Andhra Pradesh High Court - Amravati
Dr. Jnanesh Chowdery Jyesta vs The State Of Andhra Pradesh on 3 October, 2024
Author: R. Raghunandan Rao
Bench: R Raghunandan Rao
1
APHC010435162024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
THURSDAY ,THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 22147/2024
Between:
Dr. Jnanesh Chowdery Jyesta ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. GHANTA SRIDHAR
Counsel for the Respondent(S):
1. GP FOR MEDICAL HEALTH FW
The Court made the following Judgment:
The petitioner, who is in Government Service, had appeared for the
NEET-PG Medical examination for admission into PG Medical course, as an
in-service candidate. G.O.Ms.No.206 dated 11.08.2022, prescribed that any
person seeking admission as an in-service candidate, requires to have a
minimum service of two years in Tribal areas or three years in Rural areas or
six years in regular service.
2. The convener responsible for conducting counseling for
admission to P.G Medical seats, issues prospectus for every year. The cutoff
date by which the in-service candidates who complete their service, is set out
in the said prospectus. In the year 2022-23, 2023-24 and 2024-25 the dates of
notification, examination, prospectus and cutoff dates are as follows:
Year Notification Exam Prospectus Cutoff date
2022-23 15.01.2022 12.03.2022 12.08.2022 31.05.2022
2023-24 07.01.2023 05.03.2023 21.07.2023 30.06.2023
2024-25 16.04.2024 23.06.2024 27.09.2024 16.04.2024
3. In the present case, the petitioner completed his qualifying
service on 26.04.2024. He appeared for the examination on 11.08.2024
whereas the cutoff dates were fixed as 16.04.2024 in the prospectus issued
on 27.09.2024.
4. The petitioner aggrieved by the fixation of the said cutoff date has
approached this Court, by way of the present writ petition.
5. Sri Ghanta Rama Rao, the learned Senior Counsel for the
petitioner would contend that, the fixation of the cutoff date, as 16.04.2024, is
arbitrary in as much as the cutoff date for the earlier years of admission had
always been after the examination had been conducted. He submits that the
petitioner was also under the impression that the cutoff date would only be
after the date of examination and he would be eligible as an in-service
candidate as his period of service was completed before the examination was
held.
6. The learned Senior Counsel would contend that in such a
situation, it would only be appropriate that the petitioner is permitted to
participate in the counseling process as an in-service candidate, without
insisting upon the cutoff date being taken as 16.04.2024.
7. Ms. Pranathi, the learned Standing Counsel appearing for the
University/Convener would contend that any date fixed for this purpose would
be an arbitrary date in as much as any cutoff date can be challenged on one
ground or the other. She would further submit that on account of such
complaints in the earlier years, a decision was taken that for this year, the
date of notification would be taken as the cutoff date by which the in-service
candidates should complete their qualifying service. She would submit that in
such circumstances, the said date cannot be treated as an arbitrary date.
8. A perusal of the dates set out above would show that the
convener has always been fixing the cutoff date for in-service candidates after
conduct of the examination. For this year, the date has been taken as the date
of notification which is prior to the date of examination.
9. Prima facie, subject to such counter affidavits that may be filed,
this Court is of the opinion that a case is made out in favour of the petitioner.
10. Accordingly, the petitioner shall be permitted to participate in the
counseling, for in-service candidates, for P.G Medical course without taking
into account the cutoff date of 16.04.2024, subject to all other requirements
being complied and met. This order shall not be taken as a precedent and any
subsequent writ petitions would be taken up on their merits.
11. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________
R. RAGHUNANDAN RAO, J
______________
HARINATH.N,J
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
&
HON'BLE SRIJUSTICE HARINATH.N
WRIT PETITION NO: 22147/2024
Dt:03.10.2024
Issue C.C today.
B/o
RJS
