Andhra Pradesh High Court - Amravati
Makkina Avinash Rao vs State Of Andhra Pradesh on 31 May, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA VATI
SUNDAY, THE THIRTY FIRST DAY OF MAY,
TWO THOUSAND A D TWENTY
WRIT PETITION NO: 9613 OF 2020
BETWEEN:
1. Makkina Avinash Rao, S/o Venkateswarulu, Rio H.No. 27-5-266 Balaji Nagar Stone
Housepeta, Nellore, SPSR Nellore District
2. Menta Yaswanth Kasyap, S/0 Satyanarayana, Rio H.No. 27-5-266, Balaji Nagar, Stone
Housepeta, Nellore, SPSR Nellore District
... Petitioners
AND
1. State Of Andhra Pradesh, Rep. by its Principal Secretary, Health, Medical and Family
Welfare Department, Secretariat, Amaravati
2. Dr. NTR University Of Health Sciences, rep by Its Registrar, Vijayawada, Andhra
Pradesh 520008
... Respondents
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 order, direction
more particularly in the nature of mandamus declaring the G.O.Ms. No. 57 Health, Medical And
Family Welfare (Cl) Department, dated. 29.05.2020 whereby amended Sub Rule (viii) of Rule II
of G.O.MS. NO. 43 Health, Medical And Family Welfare (El) Department Dated 13.03.2013 as
illegal, arbitrary, discriminatory, unconstitutional and violative of principles of natural justice
apart from being violative of article 15 of the constitution of India and consequently set aside the
same in the interest of the justice.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri Kambhampati Ramesh Babu, Advocate
for the Petitioners and of the Advocate General appearing for the Respondent No. I and
of Sri G.Vijay Kumar, Standing Counsel, for Respondent o.2, the Court made the following:
ORDER
"Showing urgency in the matter, the Writ Petition was moved as house motion.
We heard Sri K.Ramesh Babu, learned counsel for the petitioners, learned Advocate General, appearing for the 1 1 respondent-State, and Sri G.Vijay Kumar, learned counsel appearing on behalf of Dr.NTR University of Health Sciences, 2nd respondent.
In the present Writ Petition the petitioners have basically assailed the amendment made by G.O.Ms. No.57, dated 29.05.2020, whereby clause (viii) of G.O.Ms. No.43, dated 13.03.2013, was amended.
Learned Advocate General informs the Court that in view of Ex.P-4, Notification for exercising web options for 1st phase of counseling for admissions into the State quota seats (CQ) of Post-Graduate Medical/Dental Degree/Diploma Courses under Dr.NTR UHS & PG Medical Courses available in SVIMS, Tirupati for the academic year 2020-21, the web options counseling for Post-Graduate Medical/Dental Degree/Diploma Courses has already proceeded. However, he wanted some time to obtain instruction and file counter- affidavit. He further submits that in the Writ Petition no specific instance has been brought on record showing infringement of right of the petitioners and as such he submitted that there is no reason for passing any interim order.