(SHOW CAUSE NOTICE BEFORE ADMISSION}
IN THE HGH COURT OF ANDHRA PRADESH AT AMARAVAT!
(Special Original Jurisdiction)
MONDAY, THE SECOND BAY OF MAY'
TWO THOUSAND AND TWENTY TWO
-PRESENT:
THE HONQURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 43289 OF 2022
Between:
DrFaiern Teja Sree, D/o.P Sree Ramulu Naidu, Aged about 28 years, H.No. Flat
No.403, B-Biock, Sil Grean Jewel Apartments, Lane Adiacent to Reliance
CHgital, Tadepalli, Guntur District (near Viiayawada).
. _ Petitioner
AND
1. The State of Andhra Pradesh, Rap. by the Principal Secretary, Health, Meciical,
Family Welfare Department, Govtof Andhra Pradesh, Secretariat Bulidings,
Secretariat, Velagapudi, Guntur District.
2. Dr NTR University of Health STIENGSS, Miayawada, Andhra Pradesh 520 008,
Represented by its Registrar = .
3. Or Pinnamaneni Siddhartha Mediaal: CHE lege, Or Finnamanen! Siddhartha
insifute of Medical Sciences and Reséarch Foundation, Chinna Avulapalll, G
annavaram, VE jayawada, Ki shna(Dt) Andhra Pradesh 521286
4. Allurl Stararneraiu Academy of Medica! Sciences (ASRAM'S), West Godavari
Uystrict - 654605, Andhra Pradesh.
Ras pandents
WHEREAS the Felllioner sbeve named through his Advonate Sn
VENRATESWARA RAG GUDAPATI presented this Petition under Article 226 of the
Constitution of India praying that In the clrcumstanoes stated in the affidavit filed
therewith, the Nigh Court may Oe pleased to issue a Writ, Direction, Order or Crelers
more pariculary one in the nature of Writol Mandamus or any other appropriate writ or
order or direction declaring the action of the 2°" respondent in issuing the ister
No T2SQ/EA2/PG/2021 dated 30.04 2.022-0n 07.05.2028 denying her the seat in MO.,
Dernatology, Venereology and Lenrosy { (OVE) in the vacancy In the 3° respondent
colege is Hlegal arbidrary, conirary to law. 'Contrary te the final orders passed by this
Horble High Court in WLP Nol17de /2022 sated 25.045 2022, unjust, unconstitutional
and violative of Constitutional Right of Education and the Judgments of the Hon'hie
Supreme Court of incia and cee St aside the letfer, No T2aG/EASPGRGe 1
dated 30.04.2022 on 01.05.2022 and direct the 2" respondent io admit the petifioner in
MLD. Dermatology, Ve snereology and "Leprosy (DYL) in existing vacancy in
Management Quota S-2 (ND in the respandent No. 3 college.
AND WHEREAS the High Caurt pon perusing the petition and affidavit Hed
hersin and upen hearing the arqurnents of Sri VENKATESWARA RAO GUDAPATI
Advocate for the Pelilianer and GP for Medical and Health for Respondent no.t and
Vilgy Kumar SCO for Respondent No. 2directed issue of notice to the Respondents
herein to show cause as fo why {his WRO PPE? PON should not be adrnitted.
You Viz: a
1. The Frincipal Secretary, Health, Medi y
_ Andhra Pradesh, Seoratar! fat Build ing
Pradesh, Gurtur District. .
2. The Registrar Or NTR University. o of Health sciences, Viayawada, Andhra
Fraciesh S20 008, Represented,
3. Or Pinnamaneni Siddhartha Medical OQollege, Or Pinnamaneni Siddhartha
institute of Medical Sciences and Research Foundation, Chinna Avutapalll,
Gannayaram, Viayawada, Krishna(Di), Andhra Pradesh 821286
4. AllunS isramaraju Academy of Medical Sciences (ASRAM'S), West Godavan
Cstrict - 5384008, Andhra Pradesh,
i, Family Welfare Department, Govt. of
ecretariat, Velaganuci, State of Andhra
are be and hereby directed fp show osuse aiher appeanng } in person or through
an Advocate, as to why ne CHL stances set out i the peftien and the
affidavit fled therewith (copy enclosed) ihis WRIT PETITION should not be
admitied. oe
IA NO: 2 OF 2028
ge 3
Patifion under Section 157 CPO oralying that in the circumstances stated in ihe
affidavit fied in suppart of the petition, tf ah Court may be pls saaad to direct the 2nd
respondent to admit the petifone i "Dermatology, Venereaisay and Leprosy
fOVL) in existing vacancy in Manage Guofa 9-2 (NR in "the respondent No. 3
saliege, pend ing diaposal c of NP No. 13298 of 202e, an the Hie of the High Court
iA NO: 1 OF 2082 ,
Fattion under Section 1S1 CFC praying teal in the circumstances stated in the
affidavit fled in suppor af the petition, the High Court may be pleased fo direct the 4th
respondent fo transfer the fee paid to f snd releases traneier al certificates fo the 2nd
feeparmient ar io reo ore resi Eee acre toa iy the avent of admission in the S
raspandernt Mecical rage U m7 vere! reciogy and Leprosy (DVL). ,
pending disposal of W p 'No. Re of the Hi igh Court.
The Court made the following.
ORDER:
"Notice befare admission.
Assailing the letter dt.30.04:2022 in No.1236/EA2/PG/2021 of the Registrar, Or. NTR University of Health Sciences, A.P., Viiayawada, wherein the request of the petitioner came fo be rejected on the ground that there are Sil meritarius candidates j.e., better NEET rankers in between tHe Petitioner and Or. Dantham Gayathri, the praesent writ petition is Aled.
it is stated by the learned counsel far the petitioner that out of iS candidates, serial Noo or Moo! Chand Suthar did not join and aS such there is one vacancy and if the said vacancy is te be Hiled un, the petitioner is entitled for the said seat,
However, Sri Viey Kumar, learned standing counsel for University submits that the petitioner ig not entitied for the said seat, as one more meritorious student above rank of the petitioner by name Dr.Bhargay Krishna in the list.
Sri Venkateswara Ras Gudapati would submit that other candidates have already joined in ather colleges, and in so far as determatology, the petitioner is-only candidate available and that ashe is entiiied for the said seat. According to him, Or, Bhargava Krishna did not repart pursuant to the second counseling and as such he is not eligible for the seatat this stage.
it may not be necessary for us te go into all these issues. If the counseling is not yet complete or the determatology seat which fell vacant due to non joining of Br.Mool Chand Suthar is not yet allotted to Me? Up counseling, and if the petitioner is entitied for the
said seat in determatology after sliding fram gynecology (in view of the plea of the petitioner that Bhargava Krishna has not reported pursuant to counseling), the authorities may deal with the request of the petitioner In accordance with flaw, provided, there Is no other candidate, on merit, above the petitiener'
"Fe,
sf 3 Ca
es
Sdi-T. MADHAY ASSISTANT REG! STRAR
RUE ¢ cOPYi ~ For ASSISTANT REGISTRAR
. The Principal Secretary, Health, Mecioal, Family Welfare Depari iment, Govt,
of Andhra Pradesh, Secretariat Bufidings, Secretarial, Velagapudi, State of
&andhre Pradesh, Guntur District -
The Registrar Or. NTR University of Health Scienoss, Vijayawada, Andhra Pradash 520 608, Represented
Or. Pinnamaneni Siddhartha Medical C Calfiege, Or Pinnamaneni Sidd hartha iretitute of Meciical Sciences anc -Resaarch Fourrlation, Chinna Avutapall, Gannavaram, Vijayawada, Rishaa(DS, Andhra Pradesh 527288
Alfuri Staramaraju Academy of Medical Sciences (ASRAM'S), West Godavall CNstrict - 34005, Andhra Pradeshul te 4 by RPAD- along with a copy of petition and mamorandum o grounds)
One CC ip SRI VENKATESWARS RAO GUDAPATI Advocate [ORUC]
One CC to SRI Vilay Rurmar SG "Advacate [(OPUC)
Two COs to GP FOR MED REACTS AND FAMILY WELFARE High Court Of Andhra Pradesh. [QUT]
One spare copy
HIGH COURT
GPK NVA
DATED OAR 2082
NOTICE BEFORE ADMISSION
WP No. 12288 af 2022
