Andhra Pradesh High Court - Amravati
Dr. Kartheek Thota vs Sri Venkateswara Institute Of Medical ... on 11 December, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010699902014
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3327]
(Special Original Jurisdiction)
THURSDAY, THE ELEVENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 16486/2014
Between:
1. DR. KARTHEEK THOTA,, S/O. T.RAMABADRAM, AGED
ABOUT 27 YEARS, R/O. H.NO. 3-9-39, GUTTALA BAZAR,
ZAHEERPURA, KHAMMAM - 507 003
...PETITIONER
AND
1. SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCE
TIRUMALA, TIRUPATHI DEVASTHANAMS, TIRUPATHI,
CHITTOOR DISTRICT - 517 507, REP. BY ITS REGISTRAR
2. THE MEDICAL BOARD OF SRI VENKATESWARA
INSTITUTE OF, MEDICAL SCIENCE, C/O. REGISTRAR, SRI
VENKATESWARA INSTITUTE OF MEDICAL SCIENCE,
TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI,
CHITTOOR DISTRICT - 517 507.
3. MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14,
DWARAKA, NEW DELHI - 110077, REP. BY ITS
SECRETARY
4. SRI BHASKAR RAO SANGAREDDY, S/O. & AGE NOT
KNOWN TO THE PETITIONER, C/O. REGISTRAR, SRI
VENKATESWARA INSTITUTE OF MEDICAL SCIENCE,
TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI,
CHITTOOR DISTRICT - 517 507.
...RESPONDENT(S):
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) declaring the action of the Respondents in
SRK, J
W.P.No.16486 of 2014
2
rejecting the candidature of the Petitioner for admission into P.G.
course on the premise that disability of the Petitioner in lower limbs
is above 70% as illegal, arbitrary and unjust; (ii) declare that the 4th
Respondent's selection in preference to the Writ Petitioner is illegal
and arbitrary; and (iii) consequently set aside the selection of the
4th Respondent for admission into MD. Radiology and (iv) direct
the 1 s' Respondent to admit the Petitioner in MD. Radiology
course against Roster Point No. 31 (PH) in place of 4th
Respondent and pass such other order or orders as this Hon'ble
Court may deem fit and proper in the interest of justice.
IA NO: 1 OF 2014(WVMP 1790 OF 2014
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 vacate the interim order dated
17-06-2014 passed in W.P.M.P. No.20461 of 2014 in
W.P.No.16486 of 2014
IA NO: 2 OF 2014(WVMP 1798 OF 2014
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 vacate the interim order granted
in W.P.M.P.N0.20461 OF 2014 in W.P.N0.16486 of 2014 dated:
17-06-2014 and pass
IA NO: 3 OF 2014(WPMP 20461 OF 2014
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 stay the selection of the 4th
Respondent for admission into MD Radiology offered by the 1st
SRK, J
W.P.No.16486 of 2014
3
Respondent against Roster Point No. 31 (PH category) and pass
such other order or orders as this Hon'ble Court may deem fit and
proper in the interest of justice.
IA NO: 4 OF 2014(WPMP 35238 OF 2014
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 implead the proposed
Respondent Nos. 5 to 8 herein as Respondent Nos. 5 to 8 in the
present Writ Petition and Writ Petition Miscellaneous Petitions
IA NO: 7 OF 2014(WPMP 100153 OF 2014
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
IA NO: 8 OF 2014(WPMP 143632 OF 2014
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
IA NO: 1 OF 2015(WPMP 12777 OF 2015
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 restrain the Respondents from
filling up of one post of M.D. (Radiology) available for the academic
year 2015
IA NO: 1 OF 2017(WPMP 16607 OF 2017
Petition under Section 151 CPC praying that in the
circumstances stated in the affidavit filed in support of the petition,
SRK, J
W.P.No.16486 of 2014
4
the High Court may be pleased to permit the Petitioner to attend :or
the examination of M.D. (Radiology) which are going to be held in
June, 2017 and pass
IA NO: 1 OF 2018
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 forthwith declare the Petitioner's result of final year MD
Radiology / Course examination held in June/July 2017 with further
direction to the Respondent University to award degree certificate
and passing certificate in the event the Petitioner declared as pass
in the final MD Radiology Course examination and pass
Counsel for the Petitioner:
1. VENKAT CHALLA
Counsel for the Respondent(S):
1. MARELLA RADHA (SC FOR SVIMS)
2. VIVEK CHANDRA SEKHAR S
3. BHANU PRIYA G
4. MOHD ISLAMUDDIN ANSARI
The Court made the following:
SRK, J
W.P.No.16486 of 2014
5
ORDER
This Writ Petition is filed seeking the following reliefs:
"...to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ
(i) declaring the action of respondents in rejecting the candidature of the petitioner for admission into P.G. Course on the premise that disability of the petitioner in lower limbs is above 70% as illegal, arbitrary and unjust;
(ii) declare that 4th respondent's selection in preference to the Writ Petitioner is illegal and arbitrary;
(iii) consequently, set-aside the selection of 4th respondent for admission into MD Radiology; and,
(iv) direct 1st respondent to admit the petitioner in MD Radiology course against Roster Point No.31 (PH) in place of 4th respondent and pass such other order or orders..."
2. Contents of the affidavit, filed by the Writ Petitioner, in support of the Writ Petition, in brief, are that, he has been suffering from Post Polio Residual Paralysis since 3rd year of his birth; that the percentage of disability in terms of Medical Certificate issued by the Government General Hospital, Kakinada is 65% Permanent Disability in lower limbs; that in spite of physical disability in the lower limbs, it had not caused any hindrance to the petitioner to continue his education.
(b) The Medical Council of India issued Circular dated 14.07.2003 prescribing the guidelines for filling up of seats SRK, J W.P.No.16486 of 2014 6 reserved for the persons having locomotive disability for admission into the Medical Courses, wherein, it was stated that the persons with disability in the lower limbs between 50% and 70% should be allowed the benefit of reservation under the Rights of Persons with Disabilities Act, 2016 for admission into the Medical Courses. The Central Government also issued letter bearing F.No.U.12021/ 8.202-MEC/ME-III, dated 12.05.2004 to consider the candidates for 3% quota having regard to disability to lower limbs between 50% and 70%; that the petitioner got (free seat) admission in Rangaraya Medical College, Kakinada in the year 2006 and accordingly, he joined in MBBS course and successfully completed the said course including Internship in the year 2012.
(c) The petitioner applied for Post Graduate Medical course offered by Dr.N.T.R. University of Health Sciences, Vijayawada for the Academic Year 2013 with Hall Ticket No.516743 and secured 4359 rank; that the disability percentage of petitioner was assessed at 65%, but with the rank of 4359, the petitioner could not get seat of his choice; that one Bhaskar Rao Sangareddy, belonged to BC-D community, also appeared in the said examination with Hall Ticket No.532065 and he secured 7213 rank and his disability was fixed at 40% - 50%.
SRK, J W.P.No.16486 of 2014 7
(d) That Sri Venkateswara Institute of Medical Sciences issued prospectus SVIMSPGET-2014 invited applications to Post Graduate (MD) course for May, 2014 Session and notified 17 seats; that it was stated therein that in case, Medical Council of India permits for increase of seats in the existing course or permits new course(s), they would be filled from the merit list of the Entrance Test conducted by the University; that in pursuance of the said Notification, petitioner applied for the course and secured 73 marks in the Entrance examination and possessed 60.98% in MBBS course; that the petitioner secured 387 rank in the written examination; that 1st respondent drawn up provisional list of PGET- 2014 (Merit-wise) under PH Category and in the merit list comprising of 21 candidates, the petitioner name was at Serial No.1, as he secured highest marks in the PH Category candidates and one Bhaskara Rao Sangareddi was at Serial No.9, as he secured 56 marks with 60.61% in MBBS course and 947 rank in entrance examination.
(e) That the candidates who were included in the select list, were required to report one day before counseling together with Disability Certificate obtained from a Medical Board Authority constituted by the State Government and that PH Certificate should SRK, J W.P.No.16486 of 2014 8 be issued within three months prior to the last date of submission of application for claiming benefit of reservation; that the petitioner was issued PH Certificate by the Superintendent, Government General Hospital, Kakinada on 21.03.2014 in terms of G.O.Ms.No.109, Women Development, Child Welfare and Labour Department, dated 15.06.1992 stating that the petitioner was suffering from Post Polio Residual Palsy of both lower limbs with Hand Stick Gait and the percentage was arrived at 65% permanent disability.
(f) The prospectus notified that qualified candidates have to report for counseling in person together with original documents as detailed in Appendix-III making it clear that the candidates who do not attend the counseling, shall forfeit right for admission; that it was also specific that the candidates will be called in the order of roster point from 100 points roster system, commencing from roster point No.31 for the Academic Year, which is earmarked for OC (PH); that out of 21 candidates, only 4 candidates, including the petitioner and 4th respondent viz. Bhaskar Rao Sangareddy, were present for physical examination by the Medical Board; that it was declared that the petitioner was having disability of 87% and the other two candidates were declared to be not within 50% - 70% and SRK, J W.P.No.16486 of 2014 9 4th respondent was declared to be within 51% and on that basis, 4th respondent was offered seat in MD (Radiology) under roster point No.31. The decision on the part of respondents in denying the admission of petitioner is an erroneous one. Hence, the Writ Petition.
3. The respondent Nos.1 and 2, in their counter-affidavit, denied the contents of the Writ Petition affidavit, and contended that on 09.06.2014, four candidates appeared for physical examination and the Medical Board examined the physical impairment/locomotor disability of candidates in detail, basing on the guidelines issued by the Government of India, which in turn, was the basis for Software for Assessment of Disabled for Access Rehabilitation and Empowerment (for brevity 'SADAREM') which was utilized for documenting the disability; that accordingly, the Medical Board of respondent-Institution furnished their Assessment Report in a sealed cover to the Selection/Counseling Committee, which was opened in front of all the four candidates and their signatures were obtained on the date of counseling i.e., on 10.06.2014; that after verifying the Assessment Report, the Selection Committee came to a conclusion and the petitioner was not offered the seat because of his disability is beyond 70%. It was SRK, J W.P.No.16486 of 2014 10 clearly implied that selection will not be made purely on the Certificate produced by the candidate but, physical examination will also be conducted by the Medical Board constituted for this purpose.
(b) As per the PHC Assessment made by the Medical Board, 4th respondent was within the range of 50-70% and called for counseling to take the admission and the petitioner disability was 87% and it is not within the rage of 50-70%. It was clearly mentioned in the prospectus under Column No.V 2 (iv) that the Medical Board constituted by SVIMS will examine the candidates and scrutinize their claim for reservation under PH for confirmation of eligibility and not as interpreted by them and the admission of their eligibility was on the basis of disability certificate alone issued prior to the last date for submission of application claiming the benefit of reservation. Hence, it is prayed to dismiss the Writ Petition.
4. Respondent No.4 filed counter-affidavit denying the allegations levelled in the Writ Petition affidavit, contending inter alia that there is no illegality or malafideness in the decision of the Medical Board constituted by 1st respondent-Institution and declaring the petitioner as ineligible only basing upon the decision SRK, J W.P.No.16486 of 2014 11 of the Medical Board is correct; that the petitioner is not entitled to attribute malafideness on the part of the Members of the Medical Board without making them as party to the Writ Petition and without giving them an opportunity. All the candidates claiming the benefit of reservation for the persons with locomotive disability to lower limbs shall undergo medical examination conducted by the Medical Board constituted by 1st respondent and its decision is final; that the allegation that respondent Nos.1 and 2 engineered the new method of assessment of physical inability and thereby deprived the petitioner, is vague and without any basis; that the Medical Board conducted examination and the locomotive disability to 4th respondent was only 51%, which is within the category of 50% to 70% and as such, he was eligible. it is prayed to dismiss the Writ Petition.
5. Petitioner filed reply-affidavits to the counter-affidavits filed by respondent Nos.1, 2 and 4, contending that paragraph No.4 of the instructions issued by 1st respondent specifies that candidates should produce Disability Certificate issued within 3 months prior to the last date of submission of application and the Medical Board constituted by 1st respondent will scrutinize/verify the disability of the candidates. Therefore, as per the said SRK, J W.P.No.16486 of 2014 12 instruction, the physical examination is only to ensure that the candidates conform to the percentage of disability as specific in the Disability Certificate issued by the competent Medical Board. Neither the prospectus nor the counseling instructions specify that the candidates are required to get their assessment of disability on the basis of SADAREM. Thus, the procedure and the mechanism adopted by the Medical Board has to be rejected in limini. The Medical Board was only to ensure that the candidate is fit to undergo the course for which he is selected, but they have no power or authority to assess the percentage of disability.
6. Heard the learned counsel for the Writ Petitioner and learned Standing Counsel for respondent Nos.1 and 2 and learned counsel for respondent No.4. Perused the entire material on record.
7. A perusal of contentions and rival contentions of both parties goes to show that the petitioner is having Permanent Disability to his lower limbs with 65% percentage of disability in terms of Medical Certificate issued by the Government General Hospital, Kakinada. The material on record further goes to show that though the petitioner appeared for SVIMSPGET-2014 for getting entrance into Post Graduate (MD) Course and secured 73 marks with 387 rank in the written examination, the petitioner was SRK, J W.P.No.16486 of 2014 13 declared that he was having disability of 87% and not within 50% - 70% and 4th respondent, who secured 56 marks with 947 rank in the said entrance examination, was declared to be within 51% and on that basis, 4th respondent was offered seat in MD (Radiology) under roster point No.31.
8. A perusal of contents of the counter-affidavits goes to show that the Medical Board examined the physical impairment/ locomotor disability of candidates in detail, basing on the guidelines issued by the Government of India, and on the basis of SADAREM and furnished their Assessment Report, wherein, it was concluded that the petitioner was not offered the seat because of his disability is beyond 70%.
9. This Court while admitting the Writ Petition, vide Order dated 17.06.2014, suspended the admission of 4th respondent in Post Graduate Course of MD (Radiology) for the Academic Year 2014-2015. The relevant portion of the Order dated 17.06.2014 are extracted hereunder:
"...Therefore, the action of 1st respondent in granting admission in favour of 4th respondent, ignoring the claim of the petitioner, is totally unjust and unsustainable. Firstly, the petitioner secured a better and higher rank than 4th respondent in the merit list and secondly, he is a candidate with 65% of loco motor disability of his lower limbs. Therefore, his case falls within the first priority of candidates belonging to the challenged SRK, J W.P.No.16486 of 2014 14 category for admission. When once the petitioner is available, his claim cannot be ignored and a candidate with lesser degree of disability ranging between 40% and 50% cannot be picked up for admission.
Hence, the admission of 4th respondent in Post Graduate Medical Course of M.D., Radiology for the academic session 2014-15 shall stand suspended and the case of the petitioner shall immediately be taken up for admission."
10. Subsequently, vide Order dated 08.07.2014, this Court modified the Order passed by this Court on 17.06.2014, and the relevant portion of the said order is extracted hereunder:
"... However, the orders passed by this Court on 17.06.2014, shall stand modified to the following extent, namely, the writ petitioner may be granted provisional admission subject to the result of this Writ Petition and without cancellation or disturbing the admission of the fourth respondent until further orders are passed by this Court."
11. Respondent Nos.1 and 2 and respondent No.4 filed WVMP No.1798 of 2014 and WVMP No.1790 of 2014, along with counter-affidavits, respectively, praying the Court to vacate the interim Order, dated 17.06.2014. On that, this Court, vide Order dated 10.07.2014, modified the Order 17.06.2014, and the relevant paragraphs of the order are extracted hereunder:
"... However, in view of the assessment of the disability of all the four candidates made by the Medical Board, the writ petitioner's disability has been assessed at 87%. Though he has SRK, J W.P.No.16486 of 2014 15 secured the best rank in the written examination, he could not be considered for admission as the percentage of disability in his case crossed the maximum permissible limit of 70%, prescribed for admission to students by the Medical Council of India. Same is the case with one more meritorious candidate whose disability has been assessed as 80%. Since the disability of the respondent was assessed as 51%, he alone out of 4, got qualified for the preferential treatment and admission to M.D., Radiology course on that basis. Therefore, at this stage, the equities appear to be evenly distributed between the writ petitioner and the fourth respondent. Hence, the order passed on 17.06.2014 shall stand modified to the following effect:
1) The fourth respondent shall be allowed to attend to the course of M.D., Radiology.
However, he shall not be paid any stipend for attending to this course until further orders are passed and that his admission will abide by further orders that are liable to be passed in this case.
2) The writ petitioner who has secured the best rank amongst competing candidates and whose disability has only been assessed as 65% by an Orthopedic Surgeon, as recently as on 21.03.2014, shall be accorded provisional admission into the M.D., Radiology course. He may be permitted to attend to the classes subject to his fulfilling all other requirements and rules including payment of fee."
12. On 28.04.2017, this Court passed the following interim Order:
"In view of the interim order dated 10.07.2014 and on completion of course of the petitioner, though the parties did not SRK, J W.P.No.16486 of 2014 16 appear for hearing in the year 2015, this Court sees it appropriate to permit the petitioner to attend the M.D., Radiology examination to be held by the first respondent in the month of June or July, 2017, but shall not declare the result of the petitioner until further orders from this Court."
13. Subsequent to the aforesaid order, the petitioner attended the course regularly and completed the said course in the month of March, 2016. Though, the petitioner completed the MD Radiology course, he was not permitted to appear for the Final Examination at the end of the said course. In view of the said reason, the petitioner filed I.A.No.1 of 2017 in Writ Petition No.1660 of 2017 seeking direction from this Court to appear for the Final Examinations in MD Radiology course.
14. Vide Order dated 28.04.2017, this Court permitted the petitioner to appear for the MD Radiology Final Examination held by 1st respondent in the month of June/July, 2017. However, this Court further observed that the result of the petitioner be declared subject to further orders of this Court. The petitioner appeared for MD Radiology Final Year Examination conducted by 1st respondent in the month of June/July, 2017 onwards and the result of the petitioner has not been declared so far.
SRK, J W.P.No.16486 of 2014 17
15. Learned counsel for the petitioner would contend that petitioner is suffering from Post-Polio Residual Paralysis and the said disability is permanent and non-progressive in nature and admittedly, the disability percentage would not increase over time. Though, learned Standing Counsel for respondent Nos.1 and 2 and learned counsel for respondent No.4 denied the averments of petitioner, they concede with the contention of petitioner that the disability sustained by the petitioner is non-progressive and they did not object the admission of petitioner in 1st respondent-College, as ordered by this Court dated 08.07.2014.
16. A perusal of the material on record goes to show that indisputably, the petitioner is suffering from Post-Polio Residual Paralysis and the said disability is permanent and non-progressive in nature and the percentage of disability would not increase over time. Furthermore, the petitioner admitted into MBBS Course under the persons with Disability category with same disability. At that point of time, the Special Medical Board, constituted by the respondent authorities, assessed the disability of the petitioner and certified that the petitioner was fit and eligible for admission into MBBS course. When once it was certified that the petitioner was fit and eligible for admission into MBBS course and there would not SRK, J W.P.No.16486 of 2014 18 be increase in disability as it is non-progressive, it is highly impossible to believe that the present disability is more than 70%. When once the Special Medical Board concluded, certifying that the disability of petitioner is non-progressive and thereafter, the petitioner completed the MBBS course, declaring the petitioner's disability at 87% and not considering his candidature on the ground that the petitioner's disability does not fall within the range of 50- 70%, is unsustainable. The balance of convenience is in favour of petitioner and therefore, this Court Order dated 08.07.2014 directing the respondents concerned to grant provisional admission without cancellation or disturbing the admission of 4th respondent is hereby made absolute. In view of the same, this Court would deem it appropriate to direct respondent No.1 to declare the result of petitioner for M.D. Radiology course Final Examination, held in the month of June/July, 2017.
17. Accordingly, the Writ Petition is disposed of, directing the respondent No.1 to declare the result of petitioner, who appeared for M.D. Radiology course Final Examination, held in the month of June/July, 2017 and the respondents shall provide the Certificate, accordingly, to the Writ Petitioner, on collecting the requisite fee, if any. Consequently, this Court Order dated SRK, J W.P.No.16486 of 2014 19 08.07.2014, modifying the Order passed by this Court on 17.06.2014, granting provisional admission without cancellation or disturbing the admission of the fourth respondent is hereby made absolute.
There shall be no order as to costs, Consequently, miscellaneous applications pending if any, shall also stand closed.
JUSTICE K. SREENIVASA REDDY 11th December, 2025.
DNB