Andhra Pradesh High Court - Amravati
K Pallavi vs The State Of Ap on 27 October, 2022
HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
WRIT PETITION No. 34778 OF 2022
ORDER:
(Per Hon'ble Sri Justice A.V.Sesha Sai) This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
".... to issue an appropriate Writ, order or direction preferably a Writ in the nature of Mandamus declaring the action of the 3 rd respondent in issuing Notification dated 12.10.2022 changing the schedule for registration of online application form and uploading of all relevant scanned original certificates as 13.10.2022 to 20.10.2022 instead of 17.10.2022 to 28.10.2022 as prescribed by the 4rd Respondent in respect of the students who appeared for NEET UG-2022 examination and secured ranks for admission into UG Graduate (MBBS, BDS, BAMS, BHMS & BUMS) Courses for the seats available under Competent Authority Quota in Government, Private Un-aided, Non-Minority and Minority Medical, Dental, Ayurveda, Homeopathy & Unani Colleges, affiliated to the 3rd Respondent and also for MBBS course in Sri Padmavathi Medical College for Women (Under SVIMS), Tirupati for the Academic Year 2022-23 is illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India and consequently, direct the 4th respondent to permit the petitioner to submit he online application form and upload scanned original certificates for the above purpose and pass such other order or orders as this Court may deem fit and proepr in the circumstances of the case."2
2. Heard Sri Ram Babu Devavarapu, learned counsel for the petitioner and Sri G. Vijay Kumar, learned Standing Counsel for the 3rd respondent-University.
3. According to the petitioner, she completed SSC in the month of March, 2020 and Intermediate in March, 2022 and in both the courses she secured A-Grade. She appeared for National Eligibility Cum Entrance Test (Undergraduate) i.e., NEET (UG) and in the said examination, she secured All India Rank of 31,333 and Category Rank of 4,359. She appeared for counselling for All India Quota and could not secure a seat. As per the NEET (UG) Schedule-2022, the schedule for 1st round of State Counselling came to be fixed from 17.10.2022 to 28.10.2022. The 3rd respondent-University of Health Sciences issued a Notification on 12.10.2022, inviting online applications for admission into UG Graduate (MBBS, BDS, BAMS, BHMS & BUMS) Courses for the seats available under Competent Authority Quota in Government, Private Un-aided, Non-Minority and Minority Medical, Dental, Ayurveda, Homeopathy & Unani Colleges, affiliated to the 3rd respondent, fixing the schedule for registration of online application forms and uploading of relevant scanned original certificates as 10.00 a.m. on 13.10.2022 to 6.00 p.m. on 20.10.2022. 3
4. According to the learned counsel for the petitioner, the 3rd respondent-University fixed the said dates of counselling contrary to NEET Schedule 2022 and according to which the time was fixed from 17.10.2022 to 20.10.2022 and the said aspect is not in dispute.
5. It is submitted by the learned counsel for the petitioner that the said fixation of time by the 3rd respondent-University is contrary not only to the schedule issued by the 4th respondent but also to the Notice dated 25.10.2022 of the Government of India, Director General of Health Services, Medical Counselling Committee, New Delhi (Copy of the said Notice dated 25.10.2022 is placed on record) as per which, the schedule fixed was from 17.10.2022 to 20.10.2022.
6. In the above background, it is submitted by the learned counsel for the petitioner that in view of change of schedule resorted to by the 3rd respondent-University, the petitioner herein could not apply within the stipulated time.
7. On the other hand, it is submitted by the learned Standing Counsel for the 3rd respondent-University, Sri G.Vijay Kumar, that the counselling of the first round already came to be an end and merit list is also prepared. The second round of counselling is scheduled to be held on 07.11.2022. It is the case of the petitioner herein that in view of change of schedule, she could not upload the application. It is 4 submitted that in similar circumstances, this Court allowed a batch of Writ Petitions and one of such Order being WP No.9986 of 2022 which filed along with Writ Petition as a material paper.
8. Having heard learned counsel for the petitioner; learned Standing Counsel for the 3rd respondent-University and taking into consideration the Order passed by this Court in a batch of Writ Petitions, this Writ Petition is also disposed of allowing the petitioner to submit the application along with original certificates, by paying all the requisite charges, before the 3rd respondent-University within a period of one week from today. On such application being submitted and requisite charges being paid, the 3rd respondent-University shall consider the petitioner's case in accordance with law for the second round of counselling. There shall be no order as to costs.
9. Miscellaneous petitions, if any, pending in this case, shall stand closed.
______________________ JUSTICE A.V.SESHA SAI _________________________________ JUSTICE DUPPALA VENKATA RAMANA 27.10.2022 Mjl/* CC by 28.10.2022 5 HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA WRIT PETITION No. 34778 OF 2022 ORDER:
(Per Hon'ble Sri Justice A.V.Sesha Sai) (disposed of ) 27.10.2022 Mjl/*