Telangana High Court
Md Riyan Ali Khan vs The State Of Telangana on 16 November, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
W.P.No.41866 OF 2022
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following relief:
"...to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents particularly the 2nd respondent in not permitting the petitioner to upload NRI documents for admission into MBBS/BDS course under "C" Category for admission into MBBS/BDS course under Management Quota "C"
Category in 2nd phase of counseling for the academic year 2022-23 as illegal, arbitrary, unconstitutional and consequently direct the respondents to consider and permit the petitioner to upload the NRI documents for admission into MBBS/BDS course under Management Quota "C" category for the academic year 2022-23 in 2nd phase of counseling and pass..."
2. Heard Mr. L. Ram Singh, learned counsel for the petitioner and Mr. A. Prabhakar, learned Standing Counsel for the respondents.
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3. Learned counsel for the petitioner contended that that petitioner has appeared for National Eligibility-cum- Entrance Test (UG)-2022 and secured decent rank, but petitioner could not secure admission into MBBS/BDS under Convener Quota; while so, the 2nd respondent- University has issued a notification for admission into Management Quota and NRI Quota on 19-10-2022; pursuant thereto, petitioner has applied for Management Quota, but he has not applied for NRI Quota; the grievance of the petitioner is that the 2nd respondent- University is not considering the application of the petitioner for NRI Quota only on the ground that he has not ticked the relevant column in the application form; and therefore, prayed this Court to pass appropriate orders in the writ petition by directing the 2nd respondent-University to consider the case of the petitioner for admission into NRI Quota as near relative 3 of the petitioner is willing to sponsor his education under NRI Quota as per Rules.
4. On the other hand, learned Standing Counsel appearing for the 2nd respondent-University contended that let the petitioner submits a representation to the 2nd respondent-University, there-after the 2nd respondent University would consider the same and pass appropriate orders in accordance with law.
5. This Court having considered the rival submissions made by the learned counsel for the parties is of the view that this writ petition can be disposed of by directing the petitioner to submit a representation to the 2nd respondent-University seeking permission to participate in the counseling under NRI Quota by enclosing the NRI Sponsorship Certificate within a period of three days from today and on receipt of such representation, the 2nd respondent-University shall 4 consider the same and pass appropriate orders in accordance with law.
6. Accordingly, the Writ Petition is disposed of. No costs.
7. Miscellaneous petitions, if any, pending shall stand closed.
__________________________________ JUSTICE ABHINAND KUMAR SHAVILI _________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO Date: 16.11.2022 Gv/prat 5 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO W.P.No.41866 OF 2022 Date: 16.11.2022 Gv/prat 6 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO W.P.No.41866 OF 2022 ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili) This writ petition is filed seeking the following relief:
"...to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents particularly the 2nd respondent in not permitting the petitioner to upload NRI documents for admission into MBBS/BDS course under C-Category for admission into MBBS/BDS course under Management Quota C- Category in 2nd phase of counseling for the academic year 2022-23 as illegal arbitrary unconstitutional and consequently direct the respondents to consider and permit the petitioner to upload the NRI documents for admission into MBBS/BDS course under Management Quota C-category for the academic year 2022-23 in 2nd phase of counseling and pass..."
Heard Mr. L. Ram Singh, learned counsel for the petitioner, and Mr. A. Prabhakar learned standing counsel for the respondents.
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It is the case of the petitioner that he has appeared for National Eligibility-cum-Entrance Test (UG)-2022 and he has secured decent rank, but, he could not secure admission into MBBS/BDS under Convener Quota. While so, the 2nd respondent-University has issued a notification for admission into Management Quota and NRI Quota on 19-10-2022. Pursuant thereto, the petitioner has applied for Management Quota, but he has not applied for NRI Quota.
The grievance of the petitioner is that the 2nd respondent-University is not considering the application of the petitioner for NRI Quota only on the ground that he has not ticked the relevant column in the application form.
Learned counsel appearing for the petitioner had contended that appropriate orders be passed in the writ petition directing the 2nd respondent-University to 8 consider the case of the petitioner for admission into NRI Quota as near relative of the petitioner is willing to sponsor the education under NRI Quota as per Rules.
Learned Standing Counsel appearing for the 2nd respondent-University had contended that let the petitioner submits a representation to the 2nd respondent- University, the University would consider the same and pass appropriate orders in accordance with law.
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 petitioner to submit a representation to the 2nd respondent-University seeking permission to participate in the counseling under NRI Quota by enclosing the NRI Sponsorship Certificate within a period of three days from today and on receipt of such representation, 9 the 2nd respondent-University shall consider the same and pass appropriate orders in accordance with law.
Accordingly, the Writ Petition is disposed of. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
__________________________________ JUSTICE ABHINAND KUMAR SHAVILI _________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO Date: 16.11.2022 Prat/gv HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO 10 11 W.P.No.41866 OF 2022 Date: 16.11.2022 Prat/gv