Andhra Pradesh High Court - Amravati
Parvatha Reddy Chandrahasa vs The State Of Andhra Pradesh on 10 September, 2024
APHC010248582024 Bench Sr.No:-1
IN THE HIGH COURT OF ANDHRA PRADESH
[3483]
AT AMARAVATI
WRIT PETITION No.12333 of 2024
Parvatha Reddy Chandrahasa ...Petitioner
Vs.
The State of Andhra Pradesh and others ...Respondent(s)
**********
Smt. Jyothi Eswar Gogineni, Advocate for the petitioner.
Mr. Vivek Chandra Sekhar S, Mr. G. Vijaya Kumar, Advocates for Respondents.
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 10th September, 2024 PC:
Dr. NTR University of Health Sciences through its Registrar, Vijayawada, Andhra Pradesh, is incorporated as a party respondent and shall figure as respondent No.5.
Mr. G. Vijaya Kumar, learned standing counsel, waives service on behalf of respondent No.5.
1. The petitioner applied for admission in the PG course pursuant to notification, dated 16.04.2024. One of the eligibility conditions prescribed in the said notification was that a candidate should have completed his/her internship by 15th of August, 2024.
2. The petitioner in the instant case admittedly completed her internship on 07th of September, 2024. However, in the meantime, it appears that the petitioner was permitted to participate in the NEET-PG examination and not only that the petitioner claims that she has made up the merit.
2HCJ & RC,J WP_12333_2024 The counseling sessions are stated to be in shortly. The apprehension expressed by the petitioner, at this stage, is that on account of the fact that the petitioner did not complete her internship within the time limits prescribed by virtue of notification, dated 16.04.2024, she may not be permitted to participate in the counseling during the counseling sessions.
3. Learned counsel for respondent No.3 states that the petitioner, in terms of the notification, dated 16.04.2024, is certainly not eligible and that the condition of eligibility with regard to completion of the internship has been strictly applied to all similarly situate candidates across the Board without any exception.
It is also stated that the Hon'ble Supreme Court has time and again emphasized the need for completing the entrance examination for PG courses well within time and, therefore, any direction issued would contravene the mandate of the ratio of the Apex Court judgments.
4. Admittedly, the petitioner was not eligible in terms of the notification, dated 16.04.2024, having not completed the internship within the time prescribed. However, the petitioner was permitted to participate in the NEET- PG examination and has also made up the merit.
One of the prime reasons for prescribing cut-off date for completion of internship programmes is to ensure that the process of admission in the PG courses is not delayed and the courses start within time.
In the present case, assuming that the petitioner was not eligible on the cut-off date as was prescribed by the NMC, yet, the petitioner has since completed her internship on 07.09.2024 and has also made up the merit in NEET-PG examination.
5. In the peculiar facts and circumstances of the case, perhaps, the NMC would consider making a relaxation in cases of those candidates like the petitioner or the similarly situate others, who were permitted to appear in the 3 HCJ & RC,J WP_12333_2024 NEET-PG examination for admissions for PG courses and have also in the meantime acquired the eligibility by completing the internship programmes.
6. We, therefore, direct the respondents to permit the petitioner to participate in the counseling sessions which are to be conducted shortly.
This order shall remain subject to the further orders that may be passed by us after objections are filed.
Objections be filed in two weeks.
List on 24.09.2024.
In the meantime, we would also require the respondents to place before us the data as to how many candidates are placed in situation similar to that faced by the petitioner. Data be also provided as to how many times the NMC has extended the cut-off date for acquiring the eligibility in regard to completion of internship programmes by various Universities.
DHIRAJ SINGH THAKUR, CJ RAVI CHEEMALAPATI, J Vjl