THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
Writ Petition No.11706 of 2022
ORDER:- (per the Hon'ble Sri Justice C. Praveen Kumar)
Heard Sri Venkateswara Rao Gudapati, learned counsel
for the petitioner and Sri Vijay Kumar, learned Standing
Counsel for the 2nd respondent/University and learned
Government Pleader for Medical Sciences for 1st respondent.
2. The petitioner herein appeared for PG NEET, 2021 and has secured her All India Rank as 64,571 and the AP State Rank as 4701. Thereafter, she applied for All India Deemed Universities as well as State wide Medical Colleges under NRI Management Quota (S-2). The 2nd respondent is said to have conducted counseling on 19.02.2022 to 21.02.2022. The petitioner gave first preference to M.D. Dermatology, but however, she could secure a seat in M.S. (Obstetrics & Gynecology) in the 6th respondent Institute. She reported to the said college by paying the requisite fee and submitted all the documents. She joined on 26.02.2022 with a hope of getting a seat in M.D. Dermatology, Venereology and Leprosy (DVL) in the subsequent counseling.
3. It is now stated that in the Phase-I counseling, four meritorious candidates secured Dermatology, Venereology 2 and Leprosy (DVL) in 3 to 5 respondent colleges and Gayatri Vidya Parishad, Vizag. They have secured the seats in other States and Deemed Universities whereby four vacancies have arose, as such, notification for the Phase-II counseling came to be issued starting from 16.04.2022 to 18.04.2022. The petitioner is said to have applied in Phase-II having regard to the vacancies which arose.
4. It is said that on 21.04.2022 evening All India Quota and All India Deemed Universities MopUP round results and the Phase-II Management Quota of 2nd respondent University have been announced. It was found that two candidates i.e., Mool Chand Suthar and Dantham Gayathri have secured seats in NRI Quota in All India Deemed Universities and in 2nd respondent University colleges of the 3rd and 4th respondents respectively.
5. Now, the grievance of the petitioner is that, when these students joined in All India Deemed Universities, there will be two seats to be filled up in Phase-II counseling. According to him, having regard to the rank she secured, there is every likelihood of she getting a seat in the vacancies, which arose due to two students leaving 3rd and 4th respondent colleges. Since the authorities are proceeding further without notifying the vacancies, the present Writ Petition came to be filed. 3
6. Sri B. Vijaya Kumar, learned Standing Counsel for the 2nd respondent, on instructions states that in view of the judgment of Hon'ble apex Court in W.P. (Civil) No.174 of 2022, wherein, it was ordered that students who have joined in round 2 of the State quota or round 2 of the All India Quota, shall not be eligible to participate in the Mop-up round for All India Quota. But, the situation herein is something different. Here, the second round of counseling is not yet over. Hence, we feel that if the petitioner is otherwise entitled to in the two vacancies which arose, due to two students opting seats in All India Quota, and if the petitioner fulfills all the requirements, the second respondent may deal her application in accordance with law.
7. Having regard to the above, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR _____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 25.04.2022 Note: Issue CC today.
B/o.MS 4 THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Writ Petition No.11706 of 2022 (per the Hon'ble Sri Justice C. Praveen Kumar) Date: 25.04.2022 MS