . Nalla Chennareddygari Laxmi^{Niharika, D/o. Madhusudhan Reddy,- Aged} about 19 years, O&. Student,^{Rl/o-H.No.8-45-24K,AmeenAbbas Nagar,} Kumool, Ahdhra Pradesh State^-518003

¶1571

z. Sniil Ahva Maheen, D/o.^{Mohd. Sultan, Aged about 20 years, Occ'glqd.ent'} fVo. H.tt<i.+ I -M141 , Kotahapet,^{Kurnool,Andhra Pradesh State -5180o4}

¶1572

S. fLmireOAV Meghana^{il"O!V,,'D/9.-J-anlrrdhalReddv,Aged.aboulf.gyga.F'} - cjiC. Sirci.nt, FVo. H.No.B7-i399-27, Sanathnagar Nagar, Near loN Digital zone, Kurnool,^{Andhra Pradesh State518002.} .

¶1573

+. s. Geeihit i rieooy,,^{bio.-eamatingeswar.Reddy,Aged about.17 years, occ.} ' Stro."i, ny". n.r.rij"aTiiao+-9-D-N-i48, Dhanalaxmi Nagar, Kumool, Andhra Pradesh State^-518O02

¶1574

5 b;;;Fffiti;,-oto.-v6nutuswartu,^{Aged about_18 vears.occ.sludent,Rl/o.} H.No-4-92. OinneOerl'ra;a-a-u,^{xuihooj,AnorrraPrad'eshstate -518002__} ...PETITIONERS

¶1575

AND

¶1576

ll4

¶1577

1' The state o{ Teranoana, Represented by its principar Secretary Medicar and _^{HeatthFamitywelfi re} D.p;?;;;i'5;iltrili iirtio ins, iF;'i6;-dilo 0;; 2. Kaloji Naraydna Rao univ6rsiiv oi ie-irti'6"iln""". Teranoana. Ren ! \vP' u, hv,srrJ -^{Vice Chancelor Nizampura,Warrnsii ieta;;;;;io6ijiry"r'u'} 3. Katoji Narayana Rao Uhivelsityo] ti"ith s.iE"ces Terangana, Rep. by its Registrar, Nizampura, warangLr,ieranti'"iEobboz

¶1578

Petition under Arlicre 226 of the constitution of rndia ,."iff:m'',fil: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of WRIT OF MANDAMUS to

¶1579

(a). Declare the Rule 3 (il) (d), (e) and (h) of the Tetangana Medical and Dental colleges Admissions (Admissions into tvrBBS and BDS courses) Rures, 2017 amended/introduced vide G.o.ivis.ri o.72 (iared o3fi7 r2o23,by Respondent No. 1 through which the reservations as .contemplated in the unamended clauses of Rule 3 (11) (d), (e) are restricted in coltages established prior to 2nd June, 2014 and also the newry introduced crause Rure 3 ([) (h) rhrough which 1000/o seats under competent Authority euota' in the colleges established after 2nd June, 2o11 are allocated to rocar students of rerangana state as i*egar, Arbitrary, irregular' irrationar, contrary to the Andhra pradesh Reorganization Act, 2014 apa( from being viorative of Articres 14 and 21 of the constitution of rndia, 1950 and consequentially set aside the same

¶1580

(b) Declare the admission counsering prospectus/Regurations issued by the Respondents No. 2 and 3 (For MBBS/BDS courses for the acadern ic year 20232024 under competent authority quota) dated o6to7 12023, as iflegar, arbitrary and the same liable to be set- aside and

¶1581

(c) Dlrect the R€spondent.No.l ro restore the provisions in force prior to the Lssuance of G.O.Ms.No.l2 dated O3tO7l2O23, issued by Respondent.No.l ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academ ic year 2023_2024 of NEET (UG) Courses

¶1582

lA NO: 1 OF 2023

¶1583

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petrtion, the High court may be preased preased to suspend the operation of the impugned GoMs_No.72 dated 03.07_2023 issued by the Respondent No.^.l , and also the consequentaally issued

¶1584

t t5

¶1585

Prospectus/Regulations^{publishedby the Respondent university(For MBBS/BDS} courses for the academic^{year2023-2024 under 'competent authority quota)} dated 06.07.2023,^pending disposal^{of the mainwrit Petitionand pass such other} order or orders as this^{Hon'bleCourt maydeem fit and proper in the circumstance} of the case and consequentially^{conductthe counselingfor tte academicyear} 2023-2024 in line with^{the pre-existing provisionsof the TelanganaMedicaland} Dental colleges. Admissions^{(Admissionsinto MBBS & BDS Courses) Rules,} 2017, pending disposal^{of the mainWrit Petition}

¶1586

Counsel for the Petitioners:^{SRI P- VENGALA REDDY}

¶1587

Counsel for Respondent^{No. 'l: SRI B. S. PRASAD'} THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN^KUMAR, GP FOR MEDICAL,^{HEALTH & FAMILYWELFARE}

¶1588

Counsel for Respondent^{Nos. 2 & 3: SRIA. PRABHAKAR RAO'} SC FOR KALOJI NARAYANA^{UNIVERSITYOF HEALTHSCIENCES}

¶1589

WP NO: 24052 OF 2023

¶1590

Between:

¶1591

Tadi Ashrita, D/o Harischandra^{Prasad Reddy, Aged about 19 years,.Occ'} s[uoeni, nyo. H.No.8-51,^{HareramanaNagirKorukonda,EastGodavari} district Andhra Pradesh State ...pETtTtoNER

¶1592

AND

¶1593

State of Telangana,^{Repby its Principal} 9ecrgtar.y,^{Departmentof Health and} Medical and Family^{Welfare, Secretariat'Hyderabad.}

¶1594

irf"ii f.frrayrn"^{Rao Univeriity of HealthSCiences,Represented by its} Registrar, Warangal. ...RESPoNDENTS

¶1595

...RESPoNDENTS petition under Article 226 of lhe constitution of lndia^{praying that in the} circumstances stated in^{the affidavit filed therewith, the High court may be} pleased to issue a writ, order,^{or direction more particularlyone in the nature of} 'WRIT OF MANDAMUS'to

¶1596

(a). Declare the Rule 3^{(ll) (d), (e) and (h) of the TelanganaMedicaland} Dental Colleges^{Admissions(Admissions into MBBS and BDS Courses)Rules'} 2017amended/introducedvideG.o.Ms.No.T2datedo3lo7l2o23,issuedby Respondent No.^{l.throughwhich the reservationsas contemplatedin the} unamendedClausesofRule3(11)(d),(e)arerestrictedincollagesestablished priorto2ndJune'2ol4andalsothenewlyintroducedClauseRule3(ll)(h)

¶1597

lt6

¶1598

through which 100% seats under competent Authority Quota in the cofleges established after 2nd June, 2014 and arso the newry introduced crause Rure 3 (r) (h) through which 100% seats under. ,competent Authority euota,in the colleges established after 2d Jury 2014 are a[ocated to rocar students of rerangana state as illegal, Arbitrary, irregular, irrational, contrary to the Andhra pradesh Reorganization Acl, 2014 apart from being violative of Articles 14 and 21 of the Constitution of tndia, 1950 and consequentially set aside the same

¶1599

(b) Declare the admission counsering prospectus/Regurations issued by the Respondent No. 2 (For MB'/BDS Courses for the academic year 2023-2024 under competent Authority Quota) dated 06.07.2023 as iflegar, arbitrary and the sarne liabie to be set-aside ancj;

¶1600

(c) Direct the Respondent.No.l to restore the provisions in force prior to the issuance of G_O.Ms.No.7z dated o3lot t2OZ3, issued by Respondent.No.l, ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2023_2024 of NEET (UG) Courses

¶1601

lA NO: 1 oF 2023

¶1602

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 operation of the impugned GoMs.No-72 dated 03.07.2023 issued by the Respondent No. 1, and also the consequentially issued Prospectus/Regurations pubrished by the Respondent No.2 (For MBBS/BDS Courses for the academ ic year 2O23_2024 under ,Competent authority quota) dated 06.07-2023, pending disposar of the main writ petition and pass such orher order or orders as this Hon'bre court may deem fit and proper in the circumstance of the case and consequentiary conduct the counsering for the academic year 2023-2024 in line with the pre-existing provisions of the Terangana Medical and Dentar colreges. Admissions (Admissions into rvrEBS & BDS Courses) Rures, 201 7, pending disposal of the main Writ petition

¶1603

Counsel for the petitioner: SRI p. SHRAVAN KUMAR GOUD

¶1604

¶1605

Counsel for Respondent No. 1: SRI B. S.^PRASAD,

¶1606

THE ADVOCATE GENERAL^FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILYWELFARE

¶1607

Counsel for Respondent^{No. 2: SRI A. PRABHAKAR RAO'} SC FOR KALOJI^{NARAYANA UNIVERSITYOFHEALTHSCIENCES}

¶1608

WP NO:2406 20F²⁰²³

¶1609

Between:

¶1610

Ms.MekalaKeerthi,D/oMekalaDoss,aboutlgyears'Occ'student'R/oFlat ifJ. ZO+, Sp.ingOate^{npartmentl Jryrntnnagar, 5rd Lane, JKC College Road'} Guntur, Andhra Pradesh. ...pETt,oNER

¶1611

...pETt,oNER

¶1612

AND

¶1613

1 . Union of lndia,^{Rep. by its Secretary, Ministry of Health and FamilyWelfare'} Nirman Bhawan,^{New Delhi - 110011'}

¶1614

1. ij;il;f l"dir, ri.p.^{uv-ils secreiarv (HE)' Ministry of Education'109{'} -' Shastri Bhawan Ni:w Delhi - 110001 '

¶1615

il;til;l M;i"ar^{C"*"rn].tion(trrr'lc), Repreg^e$gd by its Secretary'Pocket-} " i+l'S.itor+, Dwarka Phase-|, New Delhi - 11oo77 ' 4. '' blai;;i1.I; Fimirv werr"rd ;d;il, oepartriren(, Secretariat'^d#. "b-y ii'F,iniipit s.ecretarY, Hy. derabad'.Hearth' Medicar and

¶1616

s. biirail ;i'i6^{ii"IEirJtiii",ueatth,Med ical.anrr Familvwelfare} Deoartment, cor"rn,iEtli'fdrl"gi;q'^{S"cretariat Buildings'-Hvderabad'}

¶1617

6 illfi;;n"a'V;il;^{Vil;;; paninSo' Department of Health'Med-icaland} " illiiiV-'rilti;' h;p 6fi;-c;misl-ione'' DM and HS campus'^Sultan Bazair, Koti, Koti,^HYderabad'

¶1618

Bazair, Koti, Koti,^HYderabad'

¶1619

1. The Telangana^{state"fiEoicalServices and.lnfrastructureDeveloprnent} c-rrnration^{(TSMSIDd;H;; 6'iiGr"r"n"gi"gDirector' 2nd Floor' DM and} iSbamprs,^{Sultan B azaar' Koti'HyoeraDao'}

¶1620

1. Kaloii Niravana^{n,o'ufiiJliiv"i'ix"iitr'-5"ienc"t(KNRUHS)' Rep'bv its} " iiA6tr;i (izampura, warangal' Telangana ...REsPoNDENrs

¶1621

...REsPoNDENrs

¶1622

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances^{stated in the affidavit filedtherewith' the High Court may be} pleased to^{issue a Writ'Orderor Direction more particularly one in the natureof} Writ of Mandamus'

¶1623

(a) To Declare^{the Rule 3 (ll) (d)' (e) and (h) of the Telangana Medicaland} Dental^{Colleges Admissions (Admissionsinto MBBSand BDS Courses)Rules'} 2017 amended/introduced^{vide GOMs'No72datedO3'O7'2023' ":*} ':' Respondent^{No' 1 through which the reservationsas contemp{atedin the} unamended^{clausesof Rule 3 (1 1 ) (d), (e) are restrictedin colleges established} prior to 2nd^{June'2014 and also the newlyintroducedClause Rule 3 (ll) (h)} through^{which 10O%seats under Competent Authority Quota'in the colleges} established^{after 2nd June'2014 are allocated to local studentsof Telangana}

¶1624

ilrJ

¶1625

State as illegal, Arbitrary, irregular, irrational, contrary to the Andhra pradesh Reorganization Act, 2014 apart from being viorative of Articres 14 and 21 of the Constitution of lndia, 1gS0 and consequentially set aside the same

¶1626

b) To Declare the admission counsefling prospectus/Regurations issued by the Respondent No. 2 (For MBBS/BDS Courses for the academ ic year 2023-2024 under competent authority quota) dated 06 -o7 .2023, as iregar, arbitrary and the same liable to be set_ aside and

¶1627

c) To Direct the Respondent.No.l to restore the provisions in force prior to the issuance of G.O.Ms.No.72 dated 03.O7.2023, issued by Respondent No..l, ensurino equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2023-2024 0f NEET (uG) courses. d) To direct the respondents to consider the candidature of the petitioner in 54 coreges situated in the state of Telangana.

¶1628

IA NO: 1 oF 2023

¶1629

Petition under section 151 cpc praying that in the circumstances stated in the affid-avit filed in support of the petition, the High courr may be preased to suspend the operation of the impugned Go Ms,No.72 dated o3.07.2023 issued by the Respondent No. 1, and also the ProspecrusrResurario n s pubrished by the Respo ro.",^{"i:tt:':I,:,,J"} Courses for the academir dated06oz2orr,o""o.;:;:"lili;l!'1,,",:ff :r:Tfi^,:::;::.fl ":;:": order or orders as this Hon ffi:] proper in rhe circumstance or the case ,"0 """."0,"'ll:,:;IfflT:ij:# 2023-2024 in tine with the Dentar coileses Admission -existins provisions "t^{il:":::j::ffi."fl:,::J} 2017. pendinsdisposat.r;:,:1T::ions^{intoMEBSand BDS} courses) Rutes

¶1630

IAN9:2 OF 2023 petition under Section 151 Cp the affrda praying that in the circumstances stated in vrr fired in support of the rc direct the the Hish courr ma situated in respondenrs ; ".r;o;;n:etition, the srate of re,angana^{' candidature} ",^{*" ,.,,r.i|.T} ;.":;:rl:

¶1631

ll9

¶1632

Counsel for the Petitioner: SRI BASA CHANAKYA

¶1633

Counsel for Re8pofldent.Nos.: 1,& 2:^SR.l GADI FRAVEEN^KUMAR

¶1634

(oy. soLlClTOR GENERAL OF INDIA)

¶1635

Counsel for Respondent No.^{3: Ms. GORANTLA SRIRANGA PUJITHA}

¶1636

Counsel for Respondent^{Nos.4 & 5: SRIB. S- PRASAD'}

¶1637

THE ADVOCATE^GENERALFOR SRI N. PRAVEEN KUMAR,

¶1638

GP FOR MEDICAL,^{HEALTH& FAMILY WELFARE}

¶1639

Counsel for Respondent^{No- 6: SRIS- VIJAYA PRASHANTH'} SC FOR TELANGANA^{VAIDYA VIDHANA PARISHAD}

¶1640

Counsel for Respondent^{No. 7: SRI C- APPAIAHSARMA}

¶1641

Counsel for Respondent^{No. 8: SRI A. PRABHAKAR RAO'} SC FOR KALOJI^{NARAYANAUNIVERSITY OF HEALTHSCIENCES}

¶1642

WP NO: 24066^{oF 2023}

¶1643

Between:

¶1644

?f E:H.i'3.1J:1fl 'Hi"'":^{:U"EAY'j39iy,!:fltl h?'f',i1?;A';i"'H::} GUNTUR^{- A. P.}

¶1645

,.PEflfloNER

¶1646

AND

¶1647

1 . Union of lndia,^{Rep- by its Secretary,Ministryof Healthand Family Welfare'} f.titm"n Bhawan,^{New Delhi- 110011'}

¶1648

1. ffiffi';ilrtii,^{ri.p. oiitid'6"itti"vtHEl'Ministry of Education'10e- c'} -' Shastri Bhawan New Delhi - 110001' its Secretary'^PockeG

¶1649

1. National Medical^{Commissioniirt4*Ci'} 5e.presentea -by . ltETl?';h3#iaJJTr'..J'r)fi^{H'Hi si"'.Li5i,n e'rt n, Medica I and} - Ffi-d w J6,6 D.psn,i,. 1:f ?":'"'ftl,ih5lg,'::Eta m i r y w erra re, tB5**3l||$%l,.F#3ft;'i.irli-gi;e.5."ot,n,te"uiiiiniry.ilvgb'.'04

¶1650

'i:ffi$r"l,i.#[:Yj"li##x,:si?:l'sm:*"13T:'['Ys:i?fi" Baza6t. Koti,^HYderabad

¶1651

'ri&lii['l'tf#;sjij:'trli[a#r"+i:tffi^Pnsr'o"no

¶1652

t kY#;'Jil1fti,y'1ffi"'til'ri'Jtn s"iences^(KNRUHS) "^{Rep bv its}

¶1653

':11?:1fi^{l"['j,:#Bxfl *'ii'Jj:=;,:lmo:AT;l'jl^T;try#"j-TJ-,.} Petition under^{Article 226 of the Constitutionof lndiaprayingthat in the}

¶1654

circumstances stated in^{the affidavit filed therewith' the High Court may be}

¶1655

t20

¶1656

pleased to issue a writ, order or direction more particularly one in the nature of wRtT OF UArvonMus

¶1657

a) Declaring the action of the 2nd Respondent State in amending Rure 3 Sub rule (ll) (d) and (e) of the Telangana Medical and Dental Colleges Admissions (Admissions into MB'S and BDS Courses) Rules, 20,1 7, through the lmpugned G. O. Ms. No. 72, DT 03. 07. 2023, to the extent of altering the reservation erigibirity criteria stipurated for the un- reserved 15% competent authority quota seats to non- rocar candidates onry against the totar seats availabre in co,eges estabrished prior to- 2nd June, 20,14, and thus excruding and depriving the 1st petitioner of an equar opportunaty of avairing a seat in Meciicai courses ior the acaciem ic year 2023- 2024 in air coileges in the Srate of Telangana as iflegar. arbitrary, discriminatory and viorative of Articres 14 of the constitution of rndia and in utter contravention of section 95 0f the Andhra Pradesh Reorganization Acl 2014 and the Andhra pradesh Educational lnstitutions Reguration of Admissions order 1g74 rssued vide G. o. p. No. 646 Educaticn (VV) Depaftrnent Dated 10_ 07_ 1979.and

¶1658

b) Decraring the action of the 2nd Respondent State in inserting and adding a nev,,clause namely (h) after existing clause (g) of Rule 3 Sub rule (ll) of the Terangana Arledicar and Dentar coreges Admissions (Admissions into MBB' and BDS Courses) Rules. 2017, through the lmpugned G. O. Ms. No. 72, DT 03. 07' 2A23 ' thus providing reservation to the extent of 100%o of seats under competent Authority Quota for rocar candidates in coreges estabrished after 2nd June, 20_14, and thus excluding and depriving the 1st petitioner of an equal opportunity of avarring a seat in Medica[ courses for the academ ic yeat 20232O24 tn alt eellsgs5 prevailing in the State of Tela discriminatory and viorar,ive o{ Articres 14 or the .""J,t:,:: li,lff l;i l'-t; contravention of section g5 0f the Andhra pradesh Reorganization Act 2014 and the Andhra pradesh Educ 'l 979 and 1e74 ssued vde G " "T:i.::r:"H,.-ffi;ffi*1::::.J];ff:

¶1659

c) Declaring the acl n amendins Ru'|e 3 and Dental colleges i;: ":ft1l.;[ii.?^T:^':';Jff:::T:I'*'" rmpugned G o Ms ro,,Tur" "ro ";;;"r;"ical 2017, rhrough rhe 72, Dr u o; ;;;;:.lRures' accordingly reservin.g 85

¶1660

IZt

¶1661

(PERCENT) competent authority quota seats to the local candidates and¹⁵ (PERCENT) to non- local candidates against the total seats available in colleges established^prirr to- 2nd June, 2O14,^{and thusexcludingand deprivingthe 1st} petitioner of an equal opportunity of availing^a seat^{in Medicalcourses for the} academic yeat 2023- 2O24 io all^{the existingcolleges in the state of Telangana} as lllegal, arbitrary, discriminatory^{and violativeof Articles14 of the Constitution} of lndia and in utter^{contraventionof section 95 0f the AndhraPradesh} Reorganization Act^{2014and th€ Andhra Pradesh Educational lnstitutions} Regulation of Admissions^{order 1974 lssued vide G. O. P. No. 646Education} (W) Department Dated 10-^{07- 1979and}

¶1662

d) Declare the^{NEET prospectusand notificationDT'06' 07 '2023'} issuedbythe5threspondentUniversityinconsequencetothelmpugnedG.o. Ms.No.T2,asillegal,withoutjurisdictionandingrossdisobedienceofthe judgments passed by the Honble^{High Court and consequently quash/setaside} G. O. Ms. No.^{72, DT 03.07. 2023 issuedby the 2nd respondent and alsothe} prospectus and notification^{DT 06. 07' 2023 issued by the Sth respondent' and}

¶1663

e) Consequently^{direct the 2nd and sth respondents to implement the} reservationeligibilitycriteriainthestateofTelangana,inthematterofadmission intoNEETMBBSandBDSCoursesfortheacademicyear2023-24'byallowing the 15^{petitionerto participatein the registration and counseling process as per} theAndhraPradeshEducationallnstitutionsRegulationofAdmissionsOrder 1974 lssued^{vide G. O. P. No. 646 Education(w) DepartmentDated 10- 07-} 1979andG.o.Ms.No.114,HMSFW,DT05.07-2olTandallotheralliedState Government^{lnstructions framedin consonancewith Article 371- D of the} Constitution^{of lndia, and also in terms of Section95 of THE ANDHRA} PRADESH^{REORGANISATION ACT' 2O14' andalso ln termsof the} 'udgments passed bY the^{Honble HighCourt}

¶1664

IA NO:Petition 10F 2023^under Section^{151 CPC prayingthat in the circumstancesstated} in the affidavit^{fired in supportof the petition,the High court maybe pleased to} grant STAY^{ON THE OPERATION of GOMsNo. 72 dated 03.07.2023issued} and the^{consequential proceedingsProspectus/} by the^{Respondent'No' 4}

¶1665

t22

¶1666

Regurations rssued by the 5th Respondent university (For MBBS/BDS courses for the academic year 2O23- 2024 under Competent authority quota) dated 05. 07. 2023 pending disposal of the main Writ petition

¶1667

Counsel for the petitioner: SRI SAWANARAYANA OHARMAPURI

¶1668

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1669

(Dy. SoLtctTOR GENERAL oF tNDtA)

¶1670

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD, THE ADVOCATE GENERAL FOR SRI N: PFIAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1671

Counsel for Respondent No_ _6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA-VAIDYA ViDHANA PARTSHAD

¶1672

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1673

Counset for Respondent N-o.8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNMECSIWOF HEALTH SCIENCES

¶1674

Counsel for Respondent No. 9: SRI p. GOVIND REDDY,

¶1675

SPL. SC FOR STATE OF ANOHRA PRAOESH

¶1676

WPNo: 24121 oF 2023

¶1677

Between:

¶1678

trt"ffi iittl;t;*:{[#l;$;T,ip:1;"g,,;,#}?il8"..#n

AND

...PETITIONER

3.2. gIffi ir;;ffirJ,.ni,Jil+'[;]JJl"l:;:il'H:':" 4.

¶1683

1. ffiffiffiBffiffi:'ffiffi

¶1684

t23

¶1685

Kaloji Narayana Rao University of Health Sciences (KNRUHS), Rep.by its Registrar, Nizampura, Warangal, Telangana.

¶1686

...REspoNoENTs Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particulady one in the nature of WRIT OF MANDAMUS to

¶1687

a. Declaring the Rule 3 (ll)^(h) of^{the Telangana Medicaland Dental} Colleges Admissions (Admissions^{into MBBS and BDS Courses) Rules, 2014} introduced vide G.O.Ms.No.72 dated 03.07.2023'^{issuedby Respondent.No.4 in} allocating the 100% seats under^{Competent Authority Quotato localstudentsof} Telangana state as highly-illegal^{andcontraryto the section 95 of the Andhra} Pradesh Reorganization^{Aca, 2014,the Andhra Pradesh Educationallnstitutions} (Regulation of Admissions) order,¹ 974,^{apart from being violative of Articles14} and 21 of the Constitution^{of lndia, 1950 and}

¶1688

b.Consequently, set-aside the^{amendmenti.e-, Rule 3 (ll) (h) of the} Telangana Medical and^{Dental collegesAdmissions (Admissions into MBBSand} BDS Courses) Rules,^{2014introduced vide G.o.Ms.No.72dated 03.07.2023,} issued by the Respondent^{No.4 anddeclare the impugned Prospectus/Regulations} issued by the Respondent.^{No. 8 (ForMBBS/BDS Coursesfor the academic year} 2023-2024 under competent^{authority quota) dated 06-07.2023, as illegal and} arbitrary and consequently^{set-aside all other consequentialnotifications issued by} Respondent No.7 in continuation^{with their eadier notificationsdated. 06.07.2023,} 26-07-2023 and O248-2023^{and 03-08'2023.}

¶1689

c.the Respondent.No.4^{to 8 to restore the provisionsin force prior to the} issuanceofG.O.Ms.No.T2dated03-07-2023,issuedbyRespondent'No'4' ensuring equal opportunity^{and protectionof the laws to the studentsof Andhra} Pradesh for the academic^{year 2O23-2O24ofNEET(UG)Courses, by allowing the} petitioner to participate in the^{registrationand counseling process a.s per the} Andhra Pradesh Educational^{lnstitutions (Regulation of Admissions)ode(, 1974} andG.O.Ms.No.1'l4,HMandFW,DT.O5-O7-2OlTandinconsonancewithArticle 371-D of the Constitution^{of lndia, and also in terms of Section 95 of THE} ANDHRA PRADESH^{REORGANISATION ACT' 2O14' and also in terms of the} judgments passed by the Honble^HighCourt'

¶1690

lt4

¶1691

lA NO: 1 OF 2023

¶1692

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of the impugned G.o.Ms.No.72 dated o3.o1.2023 issued by the Respondent'No.4' and the consequentiar prospecrus/Regurations issued by the Respondent.No-7 (For MBBS/BDS courses for the academ ic year 2023-2o24 under competent authority quota) dated 06.071023 and a[ other consequentiar notifications issued by Respondent No.7 in continuation with their earlier notifications dated. o6.07 2023, 26-07-2023 and o2-og-2023 and 03.08.2023., pending disposal of the main Writ petition

¶1693

lA NO:2 oF 2023

¶1694

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respqndent No. T to pubrish the seat matrix providing for both rocar and unreserved students whire pubrishing for second counsering for the academic year 2023-2024 of NEET (UG) courses. pending disposal of the main writ petition Counsel for the petitioner: SRt ANUp KOUSHTK KARAVADI

¶1695

Counsel for Respondent Nos. 1 & 2: SRI cADl PRAVEEN KUMAR (Dy. SoLtClToR GENERAL OF tNDtA)

¶1696

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1697

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶1698

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTTEFTMILYWELFARE

¶1699

Counsel for Respondent No_. 6: SRI S. VIJAYA PRASHANTH,

¶1700

SC FOR TELANGANA VA]DYA ViOXATA PARISHAD

¶1701

Counsel for Respondent No.7: SRt A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1702

WP NO| 24122 oF 2023

¶1703

Between

¶1704

J:ff#dff#?"h'J?"y:"[35.",**,i;,f^{n.d"J&"1"ffi;}:,:*:"!itJ,

AND

..PETITIONER

t25

Union of lndia, Rep. by its Secretary, Ministry of Health and Family^Welfare, Nirman Bhawan, New Delhi^{- 1 10O1 1.}

¶1709

Union of lndia, Rep. by its Secretary^(HE), Ministry of Education,^'109C, Shastri Bhawan New Delhi - 110001.

¶1710

National Medical Commission^(NMC), Represented^{by its Secretary, Pocket-} 14 , Sector€, Dwarka Phase-l ,^{New Delhi- 11OO77-}

¶1711

Staie of Telangana, Rep. by its Principal^{Secretary, Health'Medical and} Familv Welfare Department,^{Secretariat,Hyderabad.}

¶1712

5, Direct,or of Medicai Education,^{Health,Medical and FamilyWelfare} Deoartment. Govemment of^{Telangana, Secretariat Buildings, Hyderabad.}

¶1713

Telanoana Vaidya Vidhana^{Parishad, Department of Health, Medical and} Famili welfare, iiep.by^{its Commissioner,DM and HS Campus'Sultan} Bazaar, Koti, Hyderabad.

¶1714

Kaloii Narayani Rao University^{of HealthSciences (KNRUHS)'Rep.by its} Registrar, Nizampura,^{Warangal, Telangana.}

¶1715

...REspoNDENTs Petition under Article^{226 of the constitutionof lndiaprayingthat in the} circumstances stated^{in the affilavit filed therewith,the High court maybe} pleased to issue a writ, order,^{or direction more particuladyonein the nature of} WRIT OF MANDAMUS^tO

¶1716

a.DeclaringtheRule3(ll)(h)oftheTelanganaMedicalandDenta| colleges Admissions^{(Admissions into MBBS and BDS Courses) Rules, 2014} introduced vide G.o.Ms.No.72^{dated o3to7l2o23, issuedby Respondent.No.4 in} allocating the^{1O0o/o seata under Competent Authority Quotato local students of} TelanganaStateaShighly.illegalandcontrarytotheSection95oftheAndhra Pradesh Reorganization^{Acl, 2014,the Andhra Pradesh Educationallnstitutions} (Regulation of Admissions)^{order,'1974, apart from being violative of Articles14} and 21 of the Constitution^{of lndia, 1950 and}

¶1717

b. Consequently,^{set-asidethe amendment i'e'' Rule 3 (ll) (h) of the} Telangana Medical^{and Dental collegesAdmissions (Admissions into MBBSand} BDSCourses)Rules,2014introducedvideG.o.Ms.No.7zdatedo3lo7l2o23' issued by the Respondent^{No.4 and declarethe impugned Prospectus/Regulations} issuedbytheRespondent.No.8(FoTMBBS/BDSCoursesfortheacademicyear

¶1718

2023-2024 under^{Competentauthority quota) datedO6tO7l2O23} '^{as illegal and} arbitrary and consequently^{set-aside all other consequential notifications issued by} RespondentNo-sincontinuationwiththeirearliernotificationsdated.o6loTl2o23, 26t}l t 2023 and^{O2tOBl2023and 03/08/2O23,}

¶1719

c. the Respondent.No.4^{to Ito restore the provisionsin force prior to the} issuance of G.O.Ms.No.72^{daled O3tO7l2O23' issued by Respondent'No'4'} ensuring equal^{opportunityand protection of the laws to the students of Andhra}

¶1720

I 2(r

¶1721

Pradesh for the academic year 2o23-2024of NEET(UG) courses, by aflowing the petitioner to participate in the registration and counsering prccess as per the Andhra Pradesh Educationar rnstitutaons (Reguration of Admissions) order, 1974 and G'o.Ms. No.114, HM and FW, DT. a5n72017 and in c,onsonance with Articre 371-D of the constitution of rndia, and arso in terms of section 95 of rHE ANDHRA PRADESH REORGANISATION ACT, 2014, ANd AISO iN tErMS Of thE judgments passed by the Honble High Court

¶1722

lA NO: 1 oF 2023

¶1723

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in suppoii of the petition, the High Court may be pleased to suspend the operation of the impugned GoMs.No.72 dated o3to7 t2023 issued by the Respondent.No.4, and the consequential prospectus/Regulations issued by the Respondent.No.S (For MBBS/BDS courses for the academ ic year 2023-2o24 under 'competent authority quota') dated 06.or.2023 and afl other consequentiar notifications issued by Respondent No.g in continuation with their earlier notifications dated. O6t0il2o23, 26tTt /2023 and O2tOBl2O23 and o3to8t2023; pending disposal of the main Wnt petition

¶1724

lA NO:2 oF 2023

¶1725

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in suppori of the petition, the High cou.i may be preased to direct the Respondent No.s to pubrish the seat matrix providing for both rocar and unfese*ed st{'dents urhire pubrishing ,for second counse,ing for ttre aeademic year 2023-2024 of NEET (UG) courses, pending disposar of the main writ petition Counsel for the petitioner: SRt ANUP KOUSHTK KARAVADI

¶1726

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1727

(Dy. SOLICITOR GENERAL OF tNDtA)

¶1728

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1729

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶1730

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR,

¶1731

GP FOR MEDICAL, HEALTH & FAMI[.Y WELFARE

¶1732

t27

¶1733

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH,

¶1734

SC FOR TELANGANA VAIDYA VIOHANA PARISHAD

¶1735

Counsel for Respondent No. 7: SRI A. PRABHAKAR^RAO, SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1736

WP NO: 24128OF 2023

¶1737

Between:

¶1738

Pola Rama Bhandavi,, D/o. Pola Venkateswara Reddy,^{Aged17 years,} Student, Minor represented by her^{NaturalFather/GuardianMr. Pola} Venkateswara Reddy, S/o. Pola Venkata Reddy,^{aged 51 years, 3- 565,2nd} Road, Tadipatri, Ananthapur.^{AndhraPradesh - 51541} 1

¶1739

...pETtTtoNER

¶1740

AND

¶1741

Union of lndia,, Rep. by^its Secretary,^{Ministryof Health andFamily Welfare'} Nirman Bhawan, New Delhi^{- I 10011.}

¶1742

Union of lndia, , Rep. by its Secretary^{(HE), Ministryof Education, 109-C,} Shastri Bhawan New Delhi^{- 110001.}

¶1743

National Medical Commission^{(NMC),,Representedby its Secretary, Pocket-} 14 , Sector-8, Dwarka Phase-1 ,^{New Delhi - 11OO77.}

¶1744

Staie of Telangana,, Rep. by its^{Principal Secretary, Health, Medical and} Familv Welfare Department, Secretariat,^Hyderabad.

¶1745

Director of Medica[ Education,,^{Health, Medical and FamilyWelfare} Department, Government of^{Telanganq,SecretariatBuildings'Hyderabad.}

¶1746

Teiangana Vaidya Vidhana^{Parishad,, Departmentof H-ealth,Medical and} Famil! welfare, ftep.by its Commissioner,^{DM and HS Campus, Sultan} Bazaar, Koti, Hyderabad.

¶1747

7 Kaloii Narayanj Rao University^{of Health Sciences(KNRUHS)',Rep.by its} Registrar, Nizampura, Warangal, Telangana.

¶1748

...RES'.NDENTS Petition under Article 226 of^{the Constitutionof lndiaprayingthat in the} circumstances stated in the^{affidavit filedtherewith, the High Court maybe} pleased to issue a writ, order, or direction^{more particularly one in the natureof} .WRIT OF MANDAMUS tO

¶1749

a. Declaring the Rule 3^{(ll) (h) of the Telangana Medical and Dental} colleges Admissions^{(Admissions into MBBS and BDS Courses) Rules,2014} introduced vide G.O.Ms.No.72^{dated o3to7l2o23, issued by Respondent.No.4in} allocating the 100% seats under^{'competent Authority Quota to bcal studentsof} Telangana State as^{highly-illegaland contraryto the Section95 of theAndhra} Pradesh Reorganization^{Act, 2014, the Andhra Pradesh Educationallnstitutions} (Regulation of Admissions)^{Order, 1974, apart from beiqg violative of Articles14} and 21 of the^{Constitutionof lndia,1950 and}

¶1750

b. Consequently,^{set-asidethe amendment i'e" Rule 3 (ll) (h) of the} Telangana Medical^{and Dental Colleges Admissions (Admissions into MBBSand}

¶1751

I 2rJ

¶1752

BDS courses) Rures, 2014 introduced vide G.o.Ms.No.72 dated o3to7 t2023, issued by the Respondent No-4 and decrare the impugned prospectus/Regurations issued by the Respondent. No. g (For IvTBBS/BDSCourses for the academic year 2023-2024 under competent authority quota) dated o6tort2o23, as iflegar and arbitrary and consequentry set-aside afl other consequentiar notifications issued by Respondent No.8 in continuation with their earrier notifications dated. 06ro12023, 2610712023 and O2tOBt2O23 and O3tOBt2O23.

¶1753

c. the Respondent.No.4 to g to restore the provisions in force prior to the issuance of G.O.Ms.No.Z2 dated O3lOll2O23, issued by Respondent_No.4, ensuring equal opportunity and protection of the raws to the students of Andhra Fraciesh for the academic year 2a23-2024oi .(EET(UG) courses, by ailowing the petitioner to participate in the registratron and counsering process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, 1914 and G o Ms. No.l14, FrMandFW, DT. ostoTlzo1r and in consonance with Articre 371-D of the constitution of rndia, and arso in terms of section 95 of rHE ANDHRA PRADESH REORGAN,SAT'OI{ F.CT, 2A14, and aiso in terms of the judgments passed by the Honourabte High Court.

¶1754

lA NO: 1 OF 2023

¶1755

Petition under Section 151 cpc praying that in the carcumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of the impugned Gorvrs.No..72 dated c3tort2o23 issued by the Respondent.No.4, and the consequentiar prospectus/Regurations issued by the Respondent.No'8 (For MBBS/BDS courses for the academ ic year 2oz3-2a24 under 'competent authority quota') dated o6to7 r2o23 and a[ other consequential notifications issued by Respondent No-g in continuation with their earrier notifications dated. o6to7r2023, 26to7t 2023 and o2to8r2023 and o3to8r2o23., pending disposal of the main Writ petition

¶1756

IANO:2O F 2023

¶1757

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fited in support of the peritron, the High court may be preased to direct the Respondent'No g to pubrish the seat matrix providing for both rocar and unreserved students whire pubrishing for second counsering for the academic year 2023-2024 of NEET (UG) courses, pending disposar of the main writ petition

¶1758

t29

¶1759

Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI

¶1760

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1761

(Oy. SoLlclToR GENERAL OF INDIA)

¶1762

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1763

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD,

¶1764

THE ADVOCAIE GENERAL FOR

¶1765

SRI N. PRAVEEN KUMAR,

¶1766

GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1767

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH,

¶1768

SC FOR TELANGANA VA]DYA VIDHANA PARISHAD

¶1769

Counsel for Respondent No. 7: SRI^{A. PRABHAKAR RAO,}

¶1770

SC FOR KALOJI NARAYANA UNIVERSITYOF HEALTH SCIENCES

¶1771

WP NO: 24179 OF 2023

¶1772

Between:

¶1773

Ankem Pujitha, D/o. Ankem Sivaji^{Ravindra Babu,Aged 19 years,Student,} No. 21- 12- 1511A, lndira^{Colony, Madhuranagar Vijayawada,Andhra} Pradesh - 52001 1'

¶1774

...PETrrroNER

¶1775

AND

¶1776

Union of lndia, Rep. by its Secretary,^{Ministryof Healthand Family Welfare,} Nirman Bhawan, New Delhi^{- 110011.}

¶1777

Union of lndia, Rep. by its Secretary^{(HE), Ministryof Education,109-C,} Shastri Bhawan New Delhi -^110001,

¶1778

National Medical Commission^{(NMC), Represented by its Secretary, Pocket-} 14 , Sector- 8, Dwarka Phase-¹ ,^{New Delhi- 11OO77.}

¶1779

State of Telangana, Rep. by^{its PrincipalSecretary, Health, Medical and} Family Welfare Department, Secretariat,^Hyderabad.

¶1780

Director of Medicat Education,^{Health, ltledicaland FamilyWelfare} Deoarlment. Governmenl of Telangana,^{Secretariat Buildings, Hyderabad.}

¶1781

Telangana Vaidya Vidhana^{Parishad, C!-'partment of-He-alth,Medical and} Familf welfare, Rep. by^{its Commissioner,DM and HS Campus, Sultan} Bazaar, Koti, Hyderabad.

¶1782

fitoii r.iaiivi"d r.iaiivi"d Rio^{Universityof Health Healthsciences (KNRUHS), Rep. by its}

¶1783

7 fitoii r.iaiivi"d r.iaiivi"d Rio^{Universityof Health Health} Registrar,^{(izampura,Warangal, Telangana.}

¶1784

...RES'oNDENT'

¶1785

Petition under^{Article 226 ot lhe constitutionof lndiaprayingthat in the} circumstances^{stated in the affidavit filed therewith' the High Court may be} pleased to issue a writ,^{order' or direction more particularlyone in the natureof} WRIT OF MANDAMUS^to

¶1786

a. Declaring^{the Rule 3 (ll) (h) of the Telangana Medical and Dental} Colleges Admissions^{(Admissionsinto MBBSand BDS Courses) Rules'2014} introduced^{vide G- O. Ms No' 72 daled03 07 2023} '^{issuedby Respondent No-}

¶1787

ri0

¶1788

4 in allocating the 100 (PERCENT) seats under competent Authority euota to local students of rerangana state as highry- iflegar and contrary to the section gs of the Andhra Pradesh Reorganization Act, 2014, the Andhra pradesh Educational lnstitutions (Reguration of Admissions) order, i 974, apart from being violative of Articles 14 and 21 of the constitution of lndia, 1950 and

¶1789

b. Consequently, set- aside the amendment i. e. , Rute 3 (ll) (h) of the Telangana Medicar and Dentar coleges Admissions (Admissions into MBBS and BDS courses) Rures, 2014 introduced vide G. o. Ms. No. 12 dared 03. or. 2023, issued by the Respondent No. 4 and declare the impugned Prospectus/Regurations issued by the Respondent. No.7 (For MBBS/BDS courses tbr the academic year 2023- 2024 under competent authority quota) dated 06. 07.2023, as ifiegar and arbitrary and consequentry set- aside afl other consequential notifications issued by Respondent No_ 7 in continuation with their earlier notifications dated 06. 07. 2023, 26- or- 2az3 and 02- 08- 2023 and 03.08.2023

¶1790

c. the Respondent. No. 4 to 7 lo restore the provisions in force prior to the issuance of G. O. Ms. No. 12 dated 03. 07. 2023, issued by Respondent. No. 4, ensuring equar opportunity and protection of the raws to the students of Andhra Pradesh for the academic year 2023- 2024 of NEET(UG) courses, by afiowing the petitioner to participate in the registration and counseling process as per the Andhra Pradesh Educationar rnstitutions (Reguration of Admissions) order, i974 and G- O. Ms. No. 114, HM and FW, DT 05_ 07- 2O1t and in consonance with A.ticle 371- D cf the constitution of lndia, and arso in terms of Section 95 of rHE ANDHRA 'RADESH^{nEonGarursaroN ACT, 2014, and arso in terms of the} judgments passed by the Honble High Court

¶1791

lA NO: 1 oF 2023

¶1792

Petition under Section 151 cpc praying that in the ckcumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of the impugned GoMs. No. 72 dated 03. 07. 2023 issued by the Respondent' No' 4' and the consequentiar prospectus/Regurations issued by the Respondent' No' 7 (For MBBS/.DS courses for the academ ic year 20232024 under competent authority quota) dated 06. 07. 2o23 and a, other consequentiar notifications issued by Respondent No. 7 in continuation with their

¶1793

¶1794

earlier notifications dated 06. 07.^{2023, 26- 07- 2023 and 02- 08- 2023and} 03.08.2023 , pending disposal of the main Writ^Petition

¶1795

lA NO: 2 OF 2023

¶1796

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} direct the Respondent. No. 7 to^publish the seat matrix^providing for^bothlocal and unreserved students while^publishing for^{second counselling} for^the academic year 2023- 2024 of NEET^(UG) Courses,^{pending disposal} of^{the main} Writ Petition

¶1797

Counsel for the Petitioner: SMT. G. SHILPA

¶1798

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR (Dy. SoLICITOR GENERAL oF INDIA)

¶1799

Counsel for Respondent No. 3: Ms. GORANTLA SRI^{RANGA PUJITHA}

¶1800

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAO,

¶1801

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1802

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶1803

Counsel for Respondent No. 7: SRI A. PRABHAKAR^RAO,

¶1804

SC FOR KALOJI NARAYANA UNIVERSIW OF HEALTH SCIENCES

¶1805

WP NO: 24190 OF 2023

¶1806

Eetween:

¶1807

Songa Sai Sri, D/o. Songa Srinivasa Rao, Aged^{19 years, Student,R/o.28-} 1 36, Dr. Zakeer Hussain College Road,^{Prasad Nagar, Krishna DistAndhra} Pradesh -521456

¶1808

.,.PEr.'NER

¶1809

AND

¶1810

Union of lndia, , Rep. by its Secretary,^{Ministryof Health and Family Welfare,} Nirman Bhawan, New Delhi^-110011.

¶1811

Union of lndia, , Rep by its Secretary^{(HE), Ministryof Education, 109-C,} Shastri Bhawan New Delhi -^'1 10001.

¶1812

National Medical Commission^(NMC), Represented by^{its Secretary,Pocke!.} 14, Sector-8, Dwarka Phase-1 , New Delhi^-11OO77.

¶1813

State of Telangana, , Rep. by its Principal Secretary,^{Health, Medical and} Family Welfare Department,Secretariat,^Hyderabad.

¶1814

Directbr of Medical Education, . Health, Health,^{Medicaland Family WelfareFamily Welfare}

¶1815

Directbr of Medical Education, . Health, Health,^{Medicaland Family WelfareFamily Welfare} Department, Government of Telangana, Secretariat^{Buildings, Hyderabad.}

¶1816

t32

¶1817

Telangana_Vaidya Vidhana parishad, Department of Health, Medical and Family w.elfare, Rep.by its Commissioner, DM and HS Campus, Sultan Bazaar, Koti. Hvderab'ad.

¶1818

7 5?l_ojl}rra.y,gnj Rao University of Heatrh Sciences (KNRUHS), Rep.by its Registrar, Nizampura, Warangal, Telangana.

¶1819

Petition under Articte 226 of the Constitution of tndia ,.rr;ffil:i",fll: circumstances stated in the affidavil filed therewith, the High court may be pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS to

¶1820

a. Declaring the Rule 3 (ll) (h) of the Telangana Medical and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rules, 2014 introduced vide G.o.Ms.No.72 dated o3.or.2023, issued by Respondent.No.4 in allocating the 100% seats under competent Authority euota to local students of Telangana State as highly-illegal and contrary to the section g5 of the Andhra Pradesh Reorganization Act, 2014, the Andhra pradesh Educational lnstitutions (Regulation of Admissions) order, 1974, apart from being viorative of Articles 14 and 21 of the Constitulion of lndia, 1950 and

¶1821

b. Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Mq(ica{ and Deqt6r! eolleges Admissio-ns (Admissions into MBgs and BDS courses) Rules, 2014 introduced vide G.o.Ms.No.72 dated o3.o7.2023, issued by the Respondent No.4i and declare the impugned Prospectus/Regulations issued by the Respondent- No.7 (For MBBS/BDS Courses for the academic year 2O2j-2O24 under Competent authority quota) dated 06.07.2023, as irtegar and arbitrary and consequenfly set-aside a[ other consequential notifications issued by Respondent No.7 in continuation with their earlier notifications dated. 06.0r.2023, 26i7-2o23 and o2-o}-2o23 and 03.08.2023,

¶1822

c. the R.espondent.No.4 to z to restore the provisions an Force prior to the issuance of G.O.Ms.No.72 dated O3.O1 .2023, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2OZ3- 2024of NEET(UG) Courses, by allowing the petitioner to participate in the registration and counsering process as per the Andhra Pradesh Educational lnstitutions (Regulation of Admissions) order, 1914 and G.o.[4s. No.114, HMandFW, DT. o5-or-zo1r and in consonance with Articre 371-D of the constitution of rndia, and arso in terms of section 95 of rHE

¶1823

rjj

¶1824

ANDHRA PRADESH REORGANISATION ACT, 2014, and also in terms of the judgments passed by the Honble High Court

¶1825

lA NO: 1 OF 2023

¶1826

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^{petition, the High Court may be pleased to} suspend the operation of the impugned GOMs.No.72 dated 03.07.2023^{issued by} the Respondent.No.4, and the consequential Prospectus/Regulations^issuedby the Respondent.No.T (For MBBS/BDS Courses^{for the academic year 2O23-2024} under 'Competent authority^quota') dated 06.07.2023^{and all other consequential} notifications issued by Respondent^{No.7 in continuation with theirearlier} notifications dated. 06.07.2023, 26-07-2023^{and O2-O8-2O23and 03.08.2023,} pending disposat of the main Writ Petition

¶1827

lA NO: 2 OF 2023

¶1828

Petition under Section 151 CPC^praying that^{in the circumstances statedin} the affidavit filed in support of the^{petition, the High Court may be pleasedto direct} the Respondent.No.T to^publish the^{seat matrix providing for bothlocaland} unreserved students while^{publishing for second counselling for the academic year} 2023-2024 of NEET (UG) Courses,^{pending disposal of the main Writ Petition} Gounsel for the Petitioner: SMT. G.^SHILPA

¶1829

Counsel for Respondent Nos. 1 & 2: SRI^{GADI PRAVEEN KUMAR} (Dy. SOLICITOR GENERAL OF INDIA)

¶1830

Counsel for Respondent No. 3:^{Ms. GORANTLA SRI RANGA PUJITHA}

¶1831

Counsel for Respondent Nos. 4 & 5:^{SRIB. S. PRASAO,} THE AOVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH^{& FAMILY WELFARE}

¶1832

Counsel for.Respondent^{No. 6: SRI S. VIJAYA PRASHANTH'} SC FOR TELANGANA^{VAIDYA VIDHANA PARISHAD}

¶1833

Counsel for Respondent^{No. 7: SRIA' PRABHAKAR RAO'} -- SC FOR XNT-OJT^{NARAYANA UNIVERSITY OF HEALTHSCIENCES}

I J+

WP NO:242850F 2023

Between:

Ediga Ctukka Sai Lohith€, D/o E. C. Naga Surendra Goud, Aged about 19 years, Caste. Goud,3-74-2, near new bls stand, Betham'chdna d;;;i, Andhra Pradesh- S18599

¶1838

AND

¶1839

.PETITIONER

¶1840

Union o( lndia, Rep. by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New'Delhi - 1100i1.

¶1841

Union of lndia, Rep. by its Secretary (HE), Ministry of Education, .t09_C, Shastri Bhawan Nbw Dethi - 11OO0i.'

¶1842

National Medical Commission_ (NIVIC), Represented by its Secretary, pocket14, Sector-8, Dwarka phase-t, New'betni _ 1iN11-'^"

¶1843

State of.Tel.angana, Rep. by (s principat Seo"iiry, nurlth, Medical and Family Welfare Departmenf, Secretariat. Hvderablb^--

¶1844

urrectc!. cf tr,4edical ECucation, Health, tr,iediical andFarnily ,relfare Department, Govemment or Tetangaria, S"c.etiiiii auiiiingi, Hyderao"o.

¶1845

o J:91'.991-q,Vaidya^{Vidhana parishi{, .b.pi.ti-irnt'oi-Fieatth,Medicat} and ramly wetlare. F(eoresented by lts Commissioner, DM and HS Campus, Qultan^{Bazaar, Koti, Hyderabad}

¶1846

7 lelangana State Medical Services and I nfrastnrcture Development 3s'iJfl[?,:iHi[?B3}I:R"?fitg,osi$Dir&Jiz'orr'o',ouano

¶1847

8 Kaloii Narayana Rao University of H-ealth Sciences (KNRUHS),, Rep. by its Regiskar, Nizampura, waranq'at. ieL;;;;;'-''*- ''^{" ''}

¶1848

¶1849

I state of Andhra pradesh, Re[. Oy its pri'ncipal Secretary, Heatth. Medical and Family Welfare Department, Secietariat, vdrigipuol'Ii,aravari

¶1850

Petition under Nticte 226 of the Constitution of tndia ,r"ilntil:i,o"tl;: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of ,WRIT OF MANDAMUS'tO

¶1851

(a) Declare the Rute 3 (,) (d), (e) and (h) of the Tetangana Medicat and Dentai coiieges Acimissions (Adrnissions into MBBS and BDS courses) R.uies, 2017 amended/introduced vide G.O.Ms.No.72 dated 03.07.2023, issued by Respondent No, 4.. through which the reservations as contemptateO in tt e unamended clauses of Rule 3 (ll) (d), (e) are restricted in coflages estabrished prior to 2nd June, ZO14 and also the newly introducec, Clause Rule 3 (1 1) (h) through which l00percent seats under competent Authority Quota,in the co,eges established after 2nd June, 2,14.are allocated to local students of Telangana State as iflegar, Arbitrary, irregurar, irrationar, contrary to the Andhra pradesh Reorganization Acr' 2014 apart from being viorative of Articres 14 and 21 0f the Constitution of lndia, 1950 and consequentially set aside the same

¶1852

t35

¶1853

(b) Declare the consequent impugned admission counselling Prospectus/Regulations issued by the Respondent No. 8 (For MBAS/BDS Courses for the academic year 2O23-2024 under Competent authority quota) dated 06.07.2023, as illegal, arbitrary and the same liable to be set- aside and

¶1854

(c) Direct the Respondent.No.4 to restore the provisions inJorce+rior to the issuance of G.O.Ms.No.72 daled O3.O7.2023, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academ ic year 2023-2024 of NEET(UG ) Courses

¶1855

lA NO: 1 OF 2023

¶1856

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 pleased} to suspend the operation of the impugned GOMs No.72 dated 03.07.2o23 issued by the Respondent No. 4, and also the consequentially^issued Prospectus/Regulations published by the Respondent No. 8^(For MBBS/BDS Courses for the academic year 2023-2024 under^'Competent Authority Quota') dated 06.07.2023 and also may be pleased to suspend the operation notification dated 03.08.2023 issued by the respondent no. 8^(For MBBS/BDS Courses for the academic year 2023-2024 under^'Competent Authority Quota)^pending disposal of the main Writ Petition considering the application of the^petitionerin all colleges established after 2014 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case and consequentially conduct the counselling for the academic^year 2023-2024 in line with the^pre- existing provisions of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017, pending disposal of the main Writ Petition

¶1857

Counsel for the Petitioner: SMT. Y. RATNA PRABHA

¶1858

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1859

(Dy. SOLICITOR GENERAL OF INDIA)

¶1860

Counsel for Respondent No. 3: Ms. GORANTLA^{SRI RANGA PUJITHA}

¶1861

Counsel for Respondent Nos.4^{& 5: SRIB. S- PRASAD'} THE AOVOCATE GENERAL^FOR SRI N. PRAVEEN KUMAR,

¶1862

GP FOR MEDICAL, HEALTH^{& FAMILY WELFARE}

¶1863

ri6

¶1864

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VTDHANA PARISHAD

¶1865

Counsel for Respondent No. 7: SRt C. AppAlAH SARMA

¶1866

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIV€RSITY OF HEALTH SCIENCES

¶1867

Counsel for Respondent No. 9: SRI p. GOVINO REODY,

¶1868

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1869

WP NO: 24372OF 2023

¶1870

Between:

¶1871

GuCe Charishma,, D/c Guda lijqya [aju, HinCu, Age 17 years, Occ. StuCent, being a minor representing by lier rdttier CGa Vi;aya'Raju, Slo Oori,ar,, gs* aq99! 50 ybars, ocd rrieCnanicai W.( R6lE.N..A'_iis, s.Cp;j;: Tallapudi. West Godavari District, Andhra praJrisn.^{-' -}

¶1872

AND

¶1873

...PETITIONER

¶1874

Il:.Ylbl,,"l^{lndia., Rep. by its Secrerary_,Ministryof Heatthand Famity} wettare, Nirman Bhawan, New Delhi _ 1i0011.

¶1875

Union of incJia,. Rep. by its Secre-tary (HE). Ministry of Education, 109_C, Shastri Bhawan Ndw tielhi-1 100O1 .'^'

¶1876

Nat{onal tvledicar commission{NMC), Represented by its secretary, pocket14, Sector-8. Dwarka phase-1', New Delhi-l1OOiZ^-'-

¶1877

:lllp^9j iglglgana,.^{Rep.byitsprincipat Secreiiry,Ueatth, Medicatand Famity} v-v elr a re u_epa (men t Secretariat, Hyderabad.

¶1878

Director of Medical Educatiot, Heaith, lr,,tedical and Family Welfare Department, Govem ment of Telangani, Seiretarf at e uiitiirgs, Hydlra OaO

¶1879

Telangana.Vaidya Vidhana pansniO,, geplrtmeniLf ff eartn, Medicat and r-amrry wetiare. Reo.bv its Commissioner,DMandHs Campus, Sultan Bazaar, Koti, Hyderabad.

¶1880

Telangana State Medical Services, and lnfrastructure Development

¶1881

corporation (TSMSTDC), $eg.py ili tvtana,qing Di-rector,znd Fioor, tiM ano HS

¶1882

^^{pampus, Sultan Bazaai,xoti, n'voerioad.-"" -"}

¶1883

8 5il^.t.[:'iy:_la Rao University or reaiih Sciences, (KNRUHS), Rep.by irs ,^{Kegtstrar, Ntzampura,} Waranqal. Telanoana

¶1884

s. State of Andhra pradesh, Re[.Oy its e iicipJl Secretary, Health, Medical and Famity Wetfare Deparrment, Seiretii,ai, VEGfrludi, Amaravati.

¶1885

Petition under Articte 226 of the Constitution of tndia or"i;fntil:i-,',.tH: circumstances stated in the affidavit fired therewith, the High court may be pleased lo issue a writ, order, or direction more particurarly one in the nature ot ,WRIT OF MANDAMUS'tO

¶1886

(a) Dectare the Rure 3 (r) (d), (e) and (h) of the Terangana Medicar and Dental colleges Admissions (Admissions into MBBS and BDS courses) Rures, 2017 amended/introduced vide G.o.Ms.N o.72 dared o3.o7.2023, issued by Respondent No 4, through which the reservations as contemprated in the un-

¶1887

137

¶1888

amended Clauses of Rule 3 (ll) (d), (e) are restricted in coltages established prior to 2nd June, 2014 and also the newly introduced Clause Rule 3 (ll) (h) through which 100% seats under 'Competent Authority Quota'in the colleges established after 2nd June,2O14 are allocated to local students of Telangana State as illegal, Arbitrary, irregular, irrational, contrary to the Andhra Pradesh Reorganization Act, 2O14 aparl from being violative of Articles 14 and 21 of the Constitution of lndia, 1950. and consequentially set aside the same.

¶1889

(b). Declare the consequent impugned admission counselling Prospectus/Regulations issued by the Respondent No. 8 (For MBBS/BDS Courses for the academic year 2O23-2O24 under Competent authority quota) dated OO|O7l2O23, as illegal, arbitrary and the same liable to be set-aside and.

¶1890

(C) Direct the Respondent.No.4 to restore the provisions in force prior to the issuance of G.O.Ms.No.72 daled O3lO7l2O23, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2023- 2024 ot NEET(UG) Courses

¶1891

lA NO: 1 OF 2023

¶1892

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 operation of the impugned GOMs.No.72 dated 03.07.2023 issued by the respondent no.4 2nd also consequently issued Prospectus/Regulations published by the Respondent No. B (For MBBS/BDS Courses for the academic year 2O23-2O24 under 'Competent authority quota') dated OGlOll2O23, pending disposal of the main Writ Petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case and consequentially conduct the counselling for the academic year 2023-2024 in line with the pre-existing provisions of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2017,^pending disposal of the main Writ Petition pending disposal of the above writ^pelition Counsel for the Petitioner: SRI CH VENK.AT RAMAN

¶1893

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN^KUMAR

¶1894

(Dy. SOLIGITOR GENERAL OF INDIA)

¶1895

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA^PUJITHA

¶1896

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶1897

r38

¶1898

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1899

Counsel for Respondent No. 6: SRI S. VtJAyA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶1900

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1901

Counsel for Respondent No. 8: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITYOF HEALTH SCIENCES

¶1902

Counsel for Respondent No. 9: SRI p. GOVINO REODY,

¶1903

SPL. SC FOR STATE OF ANDHRA PRADESH

¶1904

WP NO: 24379 oF 2023

¶1905

Between:

¶1906

Vasanta Dedeepya, D/o. Vasanta Maheswara Rao. Aoed 1g vears. Student 18-25.-61, .Reddy_^{Street, Near RamalayamTemplelButchi Ralir eaem,} Gopala Patnam (Rural), Visakhapatnam, Andhra prddesn - ta00?.1r.r,r,o*.*

¶1907

AND

¶1908

Union of lndia, Rep. by_its Secrelary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhr - 11OOi 1.

¶1909

Union of lndia, Rep by its Secretary (HE), Ministry of.Education, 1O9-C, Shastri Bhawan New Delhi - 1 10001 .

¶1910

? National Medical Commission (NMCI Represented by its Secretary, pocket14, Sector-8, Dwarka Phase-1 , New Delhi - 11OA7l .

¶1911

gtate- of Telangana, Rep. by its Principal Secretary, Health, Medical and l-emily I.,elfare Deparlment, Secretariat, Hyderabld.

¶1912

Director of Medical Education, Health, Medjcal and Family Welfare Department, Govemment of Telanganq, Secretariat Buildings., Hyderabad.

¶1913

Telangana,Vaidya Vidhana parishSd, Department of Heatttr] UfediGf inO Famiiy w.eifare, Rep.by iis Commissioner, DM and HS Campus, Sultan Eazaar, Koti, Hyderabacl.

¶1914

7 [?lo,t].\1rr.yp",^{Rao Universityof Heatth Sciences(KNRUHS), Rep.by its} Kegrstrar, Nizampura, Warangal, Telangana.

¶1915

Petition under Adicte 226 of the Constiturion of lndia ,r"iffil:i",fll: circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order, or direction more particularly one in the nature of 'WRIT OF MANDAMUS'ro

¶1916

a Declaring the Rure 3 ([) (h) of the Terangana Medicar and Dentar colleges Admissions (Admissions into MB8S and BDS courses) Rures, 2014 introduced vide G.o.Ms,No.r2 dared o3.o7.2023, issued by Respondent.No_4 in allocating the 100% seats under'competent Authority euota'to locar students of

¶1917

li9

¶1918

Telangana State as highly-illegal and contrary to the Section^g5 of the Andhra Pradesh Reorganization Act, 2014, the Andhra Pradesh Educational lnstitutions (Regulation of Admissions) Order, 1974, apart from being violative of Articles 14 and 21 of the Constitution of lndia, 1950 and

¶1919

b- Consequently, set-aside the amendment i.e., Rule 3 (ll) (h) of the Telangana Medical and Dental Colleges Admissions (Admissions into MBBS and BDS Courses) Rules, 2014 introduced vide G.O.Ms.No.72 dated O3.O7.2O23, issued by the Respondent No.4 and declare the impugned Prospectus/Regulations issued by the Respondent. No. 8 (For MBBS/BDS Courses for the academic year 2023-2024 under Competent authority quota) dated 06.07.2023, as illegal and arbitrary and consequently set-aside all other consequential notifications issued by Respondent No.8 in continuation with their earlier notifications dated. 06.07.2023, 26-07-2023 and 0248-2023 and 03.08.2023

¶1920

c. the Respondent.No.4 to 8 to restore the provisions in force prior to the issuance of G.O.Ms.No.72 . dated 03.O7.2023, issued by Respondent.No.4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2O23-2024of NEET(UG) Courses, by allowing the petitioner to participate in the registration and counseling process as per the Andhra Pradesh Educational lnstitutions (Regulation of Admissions) Order, 1974 and G.O.Ms. No.114, HM and FW, DT. O5-O7 -2017 and in consonance with Article 371-D of the Constitution of lndia, and also in terms of Section 95 of THE ANDHRA PRADESH REORGANISATION ACT, 2014, and also in terms of the judgments passed by the Hon'ble High Court

lA NO: 1 OF 2023

I40

lA NO:2 OF 2O23

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 direct the Respondent.No to publish the seat matrix providing for both local and unreserved students while publishing for second counselling for the academic year 2023-2024 of NEET (UG) Courses, pending disposal of the main Writ petition Counse[ for the Petitioner: SRt ANUP KOUSHIK KARAVADI

¶1926

Counsel for Respondent Nos. 1 & 2: SRI GADI PRAVEEN KUMAR

¶1927

(Dy. SOLICITOR GENERAL OF INDIA)

¶1928

Counsel for Resoondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1929

Counsel for Respondent Nos.4 & 5: SRI B. S. PRASAD,

¶1930

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR,

¶1931

GP FOR MEDICAL, HEALTH & FAMILYWELFARE

¶1932

Counsel for Respondent No. 6: SRt S. VtJAyA PRASHANTH, SC FOR TELANGANA VAIDYAVIOHANA PARISHAD

¶1933

Coqnsei for Respondent No. 7: SRt A. PRAEHAKAE RAO, SC FOR KALOJI NARAYANA UNTVERSITYOFHEALTH SCIET.TCGS

¶1934

WP NO: 24461 OF 2023

¶1935

Between:

¶1936

Noone Bindu Priya, D/o. Noone Soma Shekar. Aoed about 19 vears Occ.Student, Rl/o. H.No.- 411/1 10-3,Bharath Bar Streetl San-riiipuA.;VSH Kadapa, Andhra Pradesh - 516002.

¶1937

C.Sai .lygtlikq, Q/o C.Ravi Sankar. Aged about 19 yrs, Occ. S_tUelent, R/o. ^^{E.No- 431116-8-48, KadapaprakashNagar,Andhra piadesh - 5i6-004'} 3. Sreeramdas Kavitha Kumari, D/o. Sreeramdas premantha Kumar, Aged 1bo.ul^{18. yrs, Occ-_Student,R/o. H.No- 7/208Nagalapurigattupullirnptia} Cuddapah, Andhra Pradesh - 51 6107.

¶1938

...PETIT1ONERS

¶1939

AND

¶1940

l]lllgN^{qf lNDlA,Rep. by irs Secretary, Ministryof Heatrhand Famity} Welfare, Nirman Bhavan. New Delhi - itOOt t.

¶1941

V.ryOry _qF^{lNDlA,Rep. by its Secrerary, HE Ministryof Education,109C} Shastri Bhavan, New Delhi - 1 1001 1

¶1942

& National Medical Commission (NMC), Rep. by its Secretary, Off. pocket 14, Sector B, Dwardaka Phase New Delhi - 1i0077.

¶1943

The State of Telangana, Rep. by its Principal Secretary. Health Medical and Family Welfare Department. Secretariat, Hyderabad.

¶1944

Director of Medical Education, Health medical and Family Welfare Department, Government of Telangana, Secretariat Buildings, Hyderabad.

¶1945

l4t

¶1946

Telangana Vaidya Vidhana Parashad, Department of Health Medical and Family Welfare, Rep by its Commissioner, DKM and HS campus, Sultan B azaar. Koti, Hyderabad.

¶1947

Kaloji Narayana Rao University of Health Sciences, Rep by its Registrar, Nizampura, Warangal, Telangana.

¶1948

...RESPONOENTS

¶1949

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction, more, particularly one in the nature of the rate of mandamus to

¶1950

a. declare the rule 3(tl) (d),(e) and (h) of the Telangana, medical and dental colleges admission( Admissions into MBBS and BDS courses) rules, 2$17 amendmenVintroduced wide GO.MS.NO.72 dated 03.O7.2023, issued by respondent number four, through which the reservation as contemplated in the amended clauses of rule 3(ll) (d),(e) restricted in the colleges, estabtish prior to 2nd June, 2014 and also the newly introduced clause rule 3 (ll)(h) through which hundred percent seats under competent authority, quota in the college is estab{ished after 2nd June, 2014 are allocated to local students of Telangana, state as illegal, arbitrary, irregular, irrational, contrary to the Andhra Pradesh, reorganisation act,2014, apart from being violative of article 14 and 21 of the Constitution of lndia, 195O and consequentially set aside the same,

¶1951

b.declare the admission counselling prospects regulations issued by Respondent No. 7 (for MBBS/ BDS courses for the academic yeat 2023-2024 Anwar, competent authority, quota) Dared 06.07.2023, as illegal, arbitrary, and the same liable to be set aside and

¶1952

c.Direct Respondent no 4 to restore the provisions in force prior to issuance of GOMS number 72 dated O3lOl l2O23 issued by Respondent NO 4, ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh^for the academic year 2023 -2024 of NEET^(UG) courses

¶1953

lA NO: 1 OF 2023

¶1954

Petition under Section 151 CPC^{praying that in the circumstances statedin} the affidavit filed in support of the^{petition, the High Court may be pleasedto} suspend the operation of this impugned^{G.O.MSno.72 dated 0347-2023issued} by respondent No.4 and also^{the consequentiallyissuedprospects/regulations} published by Respondent No-7 ( for MBBS/BDS courses^{for the academicyear} 2023-2024 under competent authority^{quota) dated06.O7.2023' pending disposal}

¶1955

t42

¶1956

of the main repetition and pass such other order or orders as this Honourable court may deem fit and proper in the circumstances of the case and consequential conduct, the counselling for the acadernic year 2o 23-2024 in the line with the preexisting permission of relangana medical and dental coltege admissions (admissions into MBBS and BDS courses) Rules, 2o17, pending disposal of the above writ petition

¶1957

Counsel for the Petitioners: SRI NARESH REDDY CHINNOLLA

¶1958

Counsel for Respondent Nos. 1 & 2: SRt GADI PRAVEEN KUMAR (oy. SoLlClToR GENERAL OF tNDtA)

¶1959

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1960

Counsel for Respondent Nos. 4 & 5: SRt B. S. PRASAD,

¶1961

THE ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1962

Counsel for Respondent No. 6: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIOHANA PARISHAD

¶1963

Counsel for Respondent No. 7: SRI A. PRAAHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSIW OF. TIEALTHSCIENCES

¶1964

WP NO: 24491 OF 2023

¶1965

BefuYeen:

¶1966

T Sri Varshini, D/o T.S.V. prasad Rao Aged about. 1g yrs, Occ. Student R/o 43-4-1s16, F.No 103. Nandini nesiOeniy,^--Ra-irway N;;-- 6id;)i Visakhapatnam-53001 6 Andhra pradesh State''

¶1967

AND

¶1968

...PETITIO}IER

¶1969

Union of lndia, Represented by its Secretary Directorate General of Health Services, Nirman Bhawan, ruew Oeltri_t tO 1OS^{---- -'"}

¶1970

I, unron^phaslti ol lndia,^Bhawari ReD.^r.rew bv its Secretary^oeni_r ioti.'inJi', (HE) Ministry^{" "'-"' "'} of Education^"' Office at. 1093. National Medical Commission lqt.UCt n;l by its Secretary Office at. pocket_ 1 4, S_ector-8, Dwara ka pha se-i rue berrri-i i tlolzl in?i,

¶1971

¶1972

!}}Hi#il$ff:Fis,?!::s3ri",15ir#3.t"pf^{:i#&"#s,:?:,.}

¶1973

5 The Director 6f Medical EcJrrc€tion, Heath Medical and Family Welfare 6 Telansana Department, Governmenr vaidva vidhana "r reGshJni paiiifi,J, oep-aiilEiilinlitn, 5.li"il-iriiiiiiiinss, Medicar Hyderabadand Family Wetfare. Reo. bv tts commLiio-n-Jr, ijuilil'rjatampus, Suttan Bazar, Koti, HyderabaA. T.S.

¶1974

143

¶1975

Telangana State Medical Services and lnfrastruc{ure, Development Corporation (TSMSIDC) Rep. by its Managing Director, 2nd Floor, DM and HS Campus, Sultan Bazar, Koti, Hyderabad, T.S.

¶1976

Kaoji Narayana Rao University of Health Sciences (KNRUHS), rep. by its Registrar, Nizampura, Warangal, Telangana

¶1977

State of Andhra Pradesh, Rep. by its Principal Secretary Health, Medical and Family Welfare Department, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh

¶1978

...RESP..{DENT' Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus lo issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to

¶1979

a)Declare the Rule 3 (ll) (d) (e) and (h) of the Telangana Medical and Dental Colleges Admissions into MBBS and BDS Courses Rules 2017 amended/introduced vipe G 0 Ms No 72 dated 03 07 2023 issued by Respondent No 4 through which the reservations as contemplated in the unamended Clauses of Rule 3 (11) (d) (e) are restricted in collages established prior to 2nd June 2O14 and also the newly introduced Clause Rule 3 (ll) (b) through which^'1007o seats under Competent Authority Quota in the colleges established after 2nd June 2014 are allocated to local students of Telangana State as illegal Arbitrary irregular irrational contrary to the Andhra Pradesh Reorganization Act 2014 apart from being violative of Articles 14 and 21 of the ConStitution of lndia 1950 and consequentially set aside the same

¶1980

b) Declare consequent impugned the admission counseling Prospectus/Regulations issued by the Respondent No 8 For MBBS/BDS Courses for the academic year 2O23-2024 under Competent authority quota dated 06 07 2023 as illegal arbitrary and the same liable to be set aside and of

¶1981

c) Direct the Respondent No 4 to restore the^provisions in force prior to the lssuance of G.O.Ms.No 72 daled 03 07 2023 issued by D.Respondent No 4 ensuring equal opportunity and protection of the laws to the students of Andhra Pradesh for the academic year 2023-2024 of NEETUG Courses

¶1982

lA NO: 1 OF 2023

¶1983

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 direct

¶1984

144

¶1985

the respondents to conduct the counseling for the Academic year 2O23-24 (for MBBS/BDS Courses), in respect of petitioners alogn with others, in the with the pre-existing pmvisions of the Telangana Medical and Dental collages Admissions (Admissions into MBBS and 8DS Courses) Rules,201 7, by suspending the operation of the impugned G.O.Ms.No.l2 daled O3.O1 .2023 issued by the respondent No.4, and also consequentially issued prospectus/Regulations published by the respondent No.8 (For MBBS/BDS Courses), for the academic year 2023-2024 under competent Authority quota, dated 06.07.2023, pending disposal of the main Writ Petition, in the interest of justice

¶1986

Counsel for the Petitioner: SRI A. OURGA BHASKAR

¶1987

Counsel for Respondent Nos. 1 & 2: SRt GADI PRAVEEN KUMAR

¶1988

(Dy. SoLlClToR GENERAL OF INDIA)

¶1989

Counsel for Respondent No. 3: Ms. GORANTLA SRI RANGA PUJITHA

¶1990

Counsel for Respondent Nos. 4 & 5: SRI B. S. PRASAD,

¶1991

THE ADVOCATE GENERAL FOR

¶1992

SRI N. PRAVEEN KUMAR,

¶1993

GP FOR MEDICAL, HEALTH & FAMILY WELFARE

¶1994

Counsel for Respondent No. G: SRI S. VIJAYA PRASHANTH, SC FOR TELANGANA VAIDYA VIDHANA PARISHAD

¶1995

Counsel for Respondent No. 7: SRI C. AppAlAH SARMA

¶1996

Counsel for Respondent No. B: SRI A. PRABHAKAR RAO,

¶1997

SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶1998

eounsel for Respondent No. 9: SRt p. GOVTND REDDY,

¶1999

SPL. SC FOR STATE OF ANDHRA PRADESH

¶2000

WP NO: 247 460F 2023

¶2001

Between

¶2002

Chinnam Sai Yasaswini, D/o Chinnam Satyaravindra Reddy, Aoed. 17 yrs. Occ._ Student, Neet Score. 555, AtR. 59893; petitioner Oeinci hin-or rs reo'bi her father Sri Chinnam Satyaravindra Redrty Aged. +S yrs] nlo-otfi Silee( Adhilakshmi Nagar, Ravulap'alem, Dr BR Am6ed"kar Distri;t, Andhra pradesh - 533238

¶2003

2 Kalluri Thoran Sai Revanth Reddy, S/o Kalturi Dasaratha Rami Reddy, Aged. 17 yrs, Occ. Student, Neet Sco_re-. 5SO, A|R.64fi9, petitioner beingAr6iia 1ep^{by his_ father Sri Kalluri DasarathaRamiReddy, Aged.SZ} !rs, Occ. Teacher, PJo PIot no.1 g, Kothapalli, proddatur, t<jOap5 Oistrictl Andnra Pradesh.

¶2004

t45

¶2005

Alamuri M M Sankeerthana, D/o A-T.S-Venkateswadu, Agred. 19 yrs, Occ. Student, Neet Score. 549, AIR 62834, R/o Flat no.103, Vijayalakshmi Enclave, Vignesh Nagar, Poranki Road, Nidamanuru, Vijayawada, NTR District, Andhra Pradesh - 521104-

¶2006

M.Sai Ramesh Reddy, S/o M.Rama Krishna Reddy, Aged. 17 yrs, Occ, Student, Neet Score. 547, AlR. 66256, Petitioner being minor is rep by his father Sri M.Rama Krishna Reddy, Aged. 52 yrs, R/o 6-49/2, Jamindhar Colony, Rayavaram, East Godavari District, Andhra Pradesh - 533346.

¶2007

Moneddygari Poojith Sai Reddy, S/o Morreddygari Venkata Krishna Reddy, Aged. 18 yrs, Occ. Student, Neet Score. 547, AlR.66753, R/o D.No.1/23612A, Vajralapeta, Penukonda, Sri Sathya Sai District, Andhra Pradesh - 51 51^'10.

¶2008

Appari Sai Venkata Adithya, S/o Appari Mruthyanjaya Rao, Aged. 18 yrs, Occ. Student, Neet Score. 546, AlR. 66982, R/o Rat No.402, Srikrishna Towers, Annapuma Nagar, 4th lane, Amaravathi Road, Gorantla, Guntur District, Andhra Pradesh.

¶2009

Marothu Thirumalesh, S/o Marothu Ravikanth, Aged. 18^yrs, Occ. Student, Neet Score. 545, AlR. ffi270, Ryo D.no.5/1 13-F, Gutha Nagar, Rajampet, Annamayya District, Andhra Pradesh -⁵¹⁶¹ 15.

¶2010

...pETtTtoNERs

¶2011

ANO

¶2012

Union of lndia, Rep by its Secretary, Ministry of Law and Justice, 4th Floor, A- Wing, Shastri Bhawan, New Delhi - 110 001.^(email - [email protected])

¶2013

The State of Telangana, Rep by the Principal Secretary, Department of Health, Medical and Family Welfare, Telangana Secretariat, BRKR Bhavan, 6th Floor, D-Block, Hyderabad - 5OOO22. Email.^prlsecy- [email protected]

¶2014

3 National Medical Commission, Rep by the Board of Govemors through^its Joint Secretary, Pocket- 14, Sector - 8. Dwarka Phase^-1 , New Delhi^- 11OO77, lNDIA. (Email. mcabol.net.in)

¶2015

4 Directorate of Medical Education, Governrnent of Telangana Koti, Hyderabad, E-mail. [email protected].ⁱⁿ

¶2016

5 Kaloji Narayanarao University of Health Sciences, Rep by its Registrar, Nizahpura, Wara ngal, Tela^{n ga} na 50600^{7. (} Ema^{il - knruhswS} 11.flggpjir3fi)r,

¶2017

Petition under Article 226 of the Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed therewith, the High Court may^be pleased toto issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS

¶2018

a) Declaring G.O.Ms.No.72, DT. 03.07.2023 issued^{by the 2nd respondent} State of Telangana,^providing 100^{percent reservationas illegal,arbitrary,} discriminatory and violative of^{Article14 of the Constitutionof lndia and wholly} violative of the law laid down^{by the Honorable Supreme Courtin (l) Dr Pradeep} Jain and others^{v. Union of lndia and others (1984) 3 scc 654, (ii) Jagdish saran} v. Union of lndia^{(1980) 2 SCC 768,(iii) Dr Tan vi Behl v' Shrey Goel (2O2O\13} ScC675,(iv)ChebroluLee/aPrasadRaov.StateofAndhraPradesh(2021)11 SCC 401,^{(v) Satyaiit Kumarv' State of Jharkhand2022SCC OnLineSC 954' and}

¶2019

146

¶2020

(vi) Deena vadini reachers Training lnstitute v. state of M.p., 2023 scc online sc 535,

¶2021

b) Declaring G.O.Ms.No.72, DT. 03.07.2023 issued by the 2nd respondent State of relangana, providing 100 percent reservation in utter contravention of section 95 of the Andhra pradesh Reorganisation Act 2014 and the Andhra Pradesh Educational lnstitutions Regulation of Admissions order 1974 issued vide G.O.P. No. 646 Education (W) Department Dated. 1O-07-1979 and,

¶2022

c) Declare the NEET prospectus and notification DT.06.07.2023, rssued by the 5th respondent university in consequence to the impugned G.o.Ms.No.72, as illegal, without jurisdiction and in gross disobedience of the judgments passed by the Hon'ble supreme couri, and consequenflv- quash/set aside G.c.Ms.No.72, DT. o3-o7.2o23 issued by the 2nd respondent State and arso the prospectus and notification DT. 06.02.2023 issued by the 5th respondent university, and,

¶2023

d) consequentry direct the 2nd and Sth respondents to imprement the reservation eligibility criteria in the state of relangana, in the matter of admission into trlEET MBBS and BDS Courses for the academic year 2023_24, as per the Andhra Pradesh Educationar rnstitutions Reguration of Admissions order 1g74 issued vide c.O.P. N;. 6?6 Education (W) Department Dated. 10_02-1929 and G.O.Ms. No.114, HM and FW, DT. OS-O7-2O11 and afl other afiied State Government instructions framed in consonance with Articre 371-D of the cons{itution of lndia, and arso in terms of Section 95 of rHF ANDHRA PRADESH REORGANISATTON ACT, 2O14, and atso in terms of the judgments passed by the Honorable Suoreme Court, and

¶2024

IA NO: 10F 2023

¶2025

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to set aside the counselling held by the sth respondent following. the amendment of reserving 100% seats introduced vide the impugned G.o.72, DT. 03.07.2023 and consequentry direct the Sttr respondent to commence counsering afresh for MBBS/BDS Courses for the academic year 2023-2024 in terms of G.o.Ms.No.114, HM and FW(C1) Depr. Dated. S_7-2O11

¶2026

lA NO: 2 oF 2023

¶2027

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fited in support of the petition, the High court may be preased to stay

¶2028

147

¶2029

the counselling being undertaken by the 5th respondent university for MBBS/BDS Courses for the academic year 2023-2024

¶2030

Counsel for the Petitioners: SRI P. THIRUMALA RAO

¶2031

Counsel for Respondent Nos. 1 & 3: SRI GADI PRAVEEN KUMAR (Dy. SOLlclToR GENERAL OF INDIA)

¶2032

Counsel for Respondent Nos. 2 & 4: SRI B. S. PRASAD,

¶2033

ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEOICAL, HEALTH AND FAMILY WELFARE

¶2034

Counsel for Respondent No. 5: SRI A. PRABHAKAR RAO,

¶2035

SC FOR KALOJI NARAYANA UNIVERSITY OF HEALTH SCIENCES

¶2036

WP NO: 24755OF 2023

¶2037

Between:

¶2038

1 . Valluru Hyndhavi, D/o Valluri Srinivas, Aged- 19 yrs., Occ. Student, Net Score. 544, A|R.69068, Rl/o Koneru vari veedi, Patamata, Vijayawada, NTR District, Andhra Pradesh - 521104.

¶2039

Pericheda Naga Satya Nishitha, D/o Pericheda Veera Bhadra Satyanarayana Raju, Aged.^'19 yrs., Occ. Student, Neet Score. 543, AIR 69282, FUo D.no.4117, Main Road, Ryali Atreyapuram Mandal, East Godavari District, Andhra Pradesh.

¶2040

Siva Chandra Ganesh Mannava, S/o Raja Sekhar Mannava, Aged. 19 yrs., Occ. Student, Neet Score. 543, AIR- 69338, R/o 4-9 B, Chintapallepadu, Garapadu, Vatticherukuru, Guntur District, Andhra Pradesh - 522017.

¶2041

Chavan Amruta, D/o Chavan Rajendra, Aged. 18 yrs., Occ. Student, Neet Score. 541, AlR. 71492, R/o Main Road, Kattubadi Palem Village, Kondur Mandal, Krishna District, Andhra Pradesh.

¶2042

Mora Dafta Mahesh Reddy, S/o Mora Satya Narayana, Aged. 18 yrs, Occ. Student, Neet Score. 542, AlR. 70360, F/o 346365, Shivaji Nagar, 3rd Lane, MM Road, Ongole, Andhra Pradesh - 523OO2.

¶2043

Koya Sneha, D/o Koya Balaji, Aged. 18 yrs, Occ. Student, Neet Score. 541, AlR. 71323, No 15-155, Near Vyshnavi Residency, NGO Colony, Narasaraopet, Palnadu District, Andhra Pradesh.

¶2044

Singareddy Rupa, D/o Singareddy Obula Reddy, Aged. 19 yrs., Occ. Student, Neet Score. 54O, AlR. 71791, No D.no.141157, Chintala Madugu Palli, Vempalli Post and Mandal, YSR Kadapa District, Andhra Pradesh - 516329.

¶2045

Pagadala Ranga Vignesh, S/o Pagadala Ranganayakulu, Aged. 1B yrs., Occ. Student, Neet Score. 538, AlR. 73475, No 1-9, Near Ramalayam Temple, Chinnaganipalle Village, Rachdda Mandal, Prakasam District,^Andhra Pradesh -523373.

¶2046

Polepalle Bhagyasree, D/o Polepalle^{Subbarao,.Aged.} l9^yis ,^{Occ. Student,} Neet Sore. 537, AlR. 74941, No^{Main Road, Komarole, PrakasamDistrict,} Andhra Pradesh - 523373.

¶2047

tO. Venkaiareddy Gari Bhanu^{Prakash Re-ddy, S/o Venkatareddy Ggll-L1[Ti} Narayana RdOdy, ngeO.^{19 yrs., Occ. Student' Neet Score.534,A1R 77317'} nyo 6-eSS, Esara-mma^{Nlgar,PrashanthiGramam, PuttaparthiDistrict'} Andhra Pradesh^- 515134.

¶2048

I48

¶2049

ll.Kadalakunta Sresta, D/o K.Ramesh Babu, Aged.20 yrs., Occ. Student, Neet Score. 534, AlR. 76952, F/o 2/158, OC Cotony, Baotupalii, Karadikonda, Ananthapur, Andhra Pradesh.

¶2050

12.Kasula S-a] Achyuth, S/o Kasula Nagaraju, Aged. i9 yrs., Occ. Student, Neet Score. 532, AlR. 79223, No 171210 B, Park-Road, Nandyal District, Andhra Pradesh - 518501.

¶2051

13.C.Charmika, D/o C.Ravindra Reddy, Aged. 19 yrs., Occ. Student, Neet Score. 532, AlR. 78864, R/o Gunthapalli, Manilalapall6 post, Goranfla Mandal, Satya Sai District, Andhra Pradesh - Sl 5231 .

¶2052

l4.Beerella S.ai Priya, D/o Beerella Naga Malleswara Rao, Aged.20 yrs., Occ. Student, Neet Score. 532, AlR. lg127, No D,no.23-1 16, Vishnukundi Nagar, Vinukonda, Guntur District, Andhra Pradesh - 522641 .

¶2053

l5.Yadavakunta Suresh Reddy, S/o Aged. 19 yrs., Occ. Student, Neet Score. 530, AlR. 80263, R/o 4/69, Kalamalla, YSR Kedapa District, Andhra pradesh - 516310.

¶2054

l6.Mungamuri Santhosh Kumar, S/o M. Venkata Ramanaiah, Aged.22 yrs., Occ. Student, l.leet Score.529, A|R.81266, R/o 1-28 A, ThorraludipaOir Vittage, Bandlamudi Post, Chimakurthy Mandal, Prakasam District, Andtira pradesh - s23226.

¶2055

...PETITIONERS

¶2056

AND

¶2057

1 .Union^{of lndia, Rep by its Secretary,Ministry of Law and Justice,4th Floor, A-} Wing, Shastri Bhawan, New Delhi - 110 00i. (email - [email protected])

¶2058

2 The_State of Telangana, Rep by the PrincipalSecretary, Departme-nt of Health, Medical and Family Weifare, Telarigana Secre[iriat,'BRKR Bhavan, 6th Floor, D-8lock, Hyderabad - 500022. Email. prlsecy_ [email protected]

¶2059

3 National Medical Commission, Rep. by the Board of Governors through its Joint Secretary, Poeket- 14; Seetor -8, Dwarka phase -1, New Delhil 11OO77 , tNDlA. (Email. [email protected])

¶2060

4 Directorate of Medical Educa-tion, Govdmment of Telangana, Koti, Hyderabad, E-mail. [email protected]

¶2061

5 Kaloii Narayanarao University of Health Sciences, Rep. by its Registrar, Nizampura, Warangal, Telangana 506007. (Email - knruhswg i'i [email protected])

¶2062

Petition under A(icte 226 of rhe Constiturion of tndia ,rrtiffil:i?ftll: circumstances stateci in the aifidavit fired therewith, the High court may be pleased to issue a writ, order, or direction more particurarry one in the nature of writ of mandamus

¶2063

a) Declaring G.O,Ms.No.72, DT. O3tOZt2O23 issued by the 2nd respondent state of rerangana, providing 100% reservation to rocar candidates of state of Telangana as ileoar. arbitrary, discriminatory and viorative of Articre 14 0f the constitution of rndia and wholy viorative of the raw raid down by the Honourabre supreme court in (i) Dr pradeep Jain and others v. Union of rndia and others (1984) 3 scc 654, (ii) Jagdish Saran v. Union of rndia (1980) 2 SCC 768, (iii) Dr Tanvi Behr v. Shrey Goer (2020) 13 scc 675, (iv) Chebroru Leera prasad Rao v. State of Andhra pradesh (2021) 1j SCC 401, (v) Satyajit Kumar v. State of

¶2064

t49

¶2065

Jharkhand 2o22 SC,C Online SC 954, and (vi) Deena Vadini Teachers Training lnstitute v. Stateof M.P:,2023 SCC Online SC 535,

¶2066

b) Oeclaring G.O.Ms.No.72, Df . O3lO7l2O23 issued by the 2nd respondent State of Telangana, providing 10O percent reservation to local candidates of State of Telangana in utter contraven(ion of Section 95 of the Andhra Pradesh Reorganisation Ad 2014 and the Andhra Pradesh Educational lnstitutions Regulation of Admissions Order 1974 issued vide G.O.P. No. 646 Education (W) Depa(ment Dated. 1O1O711979 and,

¶2067

c) Declare the NEET prospectus and notification DT- OGlO7l2O23, issued by the Sth respondent University in consequence to the impugned G.O.Ms.No.72, as illegal, without jurisdiction and in gross disobedience of the judgments passed by the Honourable Supreme Court, and consequently quash/set aside G.O.Ms.No.72, DT. O3lO7l2O23 issued by the 2nd respondent State and also the prospectus and notification DT. OGlO7l2023 issued by the Sth respondent university, and, d) Consequently direct the 2nd and Sth respondents to implement the reservation eligibility criteria in the State of Telangana, in the matter of admission into NEET MBBS and BDS Courses for the academic year 2023-24, as per the Andhra Pradesh Educational lnstitutions Regulation of Admissions Order 1974 issued vide G.O.P. No, 646 Education (W) Department Dated. 1010711979 and G.O.Ms. No.1^'14, HM and FW, DT. O5lOll2O17 and all other allied State Government instructions framed in consonance with Article 371 -D of the Constitution of lndia, and also in terms of Section 95 of THE ANDHRA PRADESH REORGANISATION ACT, 2014, and also in terms of the^judgments passed by the Hon'ble Supreme Court.

¶2068

lA NO: 1 OF 2023

¶2069

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 set aside the counseling held by the sth respondent following the amendment of reserving 100 percent seats introduced vide the impugned G.O.72,^DT. O3lO7l2O23 and consequently direct the 5th^{respondent to commence counseling} afresh for MBBS/BDS Courses for the academic^{year 2023-2024in terms of} G.O.Ms.No.114, HM and FW(Cl ) Dept. Dated.^51712017

¶2070

lA NO: 2 OF 2023

¶2071

r50

¶2072

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 stay the counseling being undertaken by the sth respondent university for MBBS/BDS Courses for the academic year 2023-2O24

¶2073

Counsel for the Petitioners: SRI p. THIRUMALA RAO

¶2074

Counsel for Respondent Nos. 1 & 3: SRI GADI PRAVEEN KUMAR (Dy. SOLICITOR GENERAL oF INDIA)

¶2075

Counsel for Respondent Nos. 2 & 4: SRI B. S. PRASAD,

¶2076

ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, TIEALTHAND FAMILY WELFARE

¶2077

Counsel for Respcndent No. 5: SRt A. PRABI{AKAR RAO, SC FOR KALOJI NARAYANA UNTVERSITY OF HEALTH SCIENCES

¶2078

WP NO: 24798 OF 2023

¶2079

Between:

¶2080

1 {,QoryTyq Padma, D/o.K.B.Sudhakar, Age.18 years, Neet Score.489, A1R.119629, Occ. Student, R/o 87-1,{O3-1064, Maruthi Mega City, X".oof , A.P. 518002.

¶2081

2 Y.frnlql,oorthy.-D/o Maram Bhaskar Rao, Age.^.lB years, Neet Score. 526, AlR. 83949, Occ. Student,_ Rllo. Hanuman heights Afpartment, Flat tto. CZ,

¶2082

-^{Anjaneya Peta 2nd Lane, Koretipadu, Guntur,i.p.SZ2OOZ.} 3. Ku-Juva Harshini, D/o Kuruva Vijay Kumar, AGE. 17 years Neet Score 1.493, AIR 1 1 531 7, Occ. Student, petiiioner being minor being rep by- h.i iain"i Kuruva.Vijay Kumar. R/o H..no. 21-405/19/3, Nlear Shelly S-choiil, fiTCcob;t, Adoni. Kumool distflct. Andhra pradesh - 5i9301.

¶2083

4- Vuddanti Harsha vardhan. S/o V.Harinath babu Age. 18 years, Neet score 481 , AtR 128297 , Occ. Student, R/o 7/580 NGO 6tony, Cf,i"^ibt ow[, A.P.516002.

¶2084

Awaru Vignesh, S/o A.Sarvesa, Age.1g yearg Neet soore. 4g3, AlR. 11546g, occ. student. Rr/o prot 36, Srinivaia ttagi., Fo?;ra-tur, sps r.ierrore oiit'rit, Andhra Pradesh.

¶2085

Modi Kalpana, D/o Modi Ramchandra Rao, Age. 19 years. Neet score .483 AlR. 126390, Occ. Srudenr, R/o H.no. i-Z-g, Nrii;,-Etrb;i:-N;;;#il

¶2086

^{Village, Kotabommatipost, Sinthabo.*"ti} fr4rn'Ori, Sridfrilii. ffifi;ltlF:" 7. G.ogiserty_Abhiram Sai. Sio Narendra KG;AG:id veir.,GJiL?. a'8i, AlR. 128323, Occ. Srudenr, ruo -o1o.-s,iSZi f.r"-rr. krt,in Frti.-'sintirr,

¶2087

^^{Lalaupuram, Guntur Rurat. cuntur,A.p.522011 . ' --}

¶2088

Pullakond,am Mounika, D/o pullakondam Srinirasutu, Age. 20 years, Neet Score. 507, AtR .10162S. Om. StuOeni, nt"-1tbOe. Sai Naoar Coton v

¶2089

^^{C_hinnamandemAnnamayya District,Andhiairade;[;i'62il'|luvqrvvrvrr!} 9. Medikurthi Chandana S'ai. Oio Sr'eenivasa f./lrit v Uf"Okrrfhy, Aged. 20 Igg.:,^N1"gt^{marks. 471, AtR 1382rs2,} oii. sird.nl, Ry;NGoS'C;i,rnj;, b:

¶2090

^{256, YSR Kadapa District.A.p. 516002}

¶2091

t0 Yld.d.araAdikya, D/o N.Govinda Rao, Aged 18 years, Neet Score.531 AIR_ !9!12.^{occ Srudenr.Rto Zo-137t1.brrirairr} Nr'sii,^{p.uhitdipri..lE.i#r}} Patnam, Visakhapatnam, A.p. - 530b27.

¶2092

l5l

¶2093

Duda Ramya Sri, D/o Duda Sambayya, Aged 18 Years. Neet Score. 391, AlR. 243554, Occ. Student, R/o D.No.3-18. Near Ramalayam, Valmiki Ngar, Jaddangi Village, East Godavari District, A.P. 533436.

¶2094

12.Thota Blravya Sree, D/o T.Veeraraghava Reddy, Ag€d 18 years, Neet Score. 475, AlR.. 13,450, Occ. Str.rdent, No 15-12, Thoopalli, Tatuputa, Anantapur, A.P.5155S1.

¶2095

13.Po9doju Jahnavi, D/o P.L.Srinivasa Rao, Aged 18 years, Neet Score. 477, AlR. 132092, Occ. Student, No 104-3-132. Ganesh Nagar, MRO Colony, East Godavari District, A.P. 533107.

¶2096

14.Jalla Rajith Bhargav, S/0 Jagga Bayappa, Aged 20 years, Neet Score. 400, Neet Rank. 230265, Occ. Student, No 5-22, Thurakavandlapalli (V) Talupula (M) Katarupalli (P) Kadiri (T) Sri Satya Sai District, A.P.

¶2097

lS.Allagadda Tushara Reddy, D/o A.Vijay Bhasker Reddy, Aged 18 years Neet Score. 542, AlR. 70883, Occ. Student, Rt/o Ptot No.27-A, Sri Sai Rajeswari Colony, Near Cine Hub, Kothapalle, Proddatur, YSR Kadapa Distict, A.P.516362'

¶2098

...PETraoNERs

¶2099

AND

¶2100

Union of lndia,, Rep by its Secretary, Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi 110 001. (email - secylaw{[email protected])

¶2101

Tfe State of Telangana,, Rep by the Principal Secretary, Department of Health, Medical and Family Welfare, Telangana Secretariat, BRKR Bhavan, 6th Floor, D-Block, Hyderabad - 50O022. Email. prlsecy_h mfw@telangana. gov. in

¶2102

3 National Medical Commission,, Rep by the Board of Govemors through its Joint Secretary, Pocket- 14, Sector - 8, Dwarka Phase -1, New Delhi - 11OO77, lNDIA. (Email. [email protected])

¶2103

4 Directorate of Medical Education,, Govemment of Telangana Koti, Hyderabad, E-mail. dmePtelangana.gov. in

¶2104

5 Kaloji Narayanarao University of Health Sciences,, Rep by its Registrar, Nizampura, Waransal, Telangana 506007. (Email - knruhswOllsggrgfa.flsPrr.

¶2105

¶2106

a)Declaring G.O.Ms.No.72, DT. 03.07 .2023 issued by the 2nd respondent State of Telangana, providing 100% reservation as illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of lndia and wholly violative of the law laid down by the Hon'ble Supreme Court in (i) Dr Pradeep Jain and Others v. Union of lndia and Others (1984) 3 SCC 654⁽ⁱⁱ⁾ Jagdish Saran^{v. Unionof lndia} (1980) 2 SCC 768 (iii) Dr Tan vi Behl v. Shrey Goel^{(2o2O) 13 SCC 67s (iv)} chebrolu Leela Prasad Rao v.^{State of Andhra Pradesh (2021) 11 SCC 401(v)} Satya,itKumarv.StateofJharkhand2022scconlineSC954and(vi)Veena Vadini Teachers Training^{lnstitute v. State of M.P., 2023SCConline SC 535}

¶2107

b)Declaring G.O.Ms.No.72,^{DT. O3-O7.2023issued by the 2nd respondent} state of Telangana,^{providingl o0percentge reservationto localcandidates of}

¶2108

152

¶2109

State of Telangana. in utter contravention of Section 95 of the Andhra pradesh Reorganisation Act 2o14 and the Andhra pradesh Educational lnstitutions Regulation of Admissions Order 1974 issued vide G.O.p. No. 646 Education (W) Department Dated. 10-07-1979 and

¶2110

c)Declare the NEET prospectus and notification DT. 06.07.2023, issued by the Sth respondent University in consequence to the impugned G.O.Ms.No.72, as illegal, without iurisdiction and in gross disobedience of the judgments passed by the Hon'ble Supreme Court and consequenfly quash/set aside G.O.Ms.No .12, DT. O3.O7.2O23 issued by the 2nd respondent State and also the prospectus and notification DT. 06.O7.2023 issued by the Sth respondent university, and

¶2111

d)Consequentiy ciirect the 2no ano Sth respondents to implement the reservation eligibility criteria in the state of relangana, in the matter of admission into NEET MBBS and BDS Courses for the academ ic year 2023-24, as per the Andhra Pradesh Educationat lnstitutrons Regulation of Aalmisiir-ons oder 1914 issued vide G.O-P. No. 646 Education (W) Department Dated. 10-07-1979 and G.O.Ms. No.114, HMandFW, DT. 05-07-2017 and all other altied State Government instructions framed in consonance with Article 371-D of the Constitution of lndia, and also in terms of Section.g5 of THE ANDHRA PRADESH REORGANISATION ACT, 2014, and atso in terms of the judgments passed by the Hon'ble Supreme Court

¶2112

lA NO: 2 OF 2O23

¶2113

Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pieased to stay the counseling being undertaken by the sth respondent university for MBBS/BDS Courses for the academic year 2023_2024

¶2114

IA NO: 1 0F 2023

¶2115

Petition urder section 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the Hrgh court may be preased to set aside the counseftng herd by the sth respondent fofiowing the amendment of reserving 100% seats introduced vide the impugned G.o.72, DT. o3.o7.2023 and consequently direct the 5th respondent to commence counsefiing afresh for MBBS/BDS Courses for the academic year 2023-2024 in terms of G.O.Ms.No..1 14, HMandFW(Cl ) Dept Dated. S-t_ZO1t

¶2116

153

¶2117

Counsel for the Petitioners: SRI P. THIRUMALA RAO

¶2118

Counsel for Respondent Nos. 1 & 3: SRI GADI PRAVEEN KUMAR

¶2119

(Dy. SOLlclToR GENERAL oF INDIA)

¶2120

Counsel for Respondent Nos. 2 & 4: SR! B. S. PRASAD,

¶2121

ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH AND FAM]LY WELFARE

¶2122

Counsel for Respondent No. 5: SRI A. PRABHAKAR RAO, SC FOR KALOJI NARAYANA UNIVERSITYOF HEALTH SCIENCES

¶2123

WPTITION NO: 24825 OF 2023

¶2124

Between:

¶2125

Bindu Bhavya Siddapu Reddy, D/o Siddapu Reddy Chenchu Rama Rao, Aged. 19 yrs. Occ. Student, Neet Score. 405, AlR. 222848, R/o 1-100/54, Vidya Nagar, 6th Line, Mulaguntapadu (V), Singarayakonda (M), Prakasam District, A.P. - 523101.

¶2126

Kandula Sudeepthi, D/o Kandula Giri Babu, Aged. 18 yrs, Occ. Student, Neet Score. 457, AlR. 154647, Wo 7-12711, Mala Palli, Uppugunduru (V), Naguluppalapadu (M), Prakasam District, Andhra Pradesh - 523186.

¶2127

3- Dupati Lakshmi Karthik, S/o D.Chandra. Mohan, Agd. 21 yrs, Occ. Student, Neet Score- 492, AlR. 116218, Rl/o 3- 41 , Ambedkar Nagar, Yerragondapalem, Prakasam District, Andhra Pradesh.

¶2128

Tarra Nikhitha, Dlo Iarra Satyanarayana, Aged. 19 yrs, Occ. Student, Neet Score. 511, A|R.98106, R/o 1€7lA, Pedda Veedhi, Kambakaya, Srikakulam District, Andhra Pradesh - 532421 .

¶2129

Mahima Palaparthy, D/o Muralidhar Palaparthy, Aged.^-19 yrs, Occ. Student, Neet Score. 418, AlR. 204271, Ri./o Flat no. 2O1 , Aparna Priyadaarshini Apartment, Sri Nagar Colony, Hyderabad, Telangana - 5OO073.

¶2130

Pippara Nikhiia Pallavi, D/o Satyananda Babji, Aged. 18 yrs, Occ. Student, Neet Score. 391, AlR. 243620, R/o 10-107/1, Arundathi Colony, Kothapeta, East Godavari District, Andhra Pradesh - 533229.

¶2131

Kasi Monika, D/o Kasi Rajakumar, Aged. 21 yrs, Occ. Student, Neet Score436, AlR. 180034, No 4-12213, Ambedkar Nagar, Devara Palli Village, Ravulapalem (M), East Godavari District, Andhra Pradesh - taar_rrtr,r,on.*,

¶2132

AND

¶2133

Union of lndia,, Rep by its Secretary, Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi - 110 001. (email - [email protected])

¶2134

The State of Telangana,, Rep by the Principal Secretary, Dqpartment of Health, Medical and Family Welfare, Telangana Secretariat, BRKR Bhavan, 6th Floor, D€lock, Hyderabad - 500022. Email. [email protected]. in

¶2135

National Medical Commission,, Rep by the^{Boardof Governors throughits} Joint Secretary, Pocket- 14, Sector - 8, Dwarka^Phase-1 ,^{New Delhi -} 1 1OO77, lND|A. (Email. [email protected])

¶2136

Directorate of Madical Education, Govemment of Telangana^{Koti, Hyderabad,} E-mail. [email protected]

¶2137

Kaloji Narayaharao University of Health Sciences,^{Rep by its Reglstrar,} Nizahpura, Warangal, Telangana 506007.^{(Email- [email protected],6?:ll|}

¶2138

154

¶2139

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased toto issue a wril, order, or direction more particularly one in the nature of writ of mandamus

¶2140

a) Declaring G.O.Ms.No.72, DT. 03.O7.2023 issued by the 2nd respondent State of Telangana, amending Rute 3 Sub rule (lt) (d) and (e) of the Telangana Medical and Dental correges Admissions (Admissions into MBBS and BDS courses) Rules, 201 7, providing 100% reservation to local candidates of state of Telangana as illegal, arbitrary, discriminatory and violative of Article 14 of the constitution of lndia and who y violative of the law laid down by the Hon,ble supreme coun in ( i ) Dr^pracieep iain anci others v. union of inciia ancl others (1984) 3 scc 654. (ii) Jagdish Saran v. Union of tndia (1980) 2 scc 768. (iii) Dr Tan vi Behl V. Shrey Goet (2020) t3 SCC 675. (iv) Chebrolu Leela prasad Rao v. state of Andhra Pradesh (2021) 11 scc 4o1. (v) satyajit Kumar v. -state of Jharkhand 2022 scc online sc 954. and (vi) Veena vadini reachers Training lnstitute v. State of M.p., 2023 SCC Online SC 535.

¶2141

b) Declaring G-o.Ms-No.72, DT. o3to7tzo23 issued by the 2nd respondent State of relangana, inserting and adding a new crause namery (h) after existing clause (g) of Rule 3 Sub rure ([) of th€ Tetangana Medicar and Dentar co[eges Admissions (Admissions into Ir.4BBS and BDS courses) Rules, 2017, provirJing 100 Percent resei'vation tc rocar candidates cf state of relangana in utter contravention of section 9s of the Andhra pradesh Reorganisation Act 2014 and the Andhra Pradesh Fducationa! !nstitutions Reguration of Admissions orde!- .rg74 issued vEe G.O.P. No. 646 Education (W) Department Dated. fifOVISTS and.

¶2142

c) Declare the NEET prospectus and notification DT. o6to7l2o23, issued by the Sth respondent University in consequence to the impugned G.O.Ms.No.72, as illegal, without juris<Jictiorr and irr gross disobedience of the judgments passed by the Honourable Supreme Court, and consequen y quash/set aside G.O.Ms.No.72. Dr' $rc7 2023 issued by the 2nd respondent State and arso the prospectus and notification Df . O6lOt t2023 issued by the 5th respondent university, and.

¶2143

d) Consequen y direct the 2nd and Sth respondents to implement the reservation eligibility criteria in the state of rerangana, in the matter of admission into NEET MBBS and BDS Courses for the academic year 2OZ3_24, as per the Andhra Pradesh Educationar rnstitutions Reguration of Admissions order 1974

¶2144

155

¶2145

issued vide G.O.P. No. 646 Education (W) Department Dated. 10/07/1979 and G.O.Ms. No.114, HMandFW, DT. O5lO7l2O17 a(fr all other allied State Govemment instructions framed in consonance with Article 371-D of the Constitution of lndia, and also in terms of Section 95 of THE ANDHRA PRADESH REORGANISATION ACT, 2014, and also in terms of the^{judgments passed} by the Honourable Supreme Court.

¶2146

lA NO: 1 OF 2023

¶2147

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^{maybe pleasedto set} aside the counselling held by the sth^{respondentfollowing the amendment of} reserving 100% seats introduced vide the impugned G.0.72,^{DT: O310712023 and} consequently direct the Sth respondent to commence^{counselling afresh for} MBBS/BDS Courses for the academic^year 2023-2O24 in terms of G.O.Ms.No.'l'14, HM and FW(C1) Dept. Dated: 51712017

¶2148

lA NO: 2 OF 2023

¶2149

Petition under Section 151 CPC^praying that in^{the circumstancesstated in} the affidavit filed in support of the^petition, the^{HighCourt maybe pleased to stay} the counselling being undertaken by the Sth respondent^{universityfor MBBS/8DS} Courses for the academic year 2O23-2024

¶2150

Counsel for the Petitioners: SRI P. THIRUMALA^RAO

¶2151

Counsel for Respondent Nos.¹ & 3: SRI^{GADI PRAVEEN KUMAR} (oy. SoLlClToR GENERAL oF INDIA)

¶2152

Counsel for Respondent Nos. 2 & 4: SRI B. S. PRASAD,

¶2153

ADVOCATE GENERAL FOR SRI N. PRAVEEN KUMAR, GP FOR MEDICAL, HEALTH AND FAMILY^WELFARE

¶2154

Counsel for Respondent No. 5: SRI^{A. PRABHAKAR RAO'}

¶2155

SC FOR KALOJI NARAYANA^{UNIVERSITY OF HEALTHSCIENCES}

¶2156

WP NO :24826 OF 2023

¶2157

Between:

¶2158

1 Ganoanaboina Tharun dttj""i'ilr.rJJt s*t".^{szl, Sai. A1R 82941, S/o G.Chinna Venkateswarlu, Rl/o 2-98, Kambhampadu, Aged 20 Macherlayls'.Oc9} Mandal. Palnadu^{District, Andhra Pradesh.}

¶2159

l5(r

¶2160

Sanku Vasishta, D/o Sanku Venkata Ramakrishnan, Aged_ 19 yrs, Occ. Student, Neet Score. .520, AIR 89756, Rtio Ftat no."308, VUdyiiowOi Apartment, Vuayawada, Krishna District, Andhra pradesh - 520010.'

¶2161

fggotj .gay_a-thri, D/o Pagoti Baburao, Aged. 19 yrs, Occ. Student, Neet Score. l_1?' ll F^{4994,ny-o KambjkayaViila-seand Fost, Narasa nnabeti-tui naar,} \jnkakulam District, Andhra pradesh.

¶2162

Mungamuri Sowmya,.D./o M_Venkata Ramanaiah, Aged. 20 yrs, Occ, Student, Neet.. Score._ 499, AtR 109266, Ryo 1_28 A,^{-Thorradudipadu} Villaoe. Bandlamudi Post, Chimakurthy Mandat, prakasam Oistrict, "nnOhii Frad;"h-: 523226.

¶2163

Shalivahana Kasturi Smruti, Dio K.Kesanna, Aged. ig yrs, Occ. Student, Neet Score. 494, AlR. 114211, Rt/o D.no.1/7A, Kesiva Corirptbx, pattkdd;';;i; load,^{GootyRS,AnanthpurDistrict,Andhra pradesh.}

¶2164

Pakoju Sumanth, S/o Dakoju-Venu Gopata Rao, Aged.21 yrs, Occ. Student, Neet Score, 492, AtR. 1i6609, rud fat no.C- S, xra'ntiit^-Ftaza- Venri

¶2165

_^{Apartrnents,Vizianagaram District. Andhra pradesh-} 535003.

¶2166

^{Apartrnents,Vizianagaram District. Andhra pradesh-} 535003. /. latanaboina venkata Sai Keerti, D/o Tatanabhoina Trivikram Rao. Aoed 1g years, Neet Score. 484, A.tR 12500,0, Occ. Srudenr, R/o 1_3a SaO7i, Sll eaOi

¶2167

_ llgSar,^{5 Lane,Palakaluru Road,Gujianangundla,} Guntur_522006. 8. Kilaparthi Divya Sri, D/o_ Kitap^arthi Krishni, Age. ig V".i., fVe.i Score.482, A1R.126913, Occ. Srudent, Rl/o 504. A bto;k. Sai ligrutni-Ap;,fi;G: Katheru, Rajahmundry. A.p. -533105

¶2168

g. 9ypgflg Akash,, S/o.Suragala jagadeesh babu, Age. 18 years, Neet Score 153-,^{AIE: 1592s0, Occ} .Student,^{yS^Opp} Kondimpera ,oia,'rr4jriinigji Rajam, Vizianagaram District, A.p. - $2ii

¶2169

1. Yellamilli K-aushik,.S/o yaltamilli t\i,turatidhar, Age. 1g years, Neet Score.451, A1R.161896, Occ. Student, R/o ptot tgi2b,^"street ra, ijaninavati *fd"V,

¶2170

_ _^{Manikonda, Hyderabad, Telangana.} 11.Nela^pa_ti Nikshipth, S/o. Nelapiti prasada rao, Age.19, Neet Score.451 , AlR. '161679. Occ. Studenr Ryo. Kotha Harijana Feta, ftronOjngi M;d;i;: Bendapudi, A.P. - 533406.

¶2171

12.Sri lshitha, D/o Battu Sarath Ba.hu, Age. 11 , Neet Score _ 443, AlR. 171257, occ. 9tudent, Peitioner being minor is"repreieniec by her father gouce. aitt.; Sarath Babu S/o Subbarao-, Agg R/o.9_3_29. i^W p"ii'Opp-er,i'O.O?ii municipal school, Eluru district, A.p. -534001 .

¶2172

1 3. Chedallda J-essy Rachel,^D/o Checjaiada Joseph, Age.19 years, Neet Score. 1,?9:4lR^{2q1613,. occ srudenr, R/o. 21-8{2A odp covtpress} ouJitoi,

¶2173

_ .^{MQyatampagu,satyanarayanapuram,Viiayawada} A.p^_11

¶2174

Kasanuru Madhu Hima V_aishnavi, , Olo. K.S.MaOhusudhan Age.21 , Neet S-e4re. 451:=AtB.162283. Occ. Student. nyo. u.lioiO_Ag+lS euri.1p"t", V6H Kadapa, A.P. - 516002.

¶2175

15' Eslqla^Harini, D/o Estarafvtarakondaiah. Age. 19 years, Neet score.422 ArR. 198783, Occ. Studenr nyo. O.ruo. 7_O_t'di S"r"tii Nagar 1st tine, Guntur District, Ap.

¶2176

16.Thanneeru Kamvashree, D/o. Ttranneeru Srihari Rao Age. i7 years Neet Score .492. AlR.- 116397, O"". StrJ"ri F."tiiioi"r'U"ing minor is reo bv her father Thanneeru srihari ni", eg; aH,'nii''FiJiT.rJzrz, VNS Murti rowers. Vidya Nagar, Addanki, Bapatta oEiii"i, A"iil.l'Frro"urt _ s232o1

¶2177

AND ...PETITIONERS

¶2178

¶2179

ff i!ls["i.1ni:$#,,li".-"il$f,^{i1'6,t31"(:'.'j1,,:::,.ffi,5ijx$,:,i"'o-} IFfi:ffi "!',fi^:lg'trilf -^{fi r"?#:,r"i[i]H','s:::iiy,,fsdidxsiil,"} 6th Ftoor, D-Btock, Hydera'bad -sbooz i E,i"iili,r!!""vi _r* tela nga na. go v. in

¶2180

157

¶2181

National Medical Commission, Rep by the Board of Gorernors through its Joint Secretary, Pocket- 14, Sector - 8, Dwarka Phase -1, l.lew Delhi - 1 1OO77, lNDlA. (Email- mcibol.net.in)

¶2182

Directorate of Medical Education, Government of Telangana Koti, Hyderabad, E-mail. [email protected]

¶2183

Kaloji Narayanarao University of Health Sciences,, Rep by its Registrar, Nizampura, Warangal, Telangana 506007.

¶2184

...REspoNDENrs Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particularly one in the nature of writ of mandamus

¶2185

a) Declaring G.O.Ms.No.72, DT. 03.07.2023 issued by the 2nd respondent State of Telangana, providing l0Opercent reservation to local candidates of State of Telangana as illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of lndia and wholly violative of the law laid down by the Hon'ble Supreme Court in (i) Dr Pradeep Jain and Others v. Union of lndia and Others (1984) 3 SCC 654. Jagdish Saran v. Union of lndia (1980) 2 SCC 768. (iii) Dr Tanvi Behl v. Shrey Goel (2O20) 13 SCC 675. (iv) Chebrolu Leela Prasad Rao v. State of Andhra Pradesh (2021) 11 SCC 401. (v) Satyajit Kumar v. State of Jharkhand 2022 SCC Online SC 954. and (vi) Veena Vadini Teachers Training lnstitute V. State of M.P., 2023 SCC Online SC 535

¶2186

b) Declaring G.O.Ms.No.72, DT. 03.07.2023 issued by the 2nd respondent State of Telangana, providing 1007o reservation to local candidates of State of Telangana in utter contravention of Section 95 of the Andhra Pradesh Reorganisation Act 2O14 and the Andhra Pradesh Educational lnstitutions Regulation of Admissions Order 1974 issued vide G.O.P. No. 646 Education^(W) Department Dated. 1O1O711979 and.

¶2187

c) Declare the NEET^prospectus and notification DT.06.07.2023, issued by the sth respondent University in consequence to the impugned G.O.Ms.No.72, as

¶2188

r58

¶2189

illegal, without jurisdiction and in gross disobedience of the judgments passed by the Hon'ble Supreme Court. and consequently quash/set aside G.O.Ms.No.72, DT. 03.07.2023 issued by the 2nd respondent state and also the prospectus and notification DT. 06-07.2023 issued by the Sth respondent university, and.

¶2190

d) Consequently direct the 2nd and 5th respondents to implement the reservation eligibility criteria in the state of relangana, in the matter of admission into NEET MBBS and BDS Courses for the academic year 2023-24, as per the Andhra Pradesh Educational lnstitutions Regulation of Admissions order 1914 issued vide G.o.P. No. 646 Education (\r'/) Depadment Dated. 10-07-1979 and G.O.Ms. No.1 14, HM and FW, DT. OS-OT-2017 and ail other afiied State Govemment instructions framed in consonance with Articre 371-D of .the constitution of lndia, and also in terms of section 95 of rHE ANDHRA PRADESH REORGANISATION Acr, 2014, and also in terms of the judgments passed by the Hon'ble Supreme Court.

¶2191

lA NO: 1 OF 2023

¶2192

Petitlcn under Section 1s1 cpc praying that in the circurnstances stated in the affidavit filed in support of the petition, the High court may be pleased pleased to set aside the counselring herd by the 5th respondent fofiowing the amendment of reserving 100% seats introduced vide the impugned G.0.22, DT. o3.or.2023 and consequently direct the Sth respondent to commence counseling afresh for MBaUBDS courses for the academic yea( 2023-2024 in terms of G.o.Ms.No.114 HM and FW(C1)Dept. Dated. Sl7t211t

¶2193

lA NO:2 OF 2023

¶2194

Petition under Section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cou.t may be preased preased

¶2195

159

¶2196

to stay the counseling^{beingundertakenby the 5th respondent university for}

¶2197

MBBS/BDS Courses for the^{academicyear2023-2024}

¶2198

Counsel for the Petitioners:^{SRI P' THIRUMALARAO}

¶2199

Counsel for Respondent^{Nos.1 & 3: SRI,GADIPRAVEEN KUMAR}

¶2200

(Dy. SOLICIToR GENERAL OF^INDIA)

¶2201

Counsel for Respondent^{Nos'2 & 4: SRI B. S. PRASAD,} ADVOCATE GENERAL^FOR SRI N. PRAVEEN^KUMAR, GP FOR MEDICAL,^{HEALTH AND FAMILY WELFARE}

¶2202

Counsel for Respondent No. 5:^{SRI A' PRABHAKARRAO,} SC FOR KALOJI NARAYANA^{UNIVERSITYOF HEALTHSCIENCES}

¶2203

The Court made the following:^{COMMON ORDER}

¶2204

¶2205

THE HOI{'BLE THE CHIEF JUSTICE AI'K'ARADTIE AI{D

¶2206

THE HON'BLE SRI JUSTICE N.V.SHRAVAN KT'IIIAR

¶2207

Writ Petition Nos- r8o4z, L82L6, L92Lo, 20,676, 2oaao, 21oo8, 231OO, 23101, 23LO2, 23103, 23LO4, 23105, 23106, 23tO7, 2310a, 2sLO9, 23110, 23LL2, 23198, 23t99, 23200, 23267, 2336t, 23362, 23363, 23364, 233159, 23374, 2337A, 233A2, 23390, 23412, 23444, 234s4, 23472, 234A7, 23sO9, 23s11, 23513, 23617, 2363L, 23667, 23679, 23719, 23734, 23772, 23774, 2382s, 23440, 23859, 23494,23908, 7tO52, 2Q62, 24{J66, 24L2L, 24L22, 24L2a, 24t79, 24L9O, 24285, 24372, 24379, 24461, 2449 L, 247 46, 24755, 2479A, 24825 ard 24826 of 2023

¶2208

COMMON ORDER: Per the Ho^'bte the ChieI Justie AIok Aradle)

¶2209

The petitioners are local candidates of State of Andhra Pradesh and are aspirants seeking admission to MBBS/BDS Courses in the State of Telangana uflder the non-local category. In these petitions, the petitioners have impugned the validity of Rules (3XIDG), @) (h) and Rule (3)(III)(a) which have been substituted vide G.O.Ms.No.72, dated O3.O7.2O23, in Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2O17 (hereinafter referred to as 'the 2017 RulesJ. In order

¶2210

¶2211

to appreciate petitioners' grievance, reference to few facts is necessary which are stated infra.

¶2212

{iI FACTUAL MATRIX:

¶2213

The factual matrix lies in a narrow compass. The Parliament enacted National Medical Commission Act, 2019. Under the Act, National Medical Council was constituted with effect from 25.09.1990. The National Testing Agency (NTA) issued a norilication on O6.O3.2U23. In pursuance of the aforesaid notification, the petitioners as well as other candidates submitted their applications between 6tr, March, 2023 arrd 6rh April, 2023 for appearing in National Eligibitity-cum-Entrance Test undergraduate examination (hereinafter referred to as^.NEET UGJ. NEET UG examination was held on OT.OS.2O23. The results of the said examination were declared on 13.06.2023. Thereafter, the Rules were amended on O3.O2.2O23 by which IOO% reservation has been provided in respect of 85% of competent authority quota seats in favour of local candidates in educational institutions established after 02.06.2014 i.e., the date_of formarion ot State of Telangana.

¶2214

¶2215

Thereafter, the University issued notification on 06.07.2023 inviting online applica.tions for admission to MBBS/BDS courses in the State of Telangana.

¶2216

In the aforesaid factual background, the challenge has been made to validity of Rules (3XIU (d), (e), (h) and Rule (3)(lll)(a) of the 2Ol7 Rules which have been substituted, vide G.O. Ms. N o.7 2, dated O 3.O7 .2023.

¶2217

{iil OR"DER OF HON'BLE SUPREME^COURT:

¶2218

It is relevant to mention herein that some of the petitioners in this batch of writ petitions had filed a writ petition under Article 32 of the Constitution of India which was registered as W.P (Civil) No.916 of 2023. The aforesaid writ petition was dismissed by Honble Supreme Court dated 31.08.2023. The said order reads as under:

¶2219

"1. Heard learned counsel for ttre petitioners and the learned counscl for the intervenors/impleadors.

¶2220

l*arr.cd counsels have not satisfied us^{as to} the reason for frling the^{petition underArticle 32 of} the Constitution o[ [nd.ia,^{particularly when the writ} invotving similar^{questionsare pending before the} High Court.

¶2221

¶2222

[rarned counsels state that t]rere is urgency in the matter. If that be so, we see no reason why the High Court would not take up the matter expeditiously to pass interim orders if tl-e Court consiclers it appropriate and in accorda-nce with [aw.

¶2223

The writ petition and the apptications for intervention/impteadment and direction are. accordingly, dismissed-

¶2224

Pending application (s), if any, shall stand disposed of."

¶2225

(iiil STTBMISSTONS ON BEHALF OF PETITIONERS:

¶2226

learned counsel for the petitioners in

¶2227

W,PNos. 18216, 24746, 24ZSS, 24298, 24825 and, 24826 of 2023 has submitted that thle 2OIZ Rules have been enacted under Sections 3 and 15 of the Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 19g3 (hereinafter referred to as^.the l9g3 Act,). It is further submitted that the amendment to the 2O 17 Rutes results in violation of fundamental rights guaranteed to the petitioners under Articles 14, 15 and 16 of rhe Constitution of India, the Andhra Pradesh Educational lnstitutions (Regulation of Admissions) Order, 1974 (hereinafter referred to as .the

¶2228

¶2229

Presidential OrderJ and Section 95 of the Andhra Pra<iesh Reorganisation Act, 20 14 {hereinafter reflerred to as the Reorganisation Act). Therefore, the State Government hasno power to amend the Rules. [t is also urged that except for the Presidential C)rcler, the State Government has no power to place restriction in the matter of admission to MBBS/BDS courses on the basis of place of birth/residence. It is also argued that the amendment to the 2Ol7 Rules is in contravention of Article 13(2) of the Constitution of India. Therefore, the same is void. It is also urged that in view of the mandate contained in Article 16(3) of the Constitution of India, the State Government has no power to amend the Rules.

¶2230

Alternatively, it is submitted that the prescription of 1OO7o reservation for adrnission to MBBS/BDS courses in respect of local candidates of the State of^Telanganais contrar5r to the decision of^{the HonbleSupreme Court in}

¶2231

¶2232

Pradeep Jain v. Union of Indiat and Satyajit Kumar v. State of Jharkhandz

¶2233

7 . The attention of this Court has been invited to paragraphs 37 and 42 of the common order dated 29.08.2023 passed by a Division Bench of this Court in W.P.No.21268 of 2023 and it is submitted that rhe learned standing counsel for the University has argued in the said batch of writ petitions that the presidential Order applies to admission to medical courses and is the basis for framing the 2OI7 Rules. It is contended that the amendment to the Rules is in violation of the presidentia-l Order and is therefore contra-ry to Article 37 I D of the Constitution of India. It is further submitted that the amendment is violative of Section 95 of the Reorganisation Act

¶2234

B. It is argued that after declaration of the results of NEET UG on 13.06.2023, the 2OIT Rules have been amended which is not permissibte, as the Rules of the

¶2235

I (1984) 3 SCC 654 ? 2022 SCC Online SC 9S4

¶2236

¶2237

game cannot be changed midway. [t is pointed out that Section 95 of the Reorganisation Act mandates the State Government to maintain quota for admission to educational institutions for a period of ten years. The petitioners, therefore, had legitimate expectation that the State Government would maintain the quota for admission to non-local candidates, in view of Section 95 of the Reorganisation Act. However, by amending the 2Ol7 Rules, the legitimate expectation of the petitioners has been violated. Reliance has been placed on the decisions of the Hon'ble Supreme Court in S.Prakasha Rao v Commissioner of Commercial Taxess and in Veena Vadini Teachers Training lnstitute v. State of Madhya

¶2238

Pradesh.+.

¶2239

I-earned counsel for the petitioners 1n W.P.Nos.18047, l92l0, 2O88O, 23 101, 23102, 23103, 23tO4, 23105, 23106, 23rO7, 23rO8, 23tO9, 23rLO, 2319a, 23199, 23200, 23267, 2336r, 23362, 23363, 23364, 23369, 23374, 23378, 23382, 23390, 23412,

¶2240

3 {1990) 2 S'CC 259 4 2023 SCC OnLine SC 535

¶2241

¶2242

23444,23513, 24t2t, 24t22, 24L28 arrd 24329 of 2023 has adopted the submissions made by learned counsel for the petitioners in W.P.Nos. 182 16, 24746, 24ZSS, 247ga, 24825 and 24826 of 2023 and has submitted that G.O.Ms.No.72, dated O3.O7.2023 insofar it pertains ro Rule {3XIIXh)^of the 2Ol7 Rules is in utter disregard to the principles laid down by the Hon,ble Supreme Court in Indra Sawhney v. Union of lndias and in Chebrolu Leela Prasad Rao v. State of Andhra pradesho. It is further submitted rhat G.O.Ms.No.72, dated O3.O2.2023 is restrictive in nature and imposes unr.easonable restriction on th.e process of admission in medical UG courses in the State o[ Telangana. While referring to the decision of Hon'ble Supreme Court in Chebrolu Leela prasad Rao (supra), it is contended that the Supreme Court has deprecated the conduct of the Government of Andhra Pradesh and Telalgana in making reservations beyond permissible limits. It is urged that the reservations cannot be contrary to the Presidential Order.

¶2243

s AIR 1993 SC 477

¶2244

6 (2021) I I SCC 401

¶2245

¶2246

Learned counsel for ttre petitioners IN

¶2247

W.P.Nos.21OO8, 23i98 and.23894 of 2023 has adopted the submissions made by learned counsel for the petitioners in W.P.Nos. 182L6, 24746, 24755, 24798, 24825 and 24826 of 2023 and has relied on decisions o[ Division Bench of this Court in Phanindra Kumar Nagisetty v. NTR University of Health SciencesT and Dr. Sireesha Simhadri v. State of Andhra Pradesha.

¶2248

i 1. I-earned counsel for the petitioners in W.P.Nos. 23LOO, 23112, 2s4s4, 236t7, 23679, 23719, 23734, 23425, 23840 and 23859 of 2023 has adopted the submissions made by learned counsel lor the petitioners in W.P.Nos. 182L6, 24746, 24755, 2479a, 24825 and 24826 of 2023.

¶2249

(ivl SUBMISSIONS ON BEHALF OF STATE:

¶2250

On the other hand, learned Advocate General, at the outset, clarifred that under the amendment to tl:.e 2OI7

¶2251

7 20 16 SCC OnLine Hyd 624 I 2022 (21ALD 6s8 (AP) (DBl

¶2252

¶2253

Rules which have been impugned in these writ petitions, 85% of competent authority quota seats alone have been reserved for local candidates for the State of Telangana and it is open for the petitioners as well as the candidates of other States and Union Territories to participate in l5%o of All tndia Quota seats. The aforesai d lSVo AII India euota remains intact notwithstanding the amendment in the Rules and the same cannot be taken away by the State Government.

¶2254

[t is submitted that amendment to thC 2O17 Rules was made on 03.O7.2023. Thereafter, the University issued a notification on O6.O7.2023 inrriting applications lor registration for counselling for admission to MBBS/BDS courses. Therefore, it is contended that on the facts of the case, the doctrine of legitimate expectation has no application. It is. also urged that in any case, the candidates of other States and Union Territories cannot have legitimate expectation to seek reservation in the institutions which have been established after formation of the Statc of.Teiangana i.e., 02.06.2014.

¶2255

¶2256

It is argued that Section 95 ol the Reorganisation Act only refers to tJle exisling quota arrd the mandate contained in Section 95 of the Reorganisation Act has not been violated by the State of Telangana as the quota has been maintained in respect of the institutions as on 0I.06.2014 in respect of 2O colleges which were in existence in the State of Telangana. It is argued that section 95 of the Reorganisation Act does not apply to the seats in the institutions which have come into existence alter 02.06.2014. It is a-lso urged that the word 'existing quota' used in Section 95 cannot have reference to future seats in educational institutions i.e., seats not in existence on 02.06.2014. [,earned Advocate General while inviting the attention of this Court to Section 95 of the Reorganization Act, has contended that the Presidential Order applies to State of Andhra Pradesh as well as the State of Telangana.

¶2257

It is argued^{that amendmentin the 2Ol7 Rulesis in} consonarrce^with-- lhe^{Statement and Objects ofthe} Reorganisation^{Act. It is contended that the amendmentis}

¶2258

¶2259

in consonance with paragraphs 5 and 6 of the presidential Order. It is submitted that the petitioners have no right to seek admission against quota reserved for local candidates in respect of 34 medical colleges in the State of Telalgana which have been established after 02.06.2OL4.It is further pointed out that out of the 34 colleges, 20 institutions are government institutions whereas 14 educationa-l institutions are set up by private entities.

¶2260

It is also argued that State of Telangana enjoys. a special status under Article 37lD of the Constitution and therefore, the decision of Hon,ble Supreme Court in Pradeep Jain (supra) does not apply to the fact situation of the case. [n support of the aforesaid submission, reliance has been placed on the decision of the Hon,ble Supreme Court in Reita Nirankani v. Union of Indiae and Sandeep

¶2261

v. Union of India ro. [t is contended that under the Presidential Order in respect of .institutions established after 02.06.2014, the State Govemment can prescribe reservation.

¶2262

e (1984) 3 SCC 706 ro (2o IC>l 2 scc 328

¶2263

¶2264

(vl SUBMISSIONS ON BEHALF OF UNTVERSITY:

¶2265

l,earned Standing Counsel for the University in some of the writ peLitions has contended that the intent and object of the Presidential Order is to provide equitable distribution of seats amongst local area and the petitioners are from the State of Andhra Pradesh. [t is further submitted that similar reservation was provided by the State of Andhra Pradesh and the petitioners have availed of the beneht of reservation in their favour to the extent of lOO% in the State of Andhra Pradesh. The petitioners now want the admission against the seats in medical colleges which are mezrnt for local candidates of State of Telangana. It is reiterated that the law laid down in Pradeep Jain (supra) does not apply to the State of Telangana and the decision of Hon'ble Supreme Court in Chebrolu Leela Prasad Rao (supra) refers to employment in a scheduled area and does not apply to a case of educational institutions

¶2266

¶2267

It is fairly submitted by the learned standing counsel for the University that if there is any discrepancy in the seat matrix, which has been published for admission to MBBS/BDS courses and the statement made by learned Advocate General with regard to the impact of the Rules, the seat matrix would be set right.

¶2268

lvil RE.IOINDER SUBMISSIONS ON BEHALF OF

¶2269

PETITIONERS:

¶2270

lrarned counsel for the petitioners, by way of rejoinder, submitted that the decision of the Hon'ble Supreme Court in Sandeep (supra) does not apply to the facts of the instant case and the contention made by Iearned Advocate General and learned standing counsel flor University, that decision of Hon,ble Supreme Court in Pradeep Jain (supra) does not apply to the State of Telangana is incorrect. It is also argued that the provision under Section 95 of the Reorganization Act was made for a period of ten years. However, arrangement which was made after bifurcation of States, namely State of Telangana and the State ol'Andhra Pradesh has continued for a period of

¶2271

¶2272

nine years and no plausible explanation has. been offered

¶2273

on behalf o[ the State Government, to change the same in the last year.

¶2274

lviil ANALYSIS:

¶2275

We have considered the submissions^{made on both} sides and perused the record.

¶2276

ISSUES:

¶2277

The issues which^{arise for considerationin these writ}

¶2278

petitions can be summarised^{as under:}

¶2279

O Whethe.r the State^{Legislatureis @mpetent to amend} the 2017 Rules?

¶2280

(i4 Wether impugned'^{omendmentin the 2017Rulesis} in uiolation of^{the PresidentialOrder' 1974 and} therefore,^uoid?

¶2281

(iil) Whether^{impugn'edomendment in tLe 2O17 Rulesis} repugnant^{to Article 371D of tle Constitutionof lndia} and^{SectiongS of theAndhraProdesh} Reo^{rg anis atio n Act, 2 O 1 4?}

¶2282

¶2283

(ir) Wlrcther tLrc petitioners lud a tegitimate expctation under Section 95 of the Andlra pradesh Reorganization Act, 2O14 uthich had been uiotated. by. emendment of the 2O 17 Rules, on 03.O2.2023?

¶2284

(u) Whether rules of the game haue been chonged, miduog by uay of amending the 2017 Rules, on O3.O7.2O23? and

¶2285

(ui Whether the reseruation to the extent of l00ok in fauour of local candid.ates of the State of Telangana can be prouided in respect of g So/o of the mmpetent authority quota seats in ed.ucational institutions set up after 02.06.2014 i.e., formation of State, bg way of amendment in tLe 2Ol7 Rules, and. if yes, uthether the same is pennissible?

¶2286

We now proceed to deal r.r,ith the issues ad_ seriatim.

¶2287

lssue No.{il

¶2288

(E Whether the State Legistature is conqreterzt to am.end the 2O7Z RuLes?

¶2289

Z5 The State Legislature in exercise o[ powers conferred by Entry 25 of the Concurrent List to the Seventh Schedule

¶2290

¶2291

of the Con stitution of India has enacted arl. Act, namely Telangana Educational lnstitutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983. Section 3 of the 1983 Act deals with regulation of admission into educational institutions. Section 3 enables the Government to frame Rules. Section IS of the 19g3 Act deals with powers of the State Government to rnake rules for carrying out the purposes of the Act. In exercise of powers under Section 3 read r.t ith Section l5(l) of the 19g3 Act, the 2Ol7 Rules have been framed.

¶2292

From perusat of paragraph 3 of G.O.Ms.No.ll4, dated 05.O7.2O12 reads as under:

¶2293

NOTIF tCATION

¶2294

In exercise o[ the powers conferred by Section 3 read with sub_section (l) of Section 15 of the Telangana Educational Institutions (Regulation of Admission and prohibition of Capitation Fee) Act, 1983 (Act No.S of f 983), in supersession of the earlier rules regarding preparation of seat matrix and the selection procedure for admission into MBBS & BDS Courses in the Competent Authoritlr quota, the Covernor of Telangana hereby makes the rules for

¶2295

¶2296

preparation^{of seat matrix and the selectlon} p.o..dr."^{for admissioninto MBBS &BDS} Courses^{underthe Cornpetent Authority Quota:-}

¶2297

These^{Rulesmay be called the Telangana} Medical^{& Dental CollegesAd'mission (Admission} into MBBS^{& BDS Courses)Rules'2O17'}

¶2298

Thus,^{itis evident that the 2017 Rules have been} framed^{under the 1983 Act' Section 15 of Telangana} General^{Clauses Act, 13O8 Fasli provides that powerto} make rules^{includes the power to add' vary or rescind'} Therefore,^{the State Government has power to amendthe} 2O t7 Rules^also '^{The validityo[ neither Section 3 nor} Section 15^{of the 1983 Act has been assailed by the} petitioners in^these Petitions'

¶2299

The relevant^{extract of Article35 of the Constitution} of India reads^{as under}

¶2300

Legistation^{to grve effect tothe} provisions of this^{Part- Notwithstandinganything in} this Constitution,-

¶2301

(a)l Parliament shall^{have,and the legislature of a} State sha-ll not have,^power to make^laws-

¶2302

(i) *ith respect to arly of the matters which under clause (3) of article 16, clause (3) of articlc 32.

¶2303

¶2304

article 33 and article 34 may be provided for. by law made by Parliament; and

¶2305

(ii) for prescribing punishment for those acts which are declared to be offences under this^Part,

¶2306

And Parliament shall, as soon as^{may be after} the commencement o[ this Constitution,^{makes laws} for prescribing punishment^{for the acts referred to in} sub-clause (ii)

¶2307

Article 16 of the Constitution^{of [ndia dea]swith} equality of opportunity in^{thematters ofpublic} employment. Article^{16(3)readsas under:}

¶2308

16r Equality of^{opportunityinmatters of}

¶2309

public emPlo5rment.-⁽¹⁾ xxx

¶2310

(2) xxx

¶2311

(3) Nothing in this article^shallprevent Parliament from making^{any law prescribing,in} regard to a class or^{classes of employmentor} appointment to^{an officcunder the Government of, or} any local or other^{authoritywithin,a State or Union} territory, any requirement^{as to residencewithinthat} State or Union Territory^{priorto suchemplo5rmentor} appointment-

¶2312

2a. Thus,^perusa-t of^{Article 35(a) inconjunction with} Article 16 makes it^{clear that Parliament is competentto} make any law^{withregard toclass orclassesof} employment or^{for appointmentto an office under the}

¶2313

¶2314

¶2315

Government of, any local or other authority within a State or Union Territory, any requirernent as to residence within that State or Union Territory prior to such employment or appointment. Neither the l9g3 Act nor ttre 2Ol7 Rules or arnendment thereof deal with employment or appointment to an office . Therefore, the contention that under Article 16(3) of the Constitution of Ind.ia parliament a-lone has power to make the impugned Rules and State tegislature has no competence to amend the 2OLZ Rule s is misconceived. Therefore, the issue No.(i) is answered in the affirmative by stating that the State [rgislature is competent to amend the 2Ol7 Rules.

¶2316

lssue No. Iii)

¶2317

(it) Whether impugned. amend.ment in the 2Ot7 Rules ts in violation o! the presid.ential Ord.er, 7974 a.nd. thereJore, void.?

¶2318

In Rule (t)(v), rhe expression .competent authority seats" has been defined to mean as follou,s:_

¶2319

(v) "Competent Authc seats' mea,,s the sears eannarked from out o, *"'nt, : sanctioned intake of seats in MBBS/BDS courses ,r, to be filled bv nre commiuee ,.. or-,.lltl^clttece rsrons constituted by the competent Authority.-

¶2320

Rule (3)(tII) ot |ne 2OrZ Rules deals with Rules of reservation for admission. Rule (3)(III)(1) reads as under:

¶2321

Rule (3)(IUf : Rules of Reservation for Admission (AREA| Seats shall be reserved for the tollowing categories in admissions to professional cours CS (l) Region-wise reservation o[ seats:

¶2322

(a) admission to t of the 'competent Authority Seats' in .."n the rocar candidates,-"T:":#j,[ :r":r:.': ;: Competent Authority seats shall be unreserved seats as specifred rn the An rdhra Pradesh Educational Institutions(Regulations rnd Admissionsl ord'er, L9z4 subsequenfly amended.

¶2323

(b) In respect of State side institutions, admission into g57o of seats in each course shall be reserved for the candidates belonging to three local areas in the State specified in this sub rule namely, Andhra Universitlz Area (Andhra), Osmania Universitlr Area (Telangana) and Sri Venkateswara Universitlr A-rea (Rayalaseema) in the ratio of 42:36:22 respectively and the balance of LSo/o seats shall be unreserved seats:

¶2324

¶2325

Trre^{2Ql7 Rules were amended by G'O'Ms'No'72'} dated^{03.O7.2023, w|nrdnreads as under:}

¶2326

AMEND^MENT

¶2327

In the said^{rules, in Rule 3'-}

¶2328

(1) In sub-ruleJl,

¶2329

(a) For clause^{(d) & (e)' the following shallbe} substituted,^namelY'

¶2330

"d) 85%^{of seats (competent authority quota) are} reserved^{for local candidates in non-statewide} institutions^{aldl5o/o seats ofcompetent} authority^{quota are treated as un-reservedseats} in colleges^{establishedpriorto 2"d June' 2O14"'}

¶2331

"e) 15%^{o[ competentauthority quota seats strall} be unreserved^{in each cotlegeand reservaLion} shall be^{maintained as fa-r as possiblefor un-} rescrved^{seatson totalseatsavailable in colleges} established^{prior to 2"dllune,2O 14"'}

¶2332

(b) After existrng^{clause (g), the followingnew} clause shall^{be added namelY:-}

¶2333

"h) In cotteges^{established altet2"d June' 2014'} lOOTo of seats^{underCompetentAuthority Quota} are reserved for^{Iocal candidatesandall} appticable reservations^{shallbe implemented"'}

¶2334

Rule 3(llll(al

¶2335

-(a) admission to 8570 of the "Competent Authority Seats" in each course shall be reserved for rhc loca,l candidates and the rematning lS%o of the "Competent Au [hority Seats" shaJl be i

¶2336

¶2337

unreserved seats as specified in the Tel.angana Educational Institutions^(Regulations and Admissions) Order, 1974 as amended^{from time} to time, in ttre colleges established^{prior to 2'd} June,2014".

¶2338

Thus, before^{proceeding further, it is apposite to take} note of the stand taken^{by learned AdvocateGeneralwhich} has been recorded by us in^{paragraph 12 of this order'} Thus, in sum and substance,^{prior to amendment of the} 20 17 Rules on 03.O7.2023,^{85o/o of the competentauthority} quota seats were reserved^{for local candidatesinnon-} statewide institutions,^{whereas tS%oseats weretreated as} unreserved seats.^{Under the unamended Rules,15o/oo[ the} seats were unreserved^{in each college and it was directed} that reservation shall^{be maintained as far as possible for} unreserved seats^{on total seats available '}

¶2339

¶2340

After the amendment,^{with effect from O3'O7'2O23,} 85% of compet€nt^{authority quota seats are reserved for} local candidates in^{non-statewideinstitutionsand 157o of} competent authority^{quota seats are treated as unreserved} in colleges established^{prior to 02'06'2014' Similarly,157o}

¶2341

¶2342

o[ competent authority quota seats are. treated as unreserved in each college established prior to 02.06.2014.

¶2343

It is pertinent to note that on 02.06.2Ot4, there were 20 medical colleges in the State. The quota o[ BSo/o of competent authority quota seats and of l1o/o of competent authority quota seats i-e., A[ India euota for admission to MBBS/BDS courses is maintained, even after amendment of the 2Ol7 Rules as on 02.06.2014- In the State of Telangana, 34 educational institutions have been set up atter 02.06 20 14. After the amendmeq!, gSjlo o[ competqlrt authorit5, quota seats had been reserved for tocal candidates. whereas candidates of remaining States of the country including the State of Andhra pradesh as well as of ttre Union Territories can seek admission in MBBS/BDS course in respect of LSo/o quota of competent authorit5z quota seats for admission to MBBS/BDS courses. Thus, it is evident that reservation to the extent of IOOVo has not been provided by amending the 2017 Rules.

¶2344

[n exercise of powers conferred by clauses (l) and (2] o[ Article l]71D ol ttre Constitut-ion of India, presidcnt has

¶2345

2'l

¶2346

made an Order, namely Andhra Pradesh. Educational Institutions (Regulation of Admissions) Order, 1974. From perusal of Section 97 of tlae Reorganisation Act, it is evident that the Presidential Order applies to State of Telangana. Paragraph 2(1Xb), (e) and (f) which dehnes 'local area" , 'statewide educational institution" and 'statewide university" read as under:

¶2347

(b) "local area in respect of any University or other educationa-l institution means the local area specified in paragraph 3 of this Order for the purposes of admission to such University or other educational institution.

¶2348

(e) 'State-wide educational institution" means an educational institution or a department of an educationa-l institution specifred in tl.e Schedule to this Order.

¶2349

(f) 'State-wide Universit/ means the Andhra Pradesh Agricultural University constituted under the Andhra Pradesh Agri'cultural University Act, 1963 (Andhra Pradesh Act 24 of 1963), or the Jawaha-rlal Nehru Technological University constituted under the Jawaharlal Nehru Technological University Act, 1972 (Andhra Pradesh Act 16 of 19721 lor the Nizams lnstitute of Medical Sciences constituted under the Nizams Institute of Medical Sciences act, 1989 (A.P.Act No. r3 of 1989)1.

¶2350

¶2351

Paragraph 3 of the presidentia-l Order divides the State in three local areas namely, Osmania Universi.ty l,ocal Area (OU Area), Andhra University t ocal Area (AU Area) and Sri Venkateswara University Local Area (SVU Area)

¶2352

Paragraphs 5 and 6 read as under:

¶2353

Reservation in non-State-wide Universities and educational institutions: (i) Admission to eighty-five percent of the available seats in every coursc o[ study provrded by thc Andhra Universit5r, the Nagarjuna University, the Osmania University, the Kakat rya University or Sri Vcnkateswara Unfilersit5z or by any educational institutions (other than a State_ wide Univcrsity or a State-wide &lucational lnstitution) will bc subject ro rhc control of the State Government shall be resen,ed in favour of the candidatcs rn relation to thc local area in respect of such University or othcr educational institution.

¶2354

(2f Whilc determining under sub_paragraph (I) the numbcr of scats to be reserved in favour of loca_l candidates aJIy fraction of zr seat shall be counted as one: Provided that therc shall be atleast one unrcserved scat-

¶2355

6- Reservation in State_wide Universities and State-wide Educational Institutions:_ (l) Admission to eight'ln,c pcrccnt-o[ ttic qvaitablc seats in every

¶2356

¶2357

course of study provided by a State-wide University or a State-wide educational institution shall be reserved in favour of local candidates ald allocated among the local candidatcs in relation to the local areas specified in sub-paragraph (1), sub-paragraph (2) and subparagraph (3) of paragraph 3, in the ratio ot 42:36:.22 respectively.

¶2358

Provided that this sub-paragraph shall not apply in relation to any course of study in which the total number o[ available seats does not exceed three.

¶2359

(21 While determining under sub-paragraph (1) the number of seats to be reserved in favour o[ the local candidates, any fraction of seat sha-[ be counted as one: Providcd that there shall be atleast one unreserved seat.

¶2360

(3) While allocating under sub-paragraph⁽ I) the rescrved seats among^.the local candidates in relation to diflerent local areas, fraction of a seat shall be adjusted by counting tl.Ie greatest fraction as one and, if necessaqr, also the greater of the remaining fractions as another; and, where the fraction to be so counted carnot be selected by reason of the fractions being equal, the selcction shall be by lot:

¶2361

Provided that there shall be atleast one seat allocated for the local candidates in respect of each Iocal area,

¶2362

Paragraph 5 of the^Presidential Order^provides that in case oI non-statewide universities and^educational institutions, out o[ the available seats, 85%o o[ the seats

¶2363

)1,

¶2364

shall be reserved in favour of local candidates.in relation to loca-l area. Paragraph 6 provides that g5% of the available seats in every course of study prouided by a state_wide university or a state-wide educational institution shall be reserved in favour of local candidates.

¶2365

Thus, if paragraphs 5 and 6 of the presidential Order and the amendment to thre 2OlT Rules is read together, it is evident that the amendment of the 2O 17 Rules is in consonance of the paragraphs 5 and 6 of the presidentia_l Order, as it provides reservation to the extent of g5% of the competent authority quota seats in favour of the local candidates. Therefore, the contention that the impugned amendment in lLre 2Ol7 Rules is in contravention of the Presidential Order and is therefore void, is sans substance. Therefore, the issue (ii) is answered in the negative and it is held that the impugned amendment is not in violation of the Presidential Order and theisame is not void.

¶2366

¶2367

Issue l\Io .Tiiil

¶2368

(iii) Whether impugned amendment in the 2O7T Rules is repugna.nt to ArticLe 3TID o! the Constitution of India q.nd. Section 95 of the And.hra^pradesh Reorganisation Act, 2Ol4?

¶2369

Section 95 of the Reorganisation Act is reproduced belor.l, for the tacitity of reference:

¶2370

Equal opportunities for quality higher education to all students: [n order to ensure equal opportunttres for quality higher education to a_ll students in the successor States, the existing admission quotas in all government or private, aided or unaided, institutions of higher, technical and medical education in so far as it is provided under Article 37 I D of the Constitution, shall continue as such for a period of ten years during which the existing common admission process shall continue.

¶2371

[t is saluta-ry principle of interpretation of statute, that u,hile interpreting it, effort should be made to give effect to each and every word used by the legislature. The Court should alu,ays presume that the legislature has inserted every pirrt thereof for a purpose and the legislative intention is that every part of the statute should have

¶2372

¶2373

effect. (See State of Uttar^{Pradeshv- Dr. Vijay Anand} Maharajrrl. The aforesaid^{principle ofstatutory} interpretation was^{approvedby a Constitution Bench of} Hon'ble Supreme Court in^{Nathi' Devi v'Radhadevi} Guptatz.

¶2374

In Section 95 ol the^{ReorganisationAct,the} legislature has used the^{expression'existingadmission} quotas'. Section 95 is clear and^{unambiguous.On plain} and literal interpretation of^{Section95, it is evident that} the same mandates the successor^statlzs, 4amely State^of And.hra Pradesh and State^{ofTelangana tomaintain} 'existing admission quotas' in all^{government or private,} aided or unaided, institutions of^{higher, technica'l and} medical education for a^{period ol} ten^{years.The aforesaid} provision refers to the quota in all the^{said institutionson} the date of commencement^{of the Act, i.e., 02.O6.2014, as} Legislature has expressly referred^{to "existing admission} quotas". Section 95 does not apply to^{seats in educational} institutions which come into existence^{after O2-06-2014. By}

¶2375

'I^{AIR 1963 SC 946} rz 12005) 2 SCC 217

¶2376

J_)

¶2377

amending the 2Ol7 Rules the State Legislature has provided reservation in respect of 85% competent authority quota seats in respect of educational institutions which had been set up after 02.06.2014

¶2378

At this stage, we may take note of the relevant extract of Article 371D of the Constitution of India.

¶2379

371D. Special provisions with respect to the State of And-hra Pradesh or the State of Telangana -

¶2380

(l) The President may by order made with respect to the State of Andhra Pradesh or the State of Telangana, providc, having rega-rd to the requirement of each State, for equitable opportunities and facilities for the people bclonging to different parts of such State, in the matter of public employmcnt and in the matter of education, and different provisions may be made for various parts of the State.

¶2381

(2) An order made under clause (I) may, rn particular,-

¶2382

(a) require the State Government to organise any class or classes of posts in a civil servicc of, or any class or classes of civil posts under, the State into different local cadres for di[ferent parts of the State and allot in accordance with such principles and procedure as may be specified in thc ordcr the persons holding such posts to the local cadres so organiscd:

¶2383

¶2384

(b) specify any part or parts of the State which shall be regarded as the loca_l area-

¶2385

(r) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwisel under the Statc Government ;

¶2386

(ii) for direct recruitment to posts in any cadre under any local authority within the State; and

¶2387

(rii) for the purposes o[ admission to any University within the State or to any other educational institution which is subject to the control of the State Government,

¶2388

(c) specify the extent to which, the manncr il^{wli9lr and th9 cqnditigqgsubjcct} to^which, preference oa reservation shall be given or made_ (i) in the matter of direct rccruitment to posts in any such cadre referred to rn sub-clause (b) as may bc specihed in this behalf in the order:

¶2389

(ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as

¶2390

may be speciFred in this bchalf in the ordcr, to or in favour of candidates who har.e resided or studied for any period specified in the order in the tocal area in respect of such cadre, University or othcr educational institution, as the casc may be.

¶2391

44 . Thus, Article 37 l D provides for special provisions in respect o[ State of Telangana and the Statc of Andhra

¶2392

¶2393

Pradesh. In exercise of clauses (1) and (2) of Article 37lD of the Constitution of lndia, the President has framed Presidential Order. While dealing with issue No.(ii), it has already been held that the same is in consonance with the Presidential Order. The amendrnent incorporated in the 2017 Rules is not in contravention with Article 371D of the Constitution of India as the same also makes a provision for local candidates in respect o[ 85olo of the competent authority quota seats.

¶2394

For the aforesaid mentioned reasons, the inevitable conclusion is that the amendment to 2Ol7 Rules is neither violative of Section 95 of the Reorganisation Act, 2Ol4 nor Article 371D of the Constitution ol India. Accordingly issue No.(iii) is answered.

¶2395

Issue No.livl

¶2396

(ial Wlether the petitioners had a legitimate expect@tion under Section 95 of the Andhra Pradesh Reorganisation Act, 2O74 nthich had

¶2397

¶2398

been violated bg amendment of ttrc 2OlZ Rules, on O3.O7.2023?

¶2399

Legitimate or reasonable expectation may arise from an express promise given on behalf of a public authority- It may also arise from existence of a regular practice which a claimant can reasonably expect to continue (See R v. Secretary of Transport Exporte Greater London Councilr3). In Bannari Amman Sugars Ltd. v. Commercial Tax Oflicerr4, the Hon,ble Supreme Court u,hile dealing with the doctline of legitimate expectation in paragraph 20 held as under:

¶2400

ln Shrijee Scles Corpn. v. Ilnion of Indiq l(19971 3 SCC 3981 it was observcd thar once public interest is accepted as the superior cquity which can override individual equity the principle would bc applicable even in cases where a period has been indicated for operation of the promise. I[ there is a supen,ening public equity, the Government would be allowed to change its stand and has the power to wrthdraw from represcntation made by it which induced pcrsons to take certain steps which may havc gonc adverse to the interest of such persons on account of such withdrawal. Moreover, the Governmcnt is

¶2401

'3^{11985) 3 A .ER 3OO} L. (2OOs) I SCC 625

¶2402

¶2403

competent to rescind from the promise even if there is no manifest public interest involved, provided no one is put in any adverse situation which cannot be recCiFred. Similar view was expressed in Pawa.n Atlogs and Co'stilng e) Ltd. v. U.P. SEB[(1997|. 7 SCC 251 : AIR L997 SC 39101 and in SIlOv. Shree Durga Oil llfttls [(1998) I SCC 5721 and it was further held that the Govemment could change its industrial policy if the situation so wa-rranted and merely because the resolution was announced for a particular period, it did not mean that the Government could not amend and change the policy under any circumstances- If the party claiming application of the doctrine acted on the basis of a notifrcation it should havc known that such notifrcation was liable to be amendcd or rescinded at any point of time, if the Government felt that it was necessary to do so in public intercsl .

¶2404

A Constitution Bench of the Hon'ble Supreme Court in Sivanandan C.T v. High Court of Keralars dealt with the doctrine of legitimate expectation. In paragraphs 18, 29, 4L and 60 of decision, it is held as under:

¶2405

The basis of the doctrine o[ legitimate expectation in public law is founded on the principles of fairness and non-arbitrariness in government dealings with individuals. It recognizes that a public authority's prornise or past conduct wilt give rise to a legitimate expectation. The doctrine is premised on the notion that

¶2406

ts 2023 SCC Online SC 994

¶2407

¶2408

public authorities, while performing their public duties, ought to honor their promises or past practices. The legitimacy of al expectation can be inferred if it is rooted in law, custom, or established procedure. (Salemi v. Macke llar l|l9 7 4 I{CA 261.

¶2409

A claim based on the doctrine of procedural legitimate cxpectation a_rises where a claimant expects the public auttrority to follow a particular procedure bcforc taking a decision. This is in contradistinction to the doctrine of substantive legitimate expectation wherc a claimant expects conferra_l of a substantive beneht based on the exrsting promise or practice of the public authority- The doctrine of substantive legitimate expectation has now been accepted as an integral part of both ttre common law as well as Indian jutrisprudence.

¶2410

4L. Thc doctrine of legitimate e*pectation docs not impr:de or hinder the power of the public authoritics to lay down a policy or withdrdw it. The public authoriry lras the discretion to exercise the full range of choiccs avarlable within its executive power. The public authority often has to take into consideration diverse factors, concerns, and interests before arriving at a particular policy decision. The courts are generally cautious in interfering with a bona fide decision of public authorities which denies a legitimate expectation proi,ided such a decision is taken in the larger pubtic intercst. Thus, public interest serves as a limitation on thc application of the doctrine of legitimate expectation. Courts have to determine whether the public interest is compclling and sufi-rcient to outweigh the legitimatc cxpcctation of thc claimJnt. While performing ir

¶2411

¶2412

balancing exercise, courts have to often grapple.with the issues o[ burden ald standard of proof required to dislodge the claim of legitimate expectation.

¶2413

6O. The following are our conclusions in view of the above discussions:

¶2414

(r) The principles of good administration require tJlat the decisions of public authorities must withstand the test of consistency, transparency, and predictability to avoid being termed as arbitrary and violative of Article 14;

¶2415

(ii) An individual who claims a benefit or entitlement based on the doctrine of substantive legitimale expectation has to establish the following : (i) the legitimacy of the expectation; and that (ii) the denial of the legitimate expectation led to a violation of Article 14;

¶2416

(iii) A public authority must objectively demonstrate by placing relevant material before the court that its decision was in the public interest to frustrate a clairn of legitimate expectation;

¶2417

(iv) The decision of the High Court of Kerda to apply a minirnum cut-off to the viva voce exa.nination is contrary to Rule 2(c)(iii) of the 1961 Rules.

¶2418

{v) Thc High Court's decision to apply the minknum cut-off marks for the viva voce frustrates the substantive legrtimate expectation of the petitioners. The decision is arbitrar5r and violative of Arl icle I4.

¶2419

¶2420

(vi) In terms of relief, we hold that it w_ould be contrary to the public interest to direct the induction of the petitioners into the Higher Judicial Service after the lapse of more than six years. Candidates who have been selected nearly six years ago cannot be unseated. They were all qualified and have becn serving the districr judiciary of the state. Unseating them at this stage would be contrary to public intercst. To induct the petitioners would be to bring in new candidates in preference to those who are holding ludicial^office for a length of time. To deprive the state and its citizrns of the benefit of these experienced judicial officers at a senior position would not be in public interest.

¶2421

Section 95 of the Reorganisation Act maxdates that the successor states, namely State of Andhra pradesh and State of Tela:ngana to maintain existing admission quotas, in all government or private, aided or unaided, institutions of higher, technical and medical education for a period of ten years. The aforesaid provision refers to the quota in all the said institutions on the date of commencement of the Act, i.e., 02.06.2014, as legislature has expressly referred to "existing admission quotas,,. Section 95 does not apply to seats in educational institutions u/hich come into

¶2422

¶2423

existence after 02.06.2O14. By amending the 2017 Rules the State kgislature has provided reservation in respect of 857o competent authority quota seats in respect of seats in educational institutions which had been set up after 02.06.2014. Thus, the petitioners who are admittedly the local candidates o[ the State of Andhra Pradesh cannot have any legitimate expectation under Section 95 of the Reorganisation Act to claim a right 1n respect of seats which came into existence in 34 educational institutions set up in the State of Telangana after the formation of the State.

¶2424

In Madras City Wine Merchants' Association v State of Tamil Nadu16, the Honble Supreme Court in paragraph 52 hetd that doctrine of legitimate expectation applies only in the held of administrative law ald it is not permissible to invoke the doctrine as against the Iegislation. Relevant extract of paragraph 52 reads as under:

¶2425

It was by a rule (subordinate legislation) in exercise of thc powers conferred kry Sections 17 -C, L7t6 (t9941 5 SCC 5O9

¶2426

¶2427

D, 2I and 54 of the Tamil Nadu prohibition Act, 1937 licences under Bar Rules came to be granted . Those Rulcs have been repealed by exercise of the same powers under Sections 17 -C, 17 -D, 2 I and 54 of thc Prohibition Act. Therefore, this is a case of legislation. The doctrine of legitimate expectation arises only. in the field of administrative decisions. It the plea of legitimate expectation relates to procedural fairness there is no possibility whatever of invoking the doctrine as against the legislation...

¶2428

Therefore, in view of the aforesaid enunciation of law

¶2429

by Hont-rle Supreme Court, it is evident that the doctrine of legitimate expectation cannot be invoked against legidation. Therefore, the issue No.{iv} iS dnswered by stating that the petitioners did not have any legitimate expectation under Section 95 of the Reorganisation Act and therefore, the question of its violation by amendment of the 2O I7 Rules does not arise.

¶2430

lssue No.{vl

¶2431

(u) Whether rules of the gamc have been changed miduay bg wag o.f amending the 2OlZ Rules on o3.o7.2023?

¶2432

¶2433

The National Testing Agency (NTA) issued a notification on O6.O3.2023, in pursuance of which the petitioners as well as other candidates submitted their applications between 6tn March, 2023 and 6th April, 2O23 for apgrearing NEET UG examinations. The NEEI UG examination was held on 07.O5.2O23. The results of the said examination were declared on 13.06.2023. On the basis of the aforesaid examination, the admissions were to be made to medical colleges situated in the State of Telangana as per th.e 2Ol7 Rules. The aforesaid Rules were amended on 03.07.2023. Thereafter, the notification was issued on 06.07.2023 by the University inviting online application for admission to MBBS/BDS courses in the State of Telalgana. Therefore, the amendment by way of Rules had been made prior to commencement of the process of admission to MBBS/BDS courses in the State of Telangana. Therefore, the contention that the rules of the game had been changed midway is misconceived in the facts of the case. Accordingly, the issue No.(v) is answered.

¶2434

¶2435

Issue No. (vil

¶2436

(ut) Whether the reser.)a:tion to the exterf of IOOo/o in Ja uour of local candidates of the State of Telo,,ngana c<zn be prouided in respect of gS% oJ the conqretent authoritg quoto. seats in educqtionq.l institutiotts sef, up after 02.06.2074 i.e., Jortnation o! State, bg uag of amcndment in the 2O7T Rules, and iJ ges, uhether the samc is pennissible?

¶2437

[n Pradeep Jain (supra), a three-Judge Bench of Hon'ble Supreme Court dealt with the question whether admission to a medical collegE or any other institution of higher learning situated in the State can be confined to those who have their domicile within the State or who are resident within the State for a specihed number of years or can any reservation in admissions be made for them so as to give them precedence over those who do not possess domicile or residential qualification within the State irrespective of merit. The i tr^{on'ble SupremeCourt in}

¶2438

¶2439

paragraph 2O, which is extracted below for the facility of reference, held as under:

¶2440

The only question which remains to be considered is as to what should be the extent of reservation based on residence requirement and institutional preference. There can be no doubt that such reservation cannot completely exclude admission of students from other universities and States on the basis of merit judged in open competition. Krishna Iyer, J., rightly remarked in Jagdish Saran case [(1980) 2 SCC 768 : AIR 198O SC 82O : (1980) 2 SCR 83fl at pages 845 and 846 of the Report: (SCC p. 778, para 221

¶2441

"... reservation must be kept in check by the demands of competence. You cannot extend the shelter o[ reservation where minimum qua-lifications are absent, Sirnilarly, all the best talent cannot be wholesale completely excluded by reservation. So, a certain percentage, which may be available, must be kept open for meritorious performance regardless of university, State and the like. Complete exclusion of the rest of the country [or the sake of a province, wholesale banishment of proven ability to open up, hopefully, some dalit talent, total sacrifrce o[ excellence at the altar of equalisation - when the Constitution mandates for every one equality before and equal protection o[ the law - may be fatal folly, se[f-defeating

¶2442

¶2443

educational technolos/ and antinationa_[ if made a routine rule of State policy. A fai r preference, a reasonable reservation, a just adjustment o[ the prior needs and real potential of the weak with the partial recognition of the presence of competitive merit - such is the dynamics of social justice which animates the three egalitarian articles of the ConsLitution."

¶2444

We agree whotly with these observations made by the learned Judge and we unreservedly condemn uholesale reseraation made by some of the State Governments on the basis of "domicile" or residence requirement within the State or on the basis of institutional prcference, for students who have passed the qualifying examination held by the university or thc Statc excluding all students not satistying this requirement, regardless of^rmerit- We declare such wholesale reservation to be unconstitutiona] and void as being in violation of Article l4 of the Constitution.

¶2445

The aforesaid decision in pradeep Jain (supra) was considered by another three-Judge Bench in Reita Nirankari (supra). The order passed in Reita Nirankari (supra) supra reads as under:

¶2446

I. Some o[ thc students seeking admission to thc MBBS coursc in this academic year have made an application to this Court that the Judgment delivercd on June 22, 1984 [ Pradccp Jain v Union of India.

¶2447

¶2448

(1984) 3 SCC 6541 in the medical admission cases may be given effect to only from the next academic year, because admissions have already been made in the medical colleges attached to some of the Universities in the country prior to the delivery of the Judgment on June 22, 1984 and moreover, some time would be required for the purpose o[ achieving uniformity in the procedure relating to admissions in the various Universities. We accordingly issued notice on the application to the learned advocates who had appeared on behalf of the various parties at the hearing of the main writ petitions as also to the Attorney General ald after hearing them, we have come to the conclusion and this is accepted by all parties that in view of the fact that all formalitics for admission, including the holding of entrance examination, have been completed in some of the States prior to the Judgment dated J,une 22, L984 and also since some time would be required for making the necessaqr preparations for implementing the^judgment, it is not practicable to give effect to thc judgment from the present academic year and in fact compelling some States to give effect to the Judgrnent from the present academ.ic year when others have not, would result in producing inequality and if all the States were to be required to implement the^judgment immediately, admissions already rnade would have to be cancetled and fre sh entrance examinations would have to be held and this would require at least 2 or 2^y2 months delaying the commencement of t}Ie academic term apart from causing immense hardship to the students. We therefore dircct that thc^judgment

¶2449

¶2450

shall be implemented with effect from the next academic year 1985-86. Whatever admissions, provisional or otherwise, have been made for the academic year 1984-85, shall not be disturbed on the basis of the judgment. We may make it clear that the judgment will not apply to the States of Andhra Pradesh and Jammu and Kashmir because at the (lme ol hearing o[ the main writ petitions, it was pointed out to us by the learned advocates appearing on bchalf of those States that there were special constitutional provisions in regard to ttrem which woulcl need independent consideration by this Court.

¶2451

This orde r will form part of the main judgment dclivcred on June 22, 19A4.

¶2452

Hon'Lrle Supreme Court in Saadeep (supra) in a petition Frled by the petitioners under Article 32 of the Constitution of India dealt vgith the question whether the primary eligibility criteria for appearing in super speciality entrance examination in the States like Andhra pradesh, Telangana and Tamil Nadu can be confined only to the candidates having their domicile in other States. In paragraphs 19 and 20 of the aforesaid judgment, the Honble Supreme Court referred to decision in Reita Nirankari (supra) and held as under:

¶2453

Aftcr the said judgment was delivered, the said three-Judge Liench passecl a clarihcatory order

¶2454

¶2455

in Reito Nirankoi [Reita Nirankari v. Union of tnd-ia, (1984) 3 SCC 706l wherein the Court considered three aspects, one of which is relevant for the present case. We reproduce the sarne: (SCC pp. 7O7-7O8, para ll

¶2456

"I- ... We may make it clear that the judgrnent will not apply to the States of Andhra Pradesh and Jammu and Kashmir because at the time of hearing of tl-e main writ petitions, it was pointed out to us by the learned advocates appearing on behalf of those States that there were special constitutional provisions in regard to them which would need independent consideration by this Court."

¶2457

The aloresaid clarifrcatory order has its owrr signifrcance, for it undeniably excludes the applicability of the domicile test stated rt Prad.eep Jain fPradeep Jainv. Union .of Indio, (f984) 3 SCC 6541 in respect of the State of Andhra Pradesh.

¶2458

2O. At this stage, it urould be appropriate to refer to C. Surekhn [C. Surekha v. Union of India, {I9a8l a SCC 5261. The said case arose from Osmania University in Andhra Pradesh. The petitioner therein had passed from tl.e said University and he intended to take the All India Entrance Examination for admission to PG medical course in 1988. He had challenged the constitutional validity of Articles 371D(2XbXirr) and⁽⁴⁽⁴ of the Constitution as well as the Presidentia-l Order as a consequence of which the students of Andhra Pradesh have been excluded for compe ting in the afolqsg{d examination. The ftr''o-

¶2459

¶2460

Judge Berich referred to the decisions in pradeep Jain [Pradeep Jainv. [Jnion of Ind.ia, (1984) 3 SCC 654f and Reita Nirankon [Reita Nirankari v. union of India- (L9a4l 3 SCC 706l and nored the stand of the Union of India and Andhra Pradesh in their respective countcr-aflidavits that had asserted that institutions in the State ofAndhra Pradesh were kept out from the purview o[ the scheme in view of the decision rendered in Pradeep Jain [Pradeep Jain v. [Jnion of Ind.ia, egaal 3 SCC 6541 . The Court a.lso took note of the fact that the issue was kept opcn in Reita Nirankari [Reita Nirankoi v. Union of India, (t994l 3 SCC 7O6l , a-nd referred to thc pronouncements in p. Sambamurthg v. State of A.p. p. Sambamurthg v. State of A.P., (1987) I SCC 362 : (t9a7l 2 ATC SO2l ,^Minerua Mills Ltd. v. [Jnion of India [Minerug_ Mllts Ltd. v. Union ol Intia, (1980) 3 SCC 625l , S.p. Som1nth Kumar v. (Jnion of India {5.p. Sampath Kumorv. Union of India, (1985) 4 SCC 458: l9g5 SCC (L&S) 9861 and reiteratcd the principle that Article 37 l-D(3) was valid because clause (lO) of Article 37ID provides as follows: (C. Surekhn case lC. SurekJto v. Union of India, (1988) 4 SCC 526l , SCC p. 531, para 4)

¶2461

"4_ ...'37L-D. (31 The provisions of this Article and o[ any order made by t]re President thereunder shall have effect no(wlthstanding anything in any other provision of this Constitution or in any other law for the time being in force..'

¶2462

¶2463

Thereafter, in paragraphs 36 and 37, it was held as under:

¶2464

We have referred to the aforesaid^judgments in extenso as the learned counsel appearing for the petitioners have laid immense emphasis that there cannot be reservation o[ any kind in respect of postgraduate or super specidlity courses regard being had to the law laid down by many a^judgment of this Court. It is urged that the State of Andhra Pradesh and Tel,angana cannot apply the domicile test only to admit its own students and that too also in respect of l5% quota meant for non-local candidates. We have already analysed the factual score and the legal position. The undivided State of Andhra Pradesh enjoys a special privilege granted to it under Article 371-D of thc Constitution and the Presidential Order. The^judgments of the larger Bench do not refer to the said Article nor do they refer to the Presidentia-l Order, for the said issue did not arise in the said cases. A scheme has been laid down tn Pradeep Jain [Pradeep Jain v. Union of Innia,⁽ 1984] 3 SCC 65a] and the concept of percentage had undergone certain changes. In Reita Nironkori lReito Nirankari v. Union ol Indio, (1984) 3 SCC 7O6l , the samc three-Judge Bench clarified the position which we have already reproduced hereinbefore. However, in C. Surekha lC. Surekhav. Union of India, ll9a8l 4 SCC 5261 , the Court had expressed its view about the amendment o[ the Presidential Order regard being had to the passage of time and the advancement in the State of Andhra Pradesh. It has been vehcmcntly

¶2465

¶2466

urged by Mr Marlapalle ttrat despitc 27 years having been elapsed, the situation remains the same. We take note of the said submission and we are also inclined to ccho the observation t].at was made in Fo.z.al GLnfoor [Faztl Ghafoor v. union of India, 1988 Supp SCC 794 : I SCEC 356l wherein it has been stated thus: (SCC p.795, para 2l

¶2467

"2. ... ln Pradeep Jain co.se [pradeep Jainv. Union of India, (1984) 3 SCC 6541 this Court has observed that in superspecialities there should really be no reservation. This is so in the general interest of the country and for improving the standa-rd of higher education and thereby improving the quality of available medical services to the peqple-q[-[qdia. W_e hope and tmst that the Government of India and thc State Governments shall seriously considcr this aspect of the matter without delay and appropriate guidetines shall be evoh,ed by thc Indian Medical Council so as to keep thc superspecialities in medical education unreserved, open arld free. "

¶2468

The fond hope has remained in the sphere of hope though there has been a progressive change. The said privilegc rcmains unchanged, as if to compele with eternity. Therefore, wc echo the sarne feeting and reiterate the aspirations of others so that authorities caJI objectively assess and approach the situation so

¶2469

¶2470

that the naLional interest can becorne paramount. We do not intend to add anything in this regard.

¶2471

Thus, on perusal of the order passed by Honble Supreme Court in Reita Nirankari (supra) and relevant paragraphs of paragraphs 19, 2O, 36 and 37 of the decision of Hon'ble Supreme Court in Sandeep (supra), it is evident that the ratio laid down by the Hon'ble Supreme Court in Pradeep Jain (supra) does not apply to the State of Telangana.

¶2472

Now we may advert to the decision of the Hon'ble Supreme Court in Chebrolu Leela Prasad Rao (supra). The Hon'ble Supreme Court dealt with the validity of G.O.Ms. No.3, dated 10.O1.2OO0 issued by erstwtrile State of Andhra Pradesh which prescribed 1OO% reservation to the Scheduled Tribe candidates, out of whom 33.1 / 3o/o shall be wornen for the post of teachers in the school in the scheduled areas in the State of Andhra Pradesh. The questions which were answered by Hon'ble Supreme Court were quoted 1n paragraph 2 of the judgment, which is reproduced belou,:

¶2473

¶2474

Several questions have been referred for consideration in the order dated ll_l_2016 [Clebrolu Leela Pro-sad Raov. State of A.p.,l2o2tl t I SCC 526l . We have renumbered euesrions l(a], (bl, (4 and (d) based on interconncction_ The qucstions are as follows : (Chebrolu l.eela prasad_ Rao case lChebrotu Leela Prasad Rao r,. Srate of A.p., (2o2tl 1f SCC 526l , SCC 1;. 527, para 1)

¶2475

(/) What is the scope of para 5(1), Schedule,V to the Constitution of tndia?

¶2476

(a) Does the provision empower the Governor to make a new law?

¶2477

(bl Does the power extend to subordinate legislation?

¶2478

¶2479

(d) Does thc excrcise of such power override any parallcl exercisc o[ power by the president under Article 37 I-D?

¶2480

(21 Whether lOOTo reservation is permissible under thc Constitution?

¶2481

(3) Whether the notification merely contemplates a classification under Article 16(l) artd not reservation under Article l6(4)?

¶2482

(4) Whcthcr the conditions of eligibility (i.e. origin and cut-ofT datcJ to avail the benefit of reservation in thc notihcation are reasonable?

¶2483

Relialce has been placed by learned counsel for the petltroners on ans,ver given by Hon,ble Supreme Court to

¶2484

))

¶2485

question No.2 in paragraphs 145 and 146, which read as under:

¶2486

A reservation that is permissible by protective mode, by making it lOO"/o would become discriminatory and impermissible. The opportunity of public employment cannot be denied unjustly to the incumbents, and it is not t]le prerogative of few. The citizens have equal rights, and the total exclusion of others by creating an opportunity for one class is not contemplated by the Founding Fathers of the Constitution of India. Equality of opportunity and pursuit of choice under Article 5l-A cannot be deprived of unjustly and arbitrarily. As per the Presidential Order, the citizens of ttre locality and outsiders were entitled to I5%o of emplo5rment in t]-e district cadre in terms of clause⁽ lO) of Article 370(i)(d) of the Constitution. Thus, the G.O. does not classify but deals witll reservations. It was contrary to the report sent to the President by tlre Govemor, which indicated even the posts whioh were reserved for Scheduled Tribes Teachers, they were not available as such Tribes Advisory Council decided to fill them from other non-local triba]s.

¶2487

We find that GOMs No. 3 of 2OOO is wholly impermissible and cannot be said to be legally permissiblc and constitutionally valid. It can be said that action is not only irrational, but it violates the rights guaranteed under Part III of the Constitution and is not sustainable.

¶2488

5 6

¶2489

Nou, we may advert to the decision of the Hontrle Supreme Court in Satyajit Kumar (supra). In the aforesaid decision, the Honble Supreme Court dealt with the validity of advertisement dated 28.12.2016 issued by Department of Personnel and Administrative Reforms and Raj Basha of Government of Jharkhand, inviting applications for appointment to the post of trained graduate teachers in government seconda5z schools to the extent of looo/o reservation for the local candidates/ residents of thirteen scheduled areas in the State of Jharkhand. The Hon,ble Supreme Court in paragraphs 99 and IOO held as under:

¶2490

Even under Articlc 16(3) of the Constitution of India, it is the Parliament alone, which is authorized to make any law prescribing, in regard to a class or classes of employment or appointment to arl omce under thc Government of, or any local or other authority within, a State of Union Territory, any requircment as to re sidcnce within the State or Union territory prior to such employment or appointment. As per Article 35 o[ thc Constitution of India, notwithstanding anything contained in ttre Constitution, the parliament shalt have and the kgistature of a State sha]I not have the power to make laws with respect to any of the matters which, under clause (3) of Article l6 may be provided for lanv made by Parhament. There[ore, irnpugncd

¶2491

¶2492

Notification/ Order making 1OO7" reservation.for the local resident of the concemed Scheduled Area/Districts (reservation on the basis of resident) is ultra vires to Article 35 r/w Article 16{3) of the Constitution oI India.

¶2493

1OO. Applying thc law laid down by this Court in the case of Clrcbrolu l.eela Prasad Rao (supra) and in view of the above discussion and for the reasons stated above, the High Court has not committed any error in concluding and holding that the Notification No. 5938 and Order No- 5939 d.ated. 14.7.2OL6 issued by the State Government providing IOO%o reservation for the local residents o[ concerned Scheduled Districts/Areas as being unconstitutional and ultra vircs Articles L4, L3(2|., 15 and 16(2) of the Constitution o[ India. It is rightly observed and held that said Notification and Order would also violate Articles t6(31 and 35(a-i) of the Constitution of India. Thc High Court has also rightly observed and held that aforesaid Notification and Order is ultra wires to paragraph 5(11 of the Filth Schedule of the Constitution of lndia. We are in complete agreernent with the view taken by the High Court.

¶2494

The decision of Hon'ble Supreme Court in Pradeep Jain (supra) does not apply to the State of Telangana, as clarified by Hon'ble Supreme Court itself in Reita Nirankari (supra) and Sandeep^(supra). The decisions of Honble Supreme Court in Chebrolu Leela Prasad Rao

¶2495

¶2496

(supra) and Satyajit Kumar (supra) are authorities for the proposition that 1OO% reservation in matter oI employment is violative of the constitutional guarantee contained in Article 16 of the Constitution of India. However, we may reiterate that instant case is not a case of 10O% reservation as only 85% of competent authority quota seats in respect of educational institutions which have been set up after formation of the State, i.e. , 02 .06 .2O I 4 had been reserved for the caldidates of State of Telangana. Therefore, the decisions of Hon'bte Supreme Court in Chebrolu Leela Prasad Rao (supra) and Satyajit Kumar (supra) have no application to the lacts of these cases.

¶2497

Therefore, the issue No,(vi) is answered by stating that reservation to the extent of lOOoh in favour of local candidates in the Sate of Telangana by way of amendment to tlre 2OL7 Rules had not been provided.

¶2498

However, in vieu, of submission made by learned Advocate General and learned standing counsel for the University that 85% of competent authority quota seats alone had been reserved for local candiclates for the State

¶2499

..\ 9

¶2500

¶2501

of Telangana in respect of institutions sct up aftcr formation of the State i.e., O2.06.2.01 4 and ir is permissible for the students of other States ir-rcluding the State of Andhra Pradesh to participatc in l Sol, ot competent authority quota seats, it is direcrcd that the aforesaid provision, if not already madc, shall be madc in the seat matrix notified by the University.

¶2502

In vieu, of preceding analysis, u,e do r_rot find any merit in these writ petitions. In the result, the same fail and are accordingly dismissed.

¶2503

/iTRUE COPY//

¶2504

SD/-K.SAILESHI DEPUTY REGISTRAR @

¶2505

SECTION OFFICER

¶2506

One Fair Copy to THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE (For His Lordships' Kind Perusal)

¶2507

One Fair Copy to THE HON'BLE SRI JUSTICE N. V. SHRAVAN KUMAR (For His Lordships' Kind Perusal)

¶2508

To, 1. 11LR Copies.

¶2509

The Under Secretary, Union of lndia Ministry of Law, Justice and Company Affairs, New Delhi.

¶2510

3- The Secretary, Telangana Advocates' Association Library, High Court Buildings, Hyderabad.

¶2511

One CC to Sri Anup Koushik Karavadi Advocate [OPUCI

¶2512

One CC to Sri Gadi Praveen Kumar, Deputy Solicitor General of lndia [OPUC]

¶2513

One CC to Ms. Gorantla Sri Ranga Pujitha, Advocate(OPUC)

¶2514

Two CCs to GP For Medical, Health & Family Welfare, High Court for the State of Telangana. [OUT]

¶2515

One CC to Sri S. Vijaya Prashanth, SC for Telangana Vaidya Vidhana Parishad (OPUC)

¶2516

One CC to Sri A. Prabhakar Rao, SC for Kaloji Narayana University of Health Sciences (OPUC)

¶2517

One CC to Sri P. Govind Reddy, Special Standing Counsel for State of Andhra Pradesh(OPUC)

¶2518

1 1 . One CC to Sri P. Thirumala Rao, Advocate(OPUC)

¶2519

12-Two CCs to the Advocate General, High Court for the State of Telangana. tourl

¶2520

One CC to Sri C. Appaiah Sarma, Advocate(OPUC)

¶2521

One CC to Sri Srinivasa Rao Pachwa, Advocate(OPUC)

¶2522

One CC to Sri Srinivasa Srikanth, Advocate(OPUC)

¶2523

1(rl

¶2524

¶2525

16 One CC o Sri Ralagopallavan Tayi, Advocate(OPUC ) 17 Qne QC^{o Sri S. V Ramana.AOvbcatef} OpUii^{- -'} 1B Qne^{CC to Sri Gudifr.4adhusudhan ReOOy,} ndv6cate(OPUC) 19 One CC lo Sri Y. Ratna^prabha. Advocaief OpUCr'-'-^- 20 Qre QC^{ro Srr Venr.aleswarlu Sanisetty,} nivociief OpUc r 2i .One CC lr Sr Patie Nageshwar Rao. AOvocateioptrci^-' 22 One CC I ) Sri R. Yella Reddv, Advocate{Opt,Ct^{- -'} 23 One CC t,r Sri Basa Chanakia, Advocate(OpUC,r' 24 . One CC trr Sri Anirudh Sadhu. Advocate(OpL.,C ) 25. One CC lo Sri B. Snnarayana, AdvocateiOpUCi 26 One CC lo Sri C. M R. Veiu, Advocate(Opuc)^' 27 One CC lo Sri Rama Rao Kochiri. AdvdcaterOhUCr 28, One CC tc Smt. S. I,4adhavi, Advocate(OpUC) ' ')o One CC tc Sri Sk Fakruddin Atr, AdvocbtetOpltcr 30 9n.9q^{ro Sri P. Vengata Reddy, AdvocaiefOpUbf} 31 une UU to Sfl^p. Shravan Kumar Goud, Advocate(OPUC) 32. One CC lo Sri D. Satyanarayana, AdvocatefOpU-ii^--' 33 One CC lo Smt. G Shrlpa, Advocate(Opuc) 3.1 9ne^{qq to Sri Ch. VenkatRaman, Aijvocatejr} OpUCr 35. 9n. 99^{to Sri C NareshRedOy,} AdvocaiefCjpUdi' 36 Qne QC^{ro Sri A. Dursa Bhaskdi,} navocileiOpudr 37 Une CC to N,4/s. t. MA[U[,4U VAN|, Advocateiopucl Two CD Copies I,48C GPJ\ ( t\--

HIGH COURT

DATED: 1110912023

?s SEP 2M -',ir,i
,: ///
\ -7

¶2531

COMMON ORDER

¶2532

W.P.Nos.18047, 18216, 19210, 20676, 20880, 21 008, 23100,23101, 23102, 23103, 23104, 23105, 23106, 23107,23108, 23109, 23110, 23112, 23199, 231^gg, 23200,23267, 23361, 23362, 23363, 23364, 23369, 23374,23378, 23382, 23390, 23412, 234M, 23454, 23472,23487, 23509, 23511, 23513, 23617, 23631, 23667,23679, 23719, 237 34, 2377 2, 2377 4, 23925, 23840,23859, 23894, 23908, 24052, 24062, 24066, 24121,24122, 24129, 2417^g, 24190, 24295, 24372, 24379, 24461, 24491, 247 46, 247 55, 247^gg, 24825 and 24826 of 2023

¶2533

DISMISSING THE WRIT PETITIONS

¶2534

S S
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>-j
l1 \r<br>

¶2535

WITHOUT COSTS

Mangina Hothri Sri v. Union of India

Case brief

What is this about?

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Mangina Hothri Sri v. Union of India

Case brief

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