Andhra Pradesh High Court - Amravati
Palem Teja Sree vs The State Of Ap on 25 April, 2022
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
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.
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
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
