Telangana High Court
Shaik Husna Tabassum And 5Others vs The State Of Telangana And 3Others on 11 November, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE E.V. VENUGOPAL
W.P.No.41380 OF 2022
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) This writ petition is filed seeking the following relief:
"to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondent authorities more particularly Respondent No 2 in issuing the Letter/ Notification dated 05 11 2022 for N C C candidates for admissions into MBBS/ BDS courses for the academic year 2022-23 notifying that unless the University receives the N C C priority list before the Second phase of counseling i e on 12 11 2022 it is not feasible for the University toprovide for N C C quota in MBBS/BDS admissions for the academic year 2022-2023 and the N C C quota seats shall be added to respective categories OC/SC/ST/BC in the Mop Up phase of counseling as illegal arbitrary void and contrary to the Telangana Medical and Dental Colleges AdmissionAdmission into MBBS and B D S Courses Rules 2017 principles of natural justice and against the legitimate expectations and direct Respondent No 2 university not to act hastily and keep vacant the seats for Petitioner for admission into MBBS/ BDS course for the academic year 2022-23 till the receipt of the N C C Directorate priority/merit list which ought to be submitted by the Respondent No 4 and consequently direct the Respondent No 4 to submit the N C C Priority list to the Respondent No 2 university immediately for admissions into MBBS/ BDS courses for the academic year 2022-23... "
Heard Sri R.S. Shravan Kumar, learned counsel for the petitioners; learned Government Pleader for Medical Health and Family Welfare for the 1st respondent; Sri A.Prabhakar Rao, learned Standing Counsel for the 2nd respondent-Kaloji Narayana Rao University of Health Sciences; and 2 Sri. Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondents 3 and 4.
It is the case of the petitioners that they have appeared for NEET under Graduate Entrance Examination-2022 and they have secured decent marks. They have participated in NCC and received the certificate also. The State has ear-marked certain percentage of seats in respect of NCC students. The petitioners responded to the notification issued by the 2nd respondent for admission into NEET examination and they are also claiming reservation under NCC quota. The grievance of petitioners is that respondents 3 and 4 including the University are not verifying the NCC certificate of the petitioners and the 2nd respondent-University has also issued a notification on 05.11.2022 wherein it was stated that unless the University receives priority list from respondents 3 and 4 by 12.11.2022, it cannot be feasible for the University to proceed for admission into MBBS and BDS under NCC quota for the academic year 2022-23.
Learned counsel appearing for the petitioners contended that when the State has taken a policy decision to extend reservation in respect of NCC candidates, the 2nd respondent -University cannot proceed with the admissions and allocate the seats even if the NCC priority list is not yet received by the 2nd respondent-University from the respondent Nos.3 and 4. Therefore, appropriate orders be passed in the writ petition by directing the 2nd respondent-University to forward the certificates 3 uploaded by the petitioners by today itself to the respondent Nos.3 and 4 and thereafter, direct the respondents 3 and 4 to verify the certificates of the petitioners and submit NCC priority list in the physical form to the 2nd respondent-University on or before 12.11.2022 without fail.
Learned Standing Counsel appearing for the 2nd respondent-University had submitted that the certificates uploaded by the candidates would be forwarded to the 3rd and 4th respondents in the form of E-Mail by today itself.
Learned Standing Counsel appearing for respondents 3 and 4, on instructions, had submitted that if the certificates are received from the 2nd respondent-University, respondents 3 and 4 will verify the same and submit the NCC priority list in the written form to the 2nd respondent-University on or before 12.11.2022.
Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this writ petition can be disposed of directing the 2nd respondent university to upload the certificates submitted by the petitioners and other NCC candidates in the form of E-Mail to respondents 3 and 4 by today itself. On receipt of such certificates, respondents 3 and 4 shall verify the certificates and submit the same in written form of NCC priority list to the 2nd respondent-University on or before 12.11.2022, so as to enable the 2nd respondent-University to process the applications of the petitioners under NCC quota.
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Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.
____________________________________ JUSTICE ABHINAND KUMAR SHAVILI ________________________ JUSTICE E.V. VENUGOPAL Date: 11.11.2022 myk 5 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE E.V. VENUGOPAL Writ Petition No.41380 of 2022 Date : 11.11.2022 myk 6