Telangana High Court
Dr. S. Tejaswini And 3 Others vs The Union Of India on 27 October, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
1 AKS,J & RRN, J
WP No.39585 of 2022
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
&
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION No. 39585 of 2022
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) This Writ Petition is filed seeking Writ of Mandamus declaring the action of the respondent Nos.2 to 4 and 6 in cancelling the Postgraudation seats of the respondent No.5 without making alternate arrangements for the re-allotment and continuation of the petitioners' Postgraduate course for the academic year 2021-22 in the institutions affiliated to the respondent No.4 despite the common order dt.11.07.2022 of this Court in W.P.Nos.26751 and 24819 of 2022 as illegal and violation of Article 14 and 21 of the Constitution of India, and consequently, direct the respondent Nos.2 to 4 and 6 to make re-allotment petitioners' Postgraduatio course in their respective subjects for the academic year 2021-22 in the institutions affiliated to the respondent No.4 enabling them to continue their postgraduation course without losing academic 2 AKS,J & RRN, J WP No.39585 of 2022 years, thereby adjusting the fee already paid to respondent No.5 to the new allotted institutions.
2. Heard Sri V. Raghunath, learned counsel for the petitioners, learned Deputy Solicitor General for the 1st respondent, Smt. Pujitha Gorantla, learned Counsel appearing for 2nd respondent, learned Special Government Pleader for respondent No.3, and Sri A. Prabhakar Rao, learned Standing counsel for respondent No.4.
3. It has been contended by the petitioners that they have appeared for the National Eligibility and Entrance Test (NEET)- PG and secured decent ranks. In the counselling, the petitioners were allotted to 5th respondent college and they are pursuing their Postgraduation course. The 2nd respondent has withdrawn the recognition in respect of 5th respondent college vide proceedings dt.17.05.2022. However, decided to re- allocate the students who are studying Postgraduation Course in the 5th respondent college to other colleges vide proceedings dt.17.05.2022, 30.06.2022, 05.07.2022 and 01.08.2022 wherein the 2nd respondent has been requesting the 3rd respondent to furnish seat allocation plan so as to enable the 3 AKS,J & RRN, J WP No.39585 of 2022 2nd respondent to create supernumerary seats in the colleges where there is recognition.
4. Learned counsel for the petitioners has further contended that the students who are admitted in the 5th respondent college are the sufferers as they were not re-allocated nor the recognition was restored in favour of 5th respondent. He has drawn the attention of this Court stating that MBBS students and BDO students were already re-allocated to other colleges in view of withdrawal of recognition in respect of 5th respondent college, and when it came to Postgraduation Medical Students, no such exercise has been undertaken and the petitioners are suffering without there being any classes and training for the petitioners. Therefore, appropriate orders be passed directing the respondents to re-allocate the students who are admitted in the 5th respondent college within reasonable time so as to save academic years of the petitioners.
5. Learned Counsel for the 2nd respondent has contended that as there was deficiency in the college of 5th respondent, the 2nd respondent has rightly withdrawn the recognition of the 5th respondent vide proceedings dt.17.05.2022 and 2nd respondent 4 AKS,J & RRN, J WP No.39585 of 2022 has written letters to the 3rd respondent as well as 4th respondent so as to enable them to furnish details and re-allocation plan vide letters dt.17.05.2022, 30.06.2022, 05.07.2022 and 01.08.2022. If only the respondents No.3 and 4 submit the details, the 2nd respondent would take steps by creating supernumerary seats in the colleges where there is valid recognition, and the respondents No.3 and 4 have not responded to the letters written by the 2nd respondent. If only respondents No.3 and 4 respond to the letters of the 2nd respondent, it would create supernumerary seats and grant permission for re-allocation of students to other colleges.
6. Learned Special Government Pleader for respondents No.3 and 4 has contended that within three (03) days the State Government would respond to the letters dt.17.05.2022, 30.06.2022, 05.07.2022 and 01.08.2022 giving details to the 2nd respondent and thereafter, let the 2nd respondent consider the same and create supernumerary seats so as to enable the petitioners to be re-allocated to other colleges where there is valid recognition.
5 AKS,J & RRN, J WP No.39585 of 2022
7. Having considered the rival submissions made by bothe the parties, this Court is of the considered view that this Writ Petition can be disposed of directing the respondents No.3 and 4 to furnish details in respect of re-allocation plan within three days from today and on such receipt of response from the respondents No.3 and 4, the 2nd respondent shall create supernumerary seats and re-allocate the students to the colleges where there is valid recognition in another four (04) days thereafter. Upon such creation of supernumerary seats, all the respondents shall take effective steps to see that the students are re-allocated to the colleges where there is valid recognition. The respondents No.3 and 4 shall take re- allocation plan and upon such receipt of re-allocation plan from the respondents No.3 and 4, the 2nd respondent shall grant necessary approval for the creation of supernumerary seats.
8. With the above observations, this Writ Petition is disposed of. No costs. It is also made clear that the counsel, who are representing the case, shall inform the respondents accordingly without waiting for dispatch of the order copy.
6 AKS,J & RRN, J WP No.39585 of 2022 As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
_________________________________ ABHINAND KUMAR SHAVILI, J ______________________________________ NAMAVARAPU RAJESHWAR RAO, J Dt.27.10.2022 BDR/HK