Citation : 2024 Latest Caselaw 4222 Tel
Judgement Date : 28 October, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
Writ Petition No.22534 of 2023
ORDER:
(Per the Hon'ble the Chief Justice Alok Aradhe)
None for the petitioner.
Mr. T.Ramesh, learned Assistant Government
Pleader for Health, Medical and Family Welfare
Department appears for respondent No.1.
Mr. A.Prabhakar Rao, learned Standing Counsel for
Kaloji Narayana Rao University of Health Sciences
appears for respondent No.2 (for short 'the University').
2. In this writ petition, the petitioner has prayed for the
following relief:
"It is therefore prayed that this Court may be pleased to issue an appropriate writ, order or directions, more particularly one in the nature of writ of mandamus setting aside the Para (2)(b)(i) of prospectus/notification dated 08.08.2023 issued by the 2nd Respondent (Kaloji Narayana Rao University ::2::
of Health Sciences) for the admission into Post Graduate Medical Degree and Diploma courses under management quota seats allocating 100% seats to candidates from all over India are eligible for management quota Sub-Category-1, which is against the object and intent of powers conferred by clauses (1) and (2)(b)(iii) and (c)(ii) of Article 371-D of Constitution of India, the President made, with respect to the then state of Andhra Pradesh, the Andhra Pradesh Educational Institutions (Regulation of admissions) order, 1974 and is highly illegal, arbitrary and violation to the Sections 95 and 97 of A.P. Reorganization Act, 2014, apart from violation of Judgment of the Hon'ble Supreme Court of India reported in 2016(1) ALD 150 SC, AIR 1984 SC 1420 and AIR 1979 SC 193 (constitution bench) and also Article 21 of the Constitution of India, 1950, and fundamental rights of the petitioner and consequently quash/set aside the Para 2(b)(i) of the prospectus/notification Dated 08.08.2023 issued by the 2nd Respondent, ::3::
therefore, direct the 1st and 2nd respondents to implement the reservation eligibility criteria in the State of Telangana in the matter of admission into NEET PG courses under management quota sub-category-1 for the academic year 2023-24 by reserving 85 % of management quota sub-category-1 seats to the local candidates and 15% to non-local candidates against the total seats available under Management Quota Sub-Category-1 in the colleges of Telangana State and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case."
3. The petitioner is seeking relief of admission to Post
Graduate Medical Degree and Diploma course for the
academic year 2023-24.
4. The academic year 2023-24 is over. No interim
relief was granted to the petitioner. Therefore, at this
point of time, it is not possible to grant any relief to the
petitioner.
::4::
5. The Writ Petition is dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any,
stand closed.
__________________ ALOK ARADHE, CJ
___________________ J.SREENIVAS RAO, J Date: 28.10.2024 LUR
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