Andhra Pradesh High Court - Amravati
Tadi Lakshmi Sri Nithya, vs The Union Of India, on 22 December, 2020
Bench: C.Praveen Kumar, R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY SECOND DAY OF DECEMBER, TWO THOUSAND AND TWENTY 'PRESENT: THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 24036 OF 2020 Between: Tadi Lakshmi Sri Nithya, D/o. T.G. Subba Rao, Aged about 18 years, Rep. by her natural Guardian and Mother Karneedi Sri Annapurna, W/o. T.G. Subba Rao, Aged 48 years, R/o. H. No. 5-5-12/2, Ibrahim Street, Surya Rao Peta, Kakinada, East Godavari District, Andhra Pradesh - 533 001 Petitioner AND 1. The Union of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi ~ 110 108 Rep. by its Director General of Health Services 2. The Director General of NCC (DG of NCC), National Cadet Corps Directorate, R.K. Puram-IV, New Delhi -110 066, Rep. by its Director General 3. National Cadet Corps (NCC)., Headquarter, A.P. and T.S. General Chaudhary Road, Secunderabad, Telangana, Rep. by its Deputy Director General. 4. Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada - 8, Rep. by its Registrar Respondents
WHEREAS the Petitioner above named through his/her Advocate K UDAYA SRI presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare that placing the Petitioner in NCC Priority II (c) plus (B) instead of NCC Priority II (d) plus (B) for admission into MBBS courses 2020-21 offered by the Respondent University is illegal, arbitrary and unjust (ii) declare that the Petitioner is entitled to NCC Priority II (d) plus (B) for admission into MBBS/BDS courses for the academic year 2020- 21, (iii) consequently direct the Respondents to consider the claim of the Petitioner as NCC Priority II (d) plus (B) and admission into MBBS course under competent authority quota/Private Management quota for the academic year 2020-21 in the Respondent University, and (iv) direct the Respondents to place the Petitioner between SI. Nos. 4 and 5 in the provisional NCC Priority List for the academic year 2020-21 AND WHEREAS the High Court upon perusing the petition and affidavit/memorandum of grounds filed herein and upon hearing the arguments of Sri Vidya Sagar, Learned Senior Counsel, representing Smt. K. UDAYA SRI, Advocate for the Petitioner AND Sri N.Harinath, Assistant Solicitor General of India, appearing for respondents No. 1 to 3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Director General of Health Services, Ministry of Health and F amily Welfare, Union of India, Nirman Bhavan, New Delhi - 110 108 Rep.
2. The Director General, The Director General of NCC (DG of NCC), National Cadet Corps Directorate, R.K. Puram-IV, New Delhi -110 066.
3. The Deputy Director General, National Cadet Corps (NCC), Headquarter, A.P. and T.S. General Chaudhary Road, Secunderabad, Telangana,
4. The Registrar, Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada - 8, are directed to show cause as to why in the circumstances set out in the petition/appeal and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
IA NO: 1 OF 2020 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 University to allot MBBS seat by considering the Petitioner under NCC Priority II (d) + (B) for the purpose of admission into MBBS course for the academic year 2020-21 under the competent authority quota seats/Private Management Quota seats, pending disposal of WP No. 24036 of 2020, on the file of the High Court.
The Court made the following: ORDER "Notice before admission.
Heard Sri Vidyasagar, learned senior counsel appearing on behalf of the petitioner and Sri N.Harinadh, Learned Assistant Solicitor General of India appearing on behalf of respondents | to 3.
A perusal of the material papers would show that though the petitioner was issued a certificate of participation in All India Nau Saunik Camp, 2019 which falls in Priority II(d) + (B), but strangely in the Priority list for the academic year 2020-2021, the petitioner was shown at Serial No.73 under Priority III (c) + (B) category thereby denying a chance to get admission into MBBS course under the said quota.
The fact that there is an error in showing Priority list is not disputed by the learned Assistant Solicitor General of India.
Having regard to the above, the respondents are directed to consider the case of the petitioner in Priority I1(d) + (B) for admission into Medical Course for the academic year 2020-2021. --~ Ove ASSISTANT REGISTRAR To,
1. The Director General of Health Services, Ministry of Health and Family Welfare, Union of India, Nirman Bhavan, New Delhi - 110 108 Rep. (by RPAD)
2. The Director General, The Director General of NCC (DG of NCC), National Cadet Corps Directorate, R.K. Puram-IV, New Delhi -110 066. (by RPAD)
3. The Deputy Director General, National Cadet Corps (N CC)., Headquarter, A.P. and T.S. General Chaudhary Road, Secunderabad, Telangana, (by RPAD)
4. The Registrar, Dr. NTR University of Health Sciences, 'Andhra Pradesh, Vijayawada - 8, (Addressee Nos. | to 4 by RPAD- along with a copy of petition and memorandum of grounds)
5. One CC to Smt. K. UDAYA SRI Advocate [OPUC]
6. One CC to SRI HARINATH \N (Asst Solicitor General) [OPUC]
7. One spare copy R HIGH COURT CPKJ RRRJ DATED:22/12/2020 NOTICE BEFORE ADMISSION WP.No.24036 of 2020 Direction ws.