Andhra Pradesh High Court - Amravati
Parvatha Reddy Chandrahasa vs The State Of Andhra Pradesh on 24 January, 2025
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
1
APHC010248582024 Bench
IN THE HIGH COURT OF ANDHRA PRADESH
Sr.No:-1
AT AMARAVATI [3446]
WRIT PETITION NO: 12333 of 2024
Parvatha Reddy Chandrahasa ...Petitioner
Vs.
The State of Andhra Pradesh and others ...Respondents
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Advocate for Petitioner : Mrs. Jyothi Eswar Gogineni Advocates for Respondents : Mrs. Tata Venkata Sridevi, Standing Counsel for Dr.NTR University of Health Sciences Mr. S. Vivek Chandra Sekhar CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 24th January 2025 PC:
By virtue of our order, dated 10.09.2024, considering the peculiar facts and circumstances of the instant case, we had directed the National Medical Commission (NMC) to consider making a relaxation in cases of those candidates like the petitioner and similarly situate others who were permitted to appear in the NEET PG 2024 examination for admission in the PG courses 2 and in the meantime also acquired eligibility by completing the internship program.
2. We had also directed the respondent University to permit the petitioner to participate in the counseling sessions which were to be conducted. The respondents were also directed to place before us the data as to how many candidates are placed in a situation similar to that of the petitioner who had appeared in the NEET examination but could not acquire the eligibility of having completed the internship program before the cut-off date which was fixed by NMC as on 15.08.2024. The relevant data has not been placed before us today.
3. Learned counsel for the petitioner would submit that notwithstanding the directions issued by this Court to permit the petitioner to participate in the counseling sessions, and notwithstanding the fact that the petitioner had made up the merit, the online application form was so designed that the application was not being accepted by the University. It is stated that the petitioner was also not permitted by the University to submit the application form physically.
4. Learned counsel for the petitioner, however, has drawn our attention to the order, dated 17.01.2025, issued by Dr. N. T. R. University of Health Sciences. The said order reflects the refusal on the part of the University to accept the offline application form of the petitioner on the ground that the process of accepting the offline application forms has since been 3 discontinued from the academic year 2019-2020. By virtue of this order, the candidature of the petitioner for NEET PG 2024 examination is also stated to have been deemed cancelled on account of false declaration given by the petitioner that she would be completing her internship by 15.08.2024.
5. We are of the opinion that there is an overreach by the University inasmuch as despite our specific direction to permit the petitioner to participate in the counseling session, the University proceeded not only to not give effect to the order, but also proceeded to cancel the candidature of the petitioner without seeking any clarification from this court.
6. In any case, it would have been open to the University to approach this Court to overcome any difficulty faced by the University in allowing the participation of the petitioner in the counseling sessions and that every effort should have been made to ensure implementation of the orders of this court, instead of trying to defeat the orders by hiding behind the walls of technology.
7. Insofar as the aspect of misrepresentation is concerned, on a perusal of the application form filed by the petitioner, copy whereof has been placed on record, it can be seen that it was indicated by the petitioner that the likely date of completion of internship would be 15.08.2024. On a reading of the aforementioned, it does not appear that there was any misrepresentation inasmuch as the candidate merely indicated that the internship is likely to be completed by 15.08.2024 and not that it would be completed by 15.08.2024. 4
8. An effort was made by the learned Standing Counsel for the University to suggest that the NMC has already taken a decision not to extend the cut-off date of eligibility beyond 15.08.2024, in line with the judgment of the Apex Court, which is referred to in the order, dated 03.06.2024, passed by the NMC, pursuant to the directions issued in earlier Writ Petition bearing No.11179 of 2024.
9. In our opinion, what we have suggested in our order, dated 10.09.2024, was that the respondents consider making the relaxation in cases like those of the petitioner or similarly situate others, who had appeared in the NEET PG examination and in the meantime acquired the eligibility by completing the internship program.
10. The respondents have withheld the requisite data, which we had sought, which would have given us an idea as to whether in the past the NMC had extended the cutoff date for acquiring eligibility in regard to internship programs, which is also not furnished by the respondents.
11. The whole idea behind fixing 15.08.2024 as the date by which eligibility should have been acquired could only be attributed to ensure the timely completion of PG courses. However, while it is true that a general extension may not have been advisable, yet this is a peculiar case where the petitioner had appeared in the examination and to her good luck also makes up the merit. We find it quite inequitable and harsh to deny the petitioner her 5 claim of consideration for admission and it is only for that purpose that we had directed the respondents to consider making a relaxation.
12. We fail to understand as to how an exception made in a peculiar facts and circumstances of the case, in favor of the petitioner, would have delayed the academic schedule which the NMC proclaims to be so concerned about. From the order of the NMC, dated 03.06.2024, it does appear that the schedule had been tinkered with earlier when the cut-off date was shifted from 31.03.2024 to 15.08.2024.
13. Be that as it may, no decision by the NMC has been placed on record for our perusal, pursuant to our order, dated 10.09.2024, wherein we had directed the NMC to consider making a relaxation in cases of those candidates like the petitioner or the similarly situate others who were permitted to appear in the NEET PG examination as also acquired eligibility by completing the internship program. In any case, since the other candidates are not before us, we are only concerned, for the time being, with the petitioner.
14. Be that as it may, we stay the order of University, dated 17.01.2025, and direct the University to accept the physical application form of the petitioner, which will be delivered by tomorrow to the Assistant Registrar (PG Examinations), Dr. NTR University of Health Sciences. The petitioner shall also be permitted to participate in the counseling process and shall then be considered for admission, if she otherwise makes up the merit. 6
15. List on 06.03.2025.
16. The Registrar of Dr. NTR University of Health Sciences shall file a compliance report, with regard to this Order, in the Registry of this court within one week from today.
DHIRAJ SINGH THAKUR, CJ R RAGHUNANDAN RAO, J kbs