Telangana High Court
Kota Poornika And 10 Others vs The State Of Telangana And 3 Others on 9 November, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
1
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
W.P.No.41143 OF 2022
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) This writ petition is filed seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondent authorities more particularly Respondent No.2 in issuing the Letter/Notification dated 05.11.2022 for NCC candidates for admissions into MBBS/ BDS courses for the academic year 2022-23 notifying that unless the University receives the NCC priority list before the Second phase of counseling i.,e on 12.11.2022 it is not feasible for the University to provide for NCC quota in MBBS/BDS admissions for the academic year 2022- 2023 and the NCC quota seats shall be added to respective categories OC/SC/ST/BC in the Mop Up phase of counseling as illegal, arbitrary, void and contrary to the Telangana Medical and Dental Colleges Admission (Admission into MBBS and BDS Courses) Rules 2017 and principles of natural justice and against the legitimate expectations and direct Respondent No.2-University not to act hastily and keep vacant the seats for petitioners for admission into MBBS/BDS course for the academic year 2022-23 till the receipt of the NCC Directorate priority/merit list which ought to 2 be submitted by the respondent No.4 and consequently direct the Respondent No.4 to submit the NCC priority list to the Respondent No.2- University immediately on or before 2nd phase of counseling i.e., 12-11-2022 for admissions into MBBS/ BDS courses for the academic year 2022-23 and direct the Respondent Nos. 2, 3 and 4 to develop a mechanism to avoid these type of impasses in future and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."
Heard Sri R.S.Sravan Kumar, learned counsel appearing for the petitioners, learned Government Pleader for Medical Health and Family Welfare appearing for the 1st respondent, Sri A.Prabhakar Rao, learned Standing Counsel appearing for the 2nd respondent and Sri G.Praveen Kumar, learned Deputy Solicitor General of India appearing for respondents 3 and 4.
It is the case of the petitioners that they have appeared for NEET under Graduate Entrance Examination-2022 and they have secured decent marks. They have participated in NCC and received the 3 certificates also. The State has ear-marked certain percentage of seats in respect of NCC students. The petitioners have responded to the notification issued by the 2nd respondent for admission into NEET examination and she is also claiming reservation under NCC quota. Their grievance is that respondents 3 and 4 including the University are not verifying the NCC certificates of the petitioners and the respondent- University has also issued a notification on 05.11.2022 wherein it was stated that unless the University receives priority list from respondents 3 and 4 by 12.11.2022, it cannot be feasible for the University to proceed admission into MBBS and BDS under NCC quota for the academic year 2022-23.
Learned counsel appearing for the petitioners had contended that when the State has taken a policy decision 4 to extend reservation in respect of NCC candidates, the University cannot proceed with the admissions and allocate the seats even if the NCC priority list is not yet received by the respondent-University from the respondent Nos.3 and 4. Therefore, appropriate orders be passed in the writ petition by directing the 2nd respondent to forward the certificates uploaded by the petitioners by 9.11.2022 to the respondent Nos.3 and 4 and thereafter, direct the respondents 3 and 4 to verify the certificates of the petitioners and submit NCC priority list in the physical form to the 2nd respondent- University on or before 12.11.2022 without fail.
Learned Standing Counsel appearing for the 2nd respondent-University had submitted that the certificates uploaded by the candidates would be forwarded to the 5 3rd and 4th respondents in the form of E-Mail by 8.11.2022.
Learned Standing Counsel appearing for respondents 3 and 4, on instructions, had submitted that if the certificates are received from the 2nd respondent- University, respondents 3 and 4 will verify the same and submit the NCC priority list in the written form to the 2nd respondent-University on or before 12.11.2022.
Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this writ petition can be disposed of directing the 2nd respondent university to upload the certificates submitted by the petitioners and other NCC candidates in the form of E-Mail to respondents 3 and 4 by 09.11.2022. On receipt of such certificates, respondents 3 and 4 shall verify the certificates and submit the same in 6 written form of NCC priority list to the 2nd respondent- University on or before 12.11.2022, so as to enable the University to process the applications under NCC quota.
Accordingly, the Writ Petition is disposed of. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
__________________________________ JUSTICE ABHINAND KUMAR SHAVILI ____________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO Date: 09.11.2022 rkk