Dr. G.Aravind Kumar vs Union Of India
2023 Latest Caselaw 2319 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                   AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

               WRIT PETITION No.21209 OF 2023

ORDER: (Per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. P.Thirumal Rao, learned counsel for the petitioners.

       Ms. Gorantla Sri Ranga Pujitha, learned counsel for National

Medical Commission, appears for respondent No.3.

Mr.A. Prabhakar Rao, learned Standing Counsel for Kaloji

Narayana Rao University of Health Sciences, appears for

respondent No.5.

2. With the consent of the parties, the writ petition is heard

finally.

3. The petitioners have completed their MBBS course by

opting to study in foreign countries like Russia, Ukraine, China etc.

The petitioners, on completion of course from the said countries,

were appointed on contract basis as Civil Assistant Surgeons from

2012 to 2018. Thereafter, the services of petitioners were

regularized as Civil Assistant Surgeons on 29.07.2018.

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4. The petitioners appeared in NEET PG examination for the

year 2023-2024. Twenty per cent of the seats in clinical subjects

are reserved for in-service candidates, whereas 30% of the seats in

non-clinical subjects are reserved for in-service candidates.

5. In this writ petition, the petitioners prayed for the following

relief:

"It is therefore prayed that the Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus

a) Declaring the action of the 2nd Respondent State in amending the existing clause (i) of Rule VIII of the Telangana Medical Colleges (Admissions into Postgraduate Medical Courses) Rules, 2021, issued vide G.O.Ms.No.73, DT 03.07.2023 to the extent of altering the reservation eligibility criteria stipulated for the un-reserved 15% competent authority quota seats to non-local candidates only against the total seats available in colleges established prior to 2nd June, 2014, and thus excluding and depriving the petitioners of an equal opportunity of availing a seat in Medical Courses for the academic year 2023-2024 in all the Colleges in the State of Telangana as illegal, arbitrary discriminatory and violative of Articles 14 of the Constitution of India and in utter contravention of Section 95 of the Andhra Pradesh Reorganization Act, 2014 and the Andhra Pradesh Educational Institutions Regulation of Admissions Order 1974 ::3::

issued vide G.O.P.No.646 Education (W) Department dated 10.07.1979; and

b) Declaring the action of the 2nd Respondent State in inserting and adding a new clause namely (iii) after existing clause (ii) of Rule VIII of the Telangana Medical Colleges (Admissions into Postgraduate Medical Courses) Rules, 2021, through the impugned G.O.Ms.No.73, Dt:03.07.2023 thus providing reservation to the extent of 100% of seats under Competent Authority Quota for local nd candidates in colleges established after 2 June, 2014, and thus excluding and depriving the petitioners of an equal opportunity of availing a seat in Postgraduate Medical Courses for the academic year 2023-2024 in all Colleges prevailing in the State of Telangana as illegal arbitrary discriminatory and violative of Articles 14 of the Constitution of India and in utter contravention of Section 95 of the Andhra Pradesh Reorganization Act, 2014 and the Andhra Pradesh Educational Institutions Regulation of Admissions Order, 1974 issued vide G.O.P.No.646 Education (W) Department Dated 10.07.1979; and

c) Consequently declare the NEET PG prospectus & notification DT: 08.07.2023 issued by the th 5 respondent University in consequence to the impugned G.O.Ms.No.73, as illegal, without jurisdiction and in gross disobedience of the judgments passed by the Hon'ble High Court'; and consequently quash/set aside G.O.Ms.No.73 DOT: 03.07.2023 issued by the 2nd respondent and also the prospectus & notification DOT: 08.07.2023 issued by the 5th respondent; and ::4::

d) Consequently direct the 2nd and 5th respondents to implement the reservation eligibility criteria in the State of Telangana in the matter of admission into NEET PG in respect of Postgraduate Medical Courses for the academic year 2023-24 by allowing the petitioners to participate in the counselling process by choosing options for their desired branch as per the Andhra Pradesh Educational Institutions Regulation of Admissions Order, 1974 issued vide G.O.P.No.646 Education (W) Department Dated: 10.07.1979 and G.O.Ms.No.155 DOT: 18.11.2021 and all other allied State Government instructions framed in consonance with Article 371-D of the Constitution of India and also in terms of Section 95 of the Andhra Pradesh Reorganization Act, 2014 and also in terms of the judgments passed by the Hon'ble High Court'; and

e) further be pleased to pass any such other further order or orders as deemed fit and proper in the circumstances of the case.

6. When the matter was called today, Mr. P.Thirumal Rao,

learned counsel for the petitioners, fairly submitted that the

controversy involved in the instant writ petition is squarely covered

by a common order dated 11.09.2023 passed in W.P.No. 18047 of

2023 and other connected matters.

7. It is pertinent to note that Mr. P.Thirumal Rao himself was

the counsel for petitioners in the aforesaid bunch of writ petitions.

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Therefore, for the reasons assigned by us in the common order

dated 11.09.2023 passed in W.P.No. 18047 of 2023 and other

connected matters, this writ petition fails and is hereby dismissed.

As a sequel, miscellaneous petitions, pending if any, stand

closed. No order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J

Date: 13.09.2023 Lrkm