Disposed

Mohammed Umair Ul Haq v. The State of Telangana

Telangana HC6 Sept 2023WP/24291/2023

Case brief

AI extract

What is this about?

Writ petition challenging validity of Telangana Medical & Dental Colleges Admission Rules 2017. Court decided matter with liberty for petitioner to submit representation to University for decision within two days. Court expressed no opinion on merits.

What did the court decide?

Granted liberty to submit representation to the University; directed University to decide within two days.

Mohammed Umair Ul Haq Vs The State of Telangana — Education and Admissions | Telangana HC (2023)

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

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WEDNESDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE N. V. SHRAVAN KUMAR

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Between:

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WRIT PETITION NO:24291 0F 2023

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Mohammed Umair Ul Haq, S/o.Moh ammed KhizarUlHaq Aged 18 years, Occ Student R/o 10-3-68/4t16, pt|ar No.1, Humayun Nagar, Mehdipatnam, AsifNagar, Hyderabad, Telangana

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AND

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...PETITIONER

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IE,P,^t+::lTgJlT.garl^{Represented by its principat SecretaryMedicat and} ,.,earrn ramrrv wenare lleoartment secretariat Buildino, Hyderibad 500 055

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Kaloji Naraydna Rao Univbrsity oirieJrtn-scie'i"iJt5"nq"na. ReD bv its vrce.unance or Ntzampura, WaranOal, TelanOana 506007

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J 5:l^ol.11ri.y,3lg -Rao^{University Of HeatthSci6nces Tetangana,Rep.by its} Kegrsrrar Ntzampura, Warangal,Telangana 506007

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Petition under Articte 226 of the Constitution of tndia ,rrt;ffil:i'iltll: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of lvrandamus, decraring the Rure 3 (il) (B) of the Terangana Medical & Dental Colteges Admission (Admission into MBBS & BDS Courses) Rules 2017 as being illegal, arbitrary, unconstitutional and in violation of Articres 14, 19 and 21 ot the constitution of rndia. consequenfly, direct the Respondents to consider the candidature of the petitioner herein as Local candidate under osmania University category for a[ admission formarities in MBBS Admissions 2023-2024 under competent authority quota and management quota in the light of the judgement of this Hon'ble court in w.p. No. 2126g ol 2023 (Prayer is amended as per court order dated 06.09.2023 in LA.No.2 ot 20231

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lA NO: 1 OF 2023

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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

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the Respondent No.2 and 3 to consider the candidature of the petitioner under 'local category' - osmania university (oU), for 2023-24 admission into MBBS course, under competent authority quota and management quota

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Counsel for the petitioner: SRI UZAIR AHMED KHAN

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Counsel for Respondent No.^.l: SRI N. PRAVEEN KUMAR, GP FOR MEDICAL HEALTH & FAMILY WELFARE

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

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The Court made the following: ORDER

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THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

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AND

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THE HON'BLE SRI JUSTICE N .V.SHRAVAN KUMAR

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WRIT PETITION No.2429t of 2o23

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ORDER.' per the Hon,ble the Chief Justice Alok Arad.he)

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Mr. Uzair Ahmed Khan, learned counsel for pe titioner.

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Mr. N.Praveen Kumar, learned Government pleacier for Medical, Hea-lth ald Family Welfare for respondent No.1.

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Mr. A.Prabhakar Rao, learned Standing Counsel for respondent Nos.2 and 3 - Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as ,,the University".

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With the consent of the parties, the matter is heard Iinally.

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J In this writ petition, the petitioner has challenged the validity of G.O.Ms.No.114, Health, Medica.l & Family

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Welfare (C 1) Department, dated O5.OZ .2OIT namely Telangana Medical and Dental Colleges Admission (Admission into MBBS arrd BDS Courses) Rules, 2017 (briefly referred to hereinaJter as^,the RulesJ and seeks a direction to the respondents to tieat the petitioner as local candidate and to admit him to MBBS and BDS Courses.

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Learned counsel for the petitioner submits that this Court uide a common order dated 29.Cg.2O23 passed in W.P.No.21268 of 2023 and other connected matters has already read down Rule 3(llI)(B) of the Rules and it is also contended that the petitioner is a permanent resident of State of Telangana. It is also submittecl that the petitioner be granted liberty to submit a representation with regard to his grievance to the University and the University be directed to decide the representation which mav be submitted by the petitioner.

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On the other hand, learned Standing Counsel for the Universit5r has submitted that in case such a representation is submitted by the petitioner, the same

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shall be decided in accordance with Iaw within such time limit as may be fixed by this Court.

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In view of aforesaid submissions and in the facts of the case, the Writ Petition is disposed of with liberty to the petitioner to submit a representation with regard to his grievance to the University, and the University shall decide the same within a period of two (02) days from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the

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matter. No order as to costs.

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As a sequel, miscellaneous applications pending, if

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any, shall stand closed.

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