Petitioners challenged stray vacancy round counselling for MBBS admissions alleging violation of DGHS notice and Supreme Court orders. Court held that respondents No.6 to 28 did not participate in stray round; only seat category changed. Petitioners being non-local could not claim seats reserved for locals. Petitions dismissed.
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.
[33e3 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Originat Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION NOs. 28062 and 28135 OF 2023
WRIT PETITIO NNO .280620F 2023:
Between:
Kallu. Thoran sai Revanth Bqd^dy, s]o Kalluri Dasaratha Rami Reddv, Aqed. 17 vrs, occ Student, Neet Score. sqo,'AtE. 641 19, petitio;ei oeing .r.ii ii'i"p tv'ni, father sri Kalluri Dasaratha Rami Reddy" Aged. s7 yrs, odc Teacher, hro'ptot no.19, Kothapalli, Proddatur, Kadapa District, Andhra piadesh.
...PETITIONER
AND
1
Respondent Nos. 6 to 21 are impleaded as per Court Order dated 01.12.2023 in t.A.No.2 of 2023 in W.p.No.280 6i or 2023.
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Respondent Nos. 22 to 28 are impleaded as per Court Order dated 13.12.2023 vide l.A.No.3 of 2023 in W.P.No.28062 of 2023.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praylng 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
1
Government of lndia, and also ingross disobedience of the orders DT. 13.07.2021passed in SLP (C) No.10487 ot 2021 and DT. 31 .03.2022 passed by the Hon'ble Supreme Court in W.P. (C) No.'174 of 2022, and
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 direct the sth respondent to conduct the NEST UG stray vacancy round counselling afresh and allot seats in accordance with the ratified procedure issued vide Notification Dr. Q.o7.zo22 issued by the Directorate General of Health Services, Nlinistry of Health and Family Welfare, Government of lndia, and also in accordance with the orders Df . 8.07.2021 passed in SLp (C) No.10487 ol 2021 and DT 31 03.2022 passed by the Hon'ble Supreme Court in W.p (C) No.174 of 2022
Counsel for the Petitioner: SRI P. THIRUMALA RAO
Counsel for the Respondent Nos.1 & 4: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2: SRI N. PRAVEEN KUMAR,
GP FOR MEOICAL HEALTH AND FAMILY WELFARE THE ADVOCATE GENERAL
Counsel for the Respondent No.3: Ms. GORANTLA SRI RANGA PUJITHA,
S.C. FOR NATIONAL MEDICAL COMMISSION
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Counselfor the Respondent No.S: SRI A. PRABHAKARRAO, S.C. FOR KNRUHS
Counselfor the Respondent Nos.9& 16: SRI ANILKUMARVYOYA REPRESENTING SRI V.V. ANIL KUMAR
Counsel for the Respondent No.12: Ms. Y. MEHER SREE REPRESENTING SRI Y.V. RAVINDRA PRASAD
Counsel for the Respondent No.18: SRI RAJAGOPALLAVAN TAYI
Counsel for the Respondent No.21: SRI KURELLA SUBRAHMANYAM
Counsel for the Respondent No.23: SRI V. RAVI KUMAR REDDY
-Counselfor the Respondent Nos.22 & 24 to 26:. SRI JALLY KANAKAIAH, SENIOR COUNSEL REP. Mr. JALLY NARENDER
Counsel for the Respondent Nos.6 to 8, 10, 11, 13 to '|5,17,19,20,27 &2a:. -
WRIT PETITION NO: 28135OF 2023
Between:
Alamuri M M Sankeerthana, D/o A.T.S.Venkateswarlu, Aged about 19 yrs., Occ Student, NEET SCORE. 549, NEET RANK. 64834, Rl/o Plot no.103, Vijayalakshmi Enclave, Nidamanuru, Krishna Distrrct, Andhra Pradesh - 521104.
...PETITIONER
AND
6
(
Respondent Nos. 6 lo 21 arc impleaded as per Court Order dated 01.12.2023 in t.A.No.2 of 2023 in W.p.No.2Bl3S oI 2023.
7
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Respondent Nos. 22 to 28 are impleaded as per Court Order dated 13.12.2023 vide l.A.No.3 ot 2023 in W.P.No.281 35 ol 2O23.
,..RESPONDENTS
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
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contravention of the Notification DT- 12lol l2o22 issued by the Directorate General of Health Services, IVlinistry of Heatth and Fammily Wetfare, Government of lndia, and also in gross disobedience of the orders DT. 13.07.2021 passed in SLP (C) No 10487 of 2021 and DT. 31t}3t2022 passed by the Honourable Supreme Court in W.p. (C) No..l74 ol 2022, and
IA NO: 1 OF 2023
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petitibn, the High court may be pleased to direct the Sth respondent to conduct the NEET UG stray vacancy round counselling afresh and allot seats in accordance with the ratified procedure issued vide Notification DT. 12.07 .2022 issued by the Directorate General of Health services, Ministry of Health and Family welfare, Government of lndia, and also in accordance with the orders Dr. 13to7t2o21 passed in SLp (c) No.1o4B7 of 2o21 and DT. 31 .03.2022 passed by the Honourabre Supreme court in w.p. (C) No.174 of 2022 and further be pleased to pass
Counsel for the Petitioner: SRt p. THIRUMALA RAO
Counsel forthe Respondent Nos.1 & 4: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2: SRt N. PRAVEEN KUMAR, GP FOR MEDICAL HEALTH AND FAMILY WELFARE THE ADVOCATE GENERAL
9
Counsel forthe Respondent No.3: Ms. GORANTLA SRI RANGA PUJITHA, S.C. FOR NATIONAL MEDICAL COMMISSION
Counsel for the Respondent No.S: SRI A. PRABHAKAR RAO, S.C. FOR KNRUHS
Counsel forthe Respondent Nos.9 & 16: SRI ANIL KUMAR VyDyA REPRESFNTTNG SRt V.V. AN|L KUMAR
Counsel forthe Respondent No.11: Mr. CHETAN MANDEWALKER
Counsel for the Respondent No.12: Ms. y. MEHER SREE REPRESENTING SRI Y.V. RAVINDRA PRASAD
Counsel for the Respondent No.18: SRI RAJAGOPALLAVAN TAyt
Counsel for the Respondent No.21: SRt KURELLA SUBRAHMANYAM
Counsel for the Respondent No.23: SRt V. RAV| KUMAR REDDY
Counsel for the Respondent Nos.22 & 24 to 26: SRI JALLY KANAKATAH, SENIOR COUNSEL REp. Mr. JALLY NARENDER
Counsel forthe Respondent Nos.6 to 8, 10, 13 to 1S, 17, 19, 20 & 2l: _
The Court made the following: COMMON OROER
I
n
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND
THE HON'BLE SHRI JUSTICE ANIL I('MARJUKANTI
WRIT PETITION Nos. 24O62 and 28135 of2023
COMMON ORDERi (Pet the Hon'ble the Ctuef Justice Alok Aradfe)
Mr. P.Thirumala Rao, learncd counsel for the petitioners.
Mr. A.Prabhakar Rao, learned Standing Counsel for the Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as, "the Universiry").
Ms. Gorantla Sri Ranga pujitha, learned Standing Counsel lor the National Medical Commission.
Mr. Rajagopallavan Tayi, learned counsel for respondent
No. 18
Mr V,Rtrvi Kumar Reddy, learned counsel for respondent No.23.
re
2
Mr. Jally Kanakaiah, learned Senior Counsel representing Mr. Jally Narender, learned counsel for responden ts No.22, 24, 25 and 26.
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thereupon filed these writ petitions on Cl6.1O.2Cl23. [n
W.P.No.28062 of 2023, the following relief has bee n claimed
For tJle reason stated in the accompanylng aIfidavit, it is hereby prayed that this Honble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mardamus
a) Declaring the action of the 5.h respondent university in deliberately allotting seats in stray vacancy round counselling, to candidates who have already participated and joined seats in phase I, phase II & phase III, in complete defiance of the modihed procedure issued vide Notifrcation Dt:. 12.07.2022 issued by the Directorate General of Hea_lth Services, Ministry of Health & Farnily Welfare, Government of tndia, a'rrd also ln gross disobedience of t-Ile orders Dt: 13.07 .2021 passed in SLP(C).No. 10487 of 2O2t and Dt: 3t.O3.2O22 passed by the Hon'ble Supreme Court in W.p_(C).No. 174 ot ZO22; and consequently set aside/quash stray vacancy round counselling and aI ensuing proceedings including allotment of seats to the candidates participated in stray vacancy round counselling; and
b) Declaring the action of the S,h respondent university in not sharing the data of the candidates who parricipated in Phase I, II & III counselling and rvho alrcady joined in seats in Phase I, II & III, to the 4th respondent competent authority Medical Counselling Committee, so as to elirninate their names from the software and prohibit them from participating in further rounds of counselling in NEET UG for the acadcmic year 2023_2024, as arbitrary, illegal and without jurisdiction ard in gross contravention of the Nodfication Dt: 12.07 .2022 issued
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by the Directorate General of Health Services, Ministry of Health & Family Welfare, Government o[ India, and also in gross disobedience of the orders Dr: 13.O7.2O2L passed in SLP (C).No.10487 of 2O2t arrd Dt: 3t.O3.2022 passed by the Hon'ble Supreme Court in W.p.(C).No. 174 of 2022, and
c) Consequently direct the 5e respondent university to prepare seat matrix and merit list afresh by inctuding only the candidates who did not get any seats in the previous round of counseliing and conduct stray vacancy round counsclling afresh and arllo t seats in accordance with the modihed procedure issued vide Notitication Dt: 12.07.2022 issued by rhe Directorate General of Health Services, Ministry of Health & Family Welfare, Government of Indra, and also in accordance with the orders Dt: l3.OT .2021 passed in SLP(C).No.10487 of 2O2L and Dr: 3 t.O3.2O22 passed by the Hontrle Supreme Court in W.p.(C).No. 174 ot 2022: and
In W.P.No.28135 of 2023, rhe petitioncr has prayed for the foll,owing relief:
It is therefore prayed that the Honblc Courr may be pleased to issue a writ, order or dircction rnore particularly one in the nature of writ of mandamus a) Declaring the action o[ the 5,h respondent unir.ersirl, in deliberately allotting seats in stray vacanc_' round
)
,
counselling, to candidates who have already participated and joined seats in Phase I, Phase II & Phase III, in complete defiance of the modified procedure issued vide Notification Dt: 12.07.2022 issued by the Directorate Genera.l of Health Services, Ministry of Health & Family Welfare, Government o[ India, and also in gross disobedience of tlle orders Dt: 13.07.2021 passed in SLP(C).No. 10487 of 2O2l and Dt: 31.O3.2O22 passed by the Honble Supreme Court in W.P.(C).No. 174 of 2022; alrd consequently sct asidc/quash stray vacancy round counselling and all ensuing proceedings including allotment of seats to the candidates parLicipated in stray vacancy round counselling; :rnd
b) Declaring the action of the Sth respondent universigr in not sharing the data of the candidates who participated in Phase I, ll & III counsclling and who already joined in seats in Phase I, Il & III, to the 4,t respondent competent authority Medical Counselling Committee, so as to eliminate their names from the software and prohibit them from participating in further rounds of counselling in NEET UG for the academic year 2023-2024, as arbitraqr, illcgal and without jurisdiction and in gross contravention of the Notification Dt: 12.O7.2022 issued by the Directoratc General of Health Services, Ministry of Health & Family Welfare, Government of India, and also in gross disobedicncc of the orders Df: B.OZ.2O2l passed in SLP (C).No- t0487 ot 2O2t and Dt: 31.03.2022 passed by the Hontrle Supreme Court in W.P.(C).No.I74 ot 2022, and
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prevrous round of counselling and conduct stray vacancy round counselling afresh and allot seats in accordalce with the modified procedure issued vide Notification Dt. I2.O7.2O22 issued by the Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India, and also in accordance with the orders Dt: I3.OT.2O2l passed in SLP(C).No. 10487 of 2O2t and Dt: 31.03.2022 passed by the Honble Supreme Court in W.p.(C).No. 174 of 2022; and
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counselling. It is further submitted that respondents No.22 to 28 are the candidates who are less meritorious than the petitioners, who have been admitted to the MBBS course. It is argued that the action of the University in filling up the seats in stray vacancy round counselling is illegal and arbitrary and therefore, restitutionary relief should be granted to the petitioners by granting them admission to MBBS course. [n support of the aforesaid submission reliance has been placed on the decision of the Supreme Court in S.Krishna Sradha v. State of Andhra pradeshl.
' lzozol tt scc 46s
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have been allotted to respondents No.6 to 21 in accordance with the aforesaid Rules. It is also pointed out that the contention that respondents No.22 to 28 are less meritorious than the petitioners is misconceived, as the aforesaid respondents are local candidates, whereas the petitioners are non_local candidates i.e., they belong to state of Andhra pradesh. It is pointed out that respondents No.22 to 2g are the most meriLorious candidates from amongst the locat candidates. It is also urged that respondents No.6 to 21 were already admitted in the college after allotment of seats to them in previous round of counselling and while reallotting them the seat in stray vacancy round, their college has not been chaaged. It is pointed out that the category of the seat against which they were admitted has only been changed i.e., from local to unreserved category. It is also pointed out that respondents No.6 to 21 have not participated in the stray vacarlcy round of counselling and the category of their seat against which they have been given admission has been altered on the basis of the preference given by thcm at the time of first round of counselling.
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6 ' Learned Standing counsel for the Nationar Medical Commission submitted that the candidates who have alreadr.
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been allotted seats in the lirst tworoundsof counselling cannot be allotted seats in the subsequentrounds of counselling in view of the order dated 31 .O3.2O22passed bythe Supreme Court in W.P (Civil).No.174 of 2022and the directionscontained in the notice dated 12.07.2022 issuedby the Directorate General of Health Services, Ministryof Health & FamilyWelfare. It is also pointed out that the last dateprescribed for admission to MBBS course was 30.O9.2023, therefore, nofurther admission to MBBS course at thispointof time canbe directed.
7 . lrarned counsel for respondcntNo. 18submits thatthe aforesaid respondent was allotted a seat in the firstphase of counselling on 23.08.2023 and shewas admitted inKamineni Medical College on 25.08.2023. It is further submittedthat respondent No. 18 has not participated in the strayroundof counselling.
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a(xuii)(a). The selection committee shall display the allocation of seats category rvise and collcge nise on the University website after each round o[ u.eb basecl counselling. Vacant seats available will be notified on University website before each round of counselling.
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(a) The selected candidates shall subrnit all the original certificates and bond and pay the tuition fee at the allotted college on or before the last date of reporting as notified by KNRUHS to complete theprocess of admission.
The Principals of all Medical Colleges shall have in therr custody the original certificates of all the admitted candidates a.rrd these shall be verihed by the inspection teams constituted by the University/ State Government after every phase o[ cour.rseling.
After second phasc of counselling, admitted candidates are not permitted to withdraw from the course and are not eligible for up gradation in the subsequent phases of counselling of All lndia Quota or State Quota of admissions.
The caldidates who are admitted into MBBS/BDS courses (Competent Authority Quota, Management Quota,Alllndia Quota)int}'e secondphase of counselling onwards including slided candidates (candidates who have joined in the previous phase of counselling) have to contlnue in the course without fail to prevent wastage of seats and to prevent seat blocking. Otherwrse, all such candidates witl be debarred for three years for admission into MBBS/BDS course in the state of Telangana besides payment of Rs.2O,O0,000-OO (Rupees Twenty lakhs onl5r) torvards forfeiture of bond.
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admitted to the course shall not be permitted to withdraw from the course and is not cligible for upgradation in the subsequent phases of counselling of All India or State euota admissions.
.:., ia.,
Ref.U-12O21 oL/ 2022-MEC Dated, L2-O7-2O22
NOTICE
U nt Attention all oarticiDatitrE States Counsellin Authorities and Candidates:
In compliance of the directions of tle Honble Supreme Court of [ndia vide order dated 31.O3.2O22 tn W.P.(C).No_ 174 of 2022, Medical Counselling Comrnittee of DGHS, MoHFW has developed a software for all tJ:e participating states/counselling authorities for NEETUG/PG to upload the names and roll numbers of students who har.e joined up to round 2 and further rounds of the statc quota or round 2 of the AIe on the common porta_I.
Thcse joincd cardidates up to round. 2 of AIe or State Quota shall not be eligible to participate in the further rounds for All India euota or for State euota from the academic year 2O22_23 onwards.
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Quotaor the State Quotashal1 not be eligibleto participatein the further rounds of A11 India Quota or State Quota counselling for the academic year 2022-2023.
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end to the contempt proceedings. However, we take on record the assurarce which has been set out by the DGHS and direct that all the States and counsellrrg authoriLies in the NEET_UG/PG shall scrupulously comply with the above directions from the academic year 2022-2023.
.4.
17 . Clause 15 of the notification issued by the University for Iilling up the stray round of counselling reads as under:
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4(v). If the candidate is admittedin thc courseas per his option, in the l"t counselling his options wlllbe considered for admission in all subsequentcounsellings- Whenever his next option is considered,he/ she will forego the seat allotted in previous roundo[ counselling in which he is admitted. Whenever his nextoptionis considered and a seat is allotted his/hcrprevious admission will be canceiled automatica-lly aldltlledup in the sa:rre round. If the caldidate does notreport at the allotted college of subsequent roundhe will lose the seat and will not be considered for next round.
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Health Services, Ministry of Health & Family Welfare, dated 12.07.2022, as well as the directions issued by the Supreme Court clearly provide that the candidates who have been allotted a seat in the first or second round of counselling shall not be permitted to participate in the subsequent rounds of counselling.
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round of counselling, which is extracted below:
| Name | RollNo | AI India Rank |
RoundI allotmcnt |
Round2 allotmen{ |
Round3 allotment |
Round4 allotment |
|
|---|---|---|---|---|---|---|---|
| 6 | AllikaParimatla SaiNeeharika |
4201060203 | 8062 | Osmania Medical College(LOC) |
Osmania Mcdical Collegc (Loc) |
Osmania MedicaI College (r.oc) |
Osmania Medical College GTNR) |
| 7 |
NeelamLokshith Reddy |
4201030755 | 8308 | Osmania Medical Coltcgc(LOC) |
Osmania Medical College (Loc) |
Osmania Medical College (Loc) |
Osmania Medical College GTNR) |
| I | BaruSriRam Karthikeya |
42015301r7 | 25355 | GMC Mahaboobnagar (LOC) |
Kakatiya Mcdical College (r-oc) |
Kakatiya Medical College (Loc) |
Kakatiya Medical College (LTNR) |
| 9 | Gadde Sanjana Sai |
4201350188 | 25)66 | GMC Nizamabad (Loc) |
Kakatiya Medical College (Loc) |
Kakatiya Medical College (r_oc) |
Kakatiya Medical College (LNR) |
| t0 | Geddala Gangotri |
42012t0s26 | 2.5392 | GMC Nizamabad (LOC) |
Kakatiya Mcdical Collc-qc (r_oc) |
tCollcsc ;(r.oc) Kakatiya Mcdical |
Kakatiya Medical College (UNR) |
| Rudravo Ganguty |
4201040478 | 26024 | CMC Mahaboobnagar (LOC) |
Kakatrla itledrcaI College l_oc) |
lya N,ledical College (r.oc) |
Kakatiya Medical College (UNR) |
|
| t2 | BellalaGanga | 42040203so | 47657 | Ra iv Candhi |
Ra iv | Ra | Rajiv |
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l I I I I !: 'l I I I I I I I
t: ir il 1'.
| Manisha | lnsritute Adilabad (r.oc) |
Gandhi lnstitute Adilabad (LOC) |
Candhi Institute Adilabad (Loc) |
Gandhi lnstiturc Adilabad (UNR) |
|||
|---|---|---|---|---|---|---|---|
| t3 | Molugula Vishnu Teja |
4201420t96 | 41666 | RajivCandhi lnstitute Adilabad (Loc) |
Rajiv Gandhi Institute Adilabad (Loc) |
Rajiv Gandhi Institute Adilabad (Loc) |
Rajiv Gandhi lnstiture Adilabad GTNR) |
| t4 | AkulaManccsha | 42ri0t0095 | 5ti.iI | Rajiv Candhi Instilutc Adilabad (LOC) |
Rajiv Gandhi lnstitute Adilabad (Loc) |
Rajiv Gandhi Institute Adilabad (LOC) |
Rajiv Gardhi Institute Adilabad (LrN R) |
| l5 | GandeManidcep | 42D010032 | 5322E | Rajiv Gandhi Institute Adilabad (r-oc) |
Rajiv Gandhi Institute Adilabad (LOC) |
Rajiv Gandhi lnstitute Adilabad (Loc) |
Rajiv Gandhi lnstitute Aditabad (LrNR) |
| l6 | Vuttaravalli Harshita Lakshmi |
421909025i | 1t1.11 | ApolloMedical College(LOC) |
Apollo Medicat Cotlege (LOC) |
Apotlo Medical College (Loc) |
Apollo Medical College (LINR) |
| t7 | Paruchuri Tejasrvi |
420f020)41 | 59679 | Mamata Medical College(LOC) |
Mamata Medical College (LOC) |
Mamata Medical College (Loc) |
Mamata Mcdical College (UNR) |
| l8 | Nabiha | 4102040561 | 57902 | Kanrineni I.1cdicaI Collcgc llydcrabad (LOC) |
Kamineni Medical College Hvd (LOC) |
CAnand Rao Medicat Coltege (Loc) |
CAnand Rao Medical College (LINR) |
| t9 | UpputaVigna |
4)02020449 | (r3280 | CAnandRao Mcdical College(LOC) |
CAnand Rao Medical Coltege (LOC) |
CAnand Rao Medical College (LOC) |
CAnand Rao Medical College GTNR) |
| 20 | SreeKartecka Kaumudi Satagrama |
42 1904017.1 | 575(rli | Kamineni Mcdical Collcge Narkctpalli I r.oc) |
Kamineni Medical College Narketpatli (Loc) |
Kamineni Medical College Narketpalli (Loc) |
Kamineni Medical College Narketpalli (UNR) |
| 2l | Mancherla Akshita |
420r080120 | 58115 | Kanrincni Nlcdical ('ollege Narketpalli (l-oc) |
Kamineni Medical College Narketpalli (r.oc) |
Kamineni Medical College Narketpalli (LOC) |
Kamineni Medical College Narkclpalli GTNR) |
| Namc | Roll.No | A India llank |
COLLECE | ALLOTTEDI | NSTRAY V | ACANCY | |
| 22 | GaddamAnoop Redd |
4109030522 | l6I651 | i Kanlincni lnstit |
uteofMedical | SciencesN | arketpalli |
w
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i
| 23 | Sura.j Muppa Guptha |
420201094i | t62'.7'14 | Kamineni Institut€ofMedicalSciencesNarketpalli |
|---|---|---|---|---|
| 24 | MehakAgarrval | 420112064i | t61785 | C Anand Raolnstitute of MedicalSciences-Karim r |
| 25 | Vaidyam Manasmith Kumar |
4219030260 | t6t8t0 | CAlandRao lnstinrteof MedicalSciences-Karimlagar |
| lo | MattaJayanth | 12280t0226 | 18llII | Rajiv lnstitute of MedicalScierrces-Adilabad |
| 27 | WasfiaKhuteja | 420t400t37 | t85047 | KakatiyaMedicalCollege-Warangat |
| 2E | Mamidi Shashiveena |
4201060595 | 178870 | RajivInstituteof MedicalScienccsAdilabad |
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contained in the notice dated 27.09.2023 have been violated, is misconceived
13.2. Under exceptional circumstances, if the court hnds that there is no fault attributable to the candidate and thc candidate has pursued his/her legal right expcditiously without any delay and there is fault only on the part of the authorities and/or there is apparent brcach of rules and lesulations as well as related
20
pnnciples in the process of grant of admission which would violate the right of equa_lity and equal treatment to the competing candidates and if the time schedule prescribed - 30th September, is over, to do the complete justice, the Court under exceptional circumstances and in rarest of rare cases direct the admission in the same year by directing to increase the seats, however, it should not be mor€ t_han one or two seats and such admissions can be ordered within reasonable time i.e. within one month from 3ottr September i.e_ cut-off date and under no circumstances, the Court shall order any admission in the same year beyond 3oth October. However, it is observed that such relief cal be granted only in exceptional circumstances and in the rarest of rare cases. In case of such an eventuality, the Court may also pass an order cancelling the admission given to a candidate who is at the bottom of the merit list of the category who, if the admission would have been given to a more meritorious candidate who has bcen denied admission illegally, would not have got the admission, if the Court deems it Iit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled.
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25 For the alorcmentioned reasons, we do not hnd any mcrrt in these writ petitions
26 The writ petrLions fail and are hereby dismissed
2l
Miscellaneous applicationspending, if any, shallstand
closed. However, there shall be no order as to costs.
SD/- T.JAYASREE ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
tVIP LS
il
HIGH COURT
DATED:1311212023
1 H S TA 14:
,<br>o O 3 JAN 7 n)4 oZ
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* D s t\T C 9O *
COMMON ORDER
WP.Nos.28062 and 2B1gS of 2023
DISMISSING THE WRIT PETTTIONS WITHOUT COSTS
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2 issues framed by the court
Whether the university violated the notice dated 12.07.2022 and Supreme Court order dated 31.03.2022 by allotting seats in stray vacancy round to candidates already admitted in earlier rounds.
Whether the petitioners, being non-local candidates, can challenge admissions of local candidates who are more meritorious in their category.
Colour shows how this judgement treated each authority
S.Krishna Sradha v. State of Andhra PradeshRelied on¶24
S.Krishna Sradha v. State of Andhra Pradesh
SLP (C) No.10487 of 2021Referred¶2
Subhankar Pattanayak v. K.Ramesh ReddyReferred¶15
W.P. (C) No.174 of 2022
Notification DT. 12.07.2022Referred¶13
2 provisions across 2 enactments
Kallu. Thoran sai Revanth Bqd^dy
Alamuri M M Sankeerthana
Union of India
State of Telangana
National Medical Commission
Kaloji Narayanarao University of Health Sciences
Alok Aradhe
Anil Kumar Jukanti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
