petitioner challenged admission refusal via Article 226. Court directed university to expedite consideration of her representation regarding fee and counseling refusal, reserving judgment on merits.
The Respondent University was directed to consider the petitioner's representation dated 08.09.2023 as expeditiously as possible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I I i I
133771
IN THE HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWELFTH DAYOF SEPTEIVBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE THE CHIEF JUSTICE ALOKARADHE AND THE HONOURABLE SRI JUSTICE N.V.SHRAVANKUMAR
WRIT PETITION NO: 25271 OF 2023
Between:
Ninghi Shetty Soumitha, D/o. Ninghi ShettyDharamraj, Aged lbou!'!-9 yrs, Occ Student, Fyo. Sagar Apartment, FlatNo.'108, Raj Bhavan Road,Somajiguda, Hyderabad- 82
.,.PETITIONER
AND
3.'Convener, MBBS/BDS 2023-24,C/oKaloji Narayana Rao University of Health Sciences, Nizampura, Warangal, Telangana506 007.
...RESPONDENTS
: Petition under Article 226 of the Constitution oflndia prayingthat in the "circumstancesstated in the affidavit filed therewith,the High Court may be .pleasedto issue _anappropriate writ, order or direction, more particularlyone in the nature of writ of Mandamus declaringthe actionof the Respondents No.2 to 4 in not allowing the Petitioner to attend thefurtherrounds of counselingfor admission into MBBS/BDS course under[\ilanagementQuota B and C/NRI Category, for the Academic Year 2023-24in the colleges affiliated to 2nd respondent university as being arbitrary,illegal, violativeof Article14, 2'lA ot the constitution of lndia and consequently directthe Respondents No.2to 4 to allow
the Petitioner to attend the further rounds of counseling by accepting the remaining amount of Fee of Rs.1'l ,50,000/- to be paid to 4th Respondent college, affiliated to 2nd respondent university for the academic year 2023_24.
lA NO: 1 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 issue interim directions, directing Respondents No.2 to 4 to allow the petitioner to attend the further rounds of counseling by accepting the remaining zrmount of Fee of Rs.1'1 ,50,0001 in the 4th Respondent coilege, affiriated to 2nd respondent university for the academic year 2O23.
Counsel for the Petitioner :SRI AKSHAT SANGHI
Counsel forthe Respondent No.1 : Gp FOR MEDICAL HEALTH FW,
Counsel For Respondents No.2&3: SRI A.PRABHAKAR RAO, SC FOR KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES
Counsel For Respondent No.4 :
The Court made the following: ORDER
l1 I
I 1. :
a''
THE HON'I}LE THE CHIEI"IUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICI] N.V.SHRAVAN KUMAR
WRIT I'E'II'[ ION No.25271 of 2023
ORDER:1per the Hon'blc the Chief Justice Alok Aradhe)
Mr. Akshat Sanghi, learned counsel appears for the petitioner.
Mr. N. Praveen Kumar, learned Government Pleader for Medical, Health & Family Well'are appears tbr respondent No. l.
Mr. G. Ravi, learned counsel appears for Mr. A. Prabhakar Rao, le arned Standing Counsel for respondent Nos.2 and 3.
MBBS/BDS Course in the State of Telangana for the academic year 2023-24, has filed the petition seeking the following
relief:
"For thc rcasons stated in thc accotnpanying alfidavit, itis Thereforc prayed that this Hor'bleCourtmaybe pleased to issue an appropriate writ,orderor direction,rrore parlicularlyone in the nature of writ olMandamus declaringthe action of the Respondcnls No.2 lo4 in ttot allowittglhe Pelilioner lL, altendlhe further rounds ofcounsellin8,tbl y:l::l* into MBBS/BDS
a.i & "'s^... i\ ,,.,,,) ,.),.t .r 2l.tl
2
course under Management Quota('B &C/t\lR I'-Calcgorl').lbr lhc Academic Yaar 2023-21 in the colleges alfiliatccl to l" respondcnt university as bcing arbitrary. illcgal.r'iolatireol Articlc 14, 2lA of the Constitution of Indiaand consequentl) dircct the Respondents No.2 to4 to allo$'thePetitionerto atlcnd the firrther rounds of counselling b1' acccpting theremaining amounr of Fee ol Rs.l1,50,000/- to bepaid to4'r' Rcspondenl Collcge, alfiliated to 2"d rcspondent university tbrtlrc acadcrnic year 2023-24."
CJ & ].,I\1SK, J W P No 2.2/1 oi 2023
J
,I It'
subnritted b1, the petitioner shall be dcalt with in accordance with law.
representation dated 08.09.2023 submitred by the petitioner in
accordance with law as expeditiously as possible. It is rnade
clear tl.rat this Court has not expresscd any opinion on the merits of the matter.
Misceilaneous applications, if any pending, shail stand
closed. There shall be no order as to costs.
SD/-B. CHANDRA PRA H ASSISTANT REGI
//TRUE COPY//
I
SECTION FICER
\
To,
'1. The Principal Secretary, Health, Medical and Family Welfare Department,
Secretariat, State of Telangana, Hyderabad.
BSK
N,--
CCTODAY
HIGH COURT
DATED:1210912023
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ORDER
WP.No.25271 ot 2023
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
3 issues framed by the court
Whether the High Court should intervene in the college's refusal to allow the petitioner to attend further counseling rounds.
Directions issued to the University to consider the petitioner's representation regarding admission.
Petitioner seeking admission into MBBS/BDS course under Management Quota.
Ninghi Shetty Soumitha
State of Telangana
Kaloji Narayana Rao University of Health Sciences
Convener, MBBS/BDS 2023-24
CMRM - CMR Institute of Medical Sciences
Alok Aradhe
N. V. Shravan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
