Tahseen Zehra vs The State of Telangana and another

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) MONDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON'BLE SRI JUSTICE M.LAXMAN WRIT PETITION NO: 14437 OF 2022 Between: Tahseen Zehra, D /o.

Sultan Rashid, Age NO.

503, Sth Floor, Pasham Srilaxmi Hyderabad, Telangana-50O 01 0.

18 years, Occ.

Student, Rio, Flat Residency, Risala Bazar, Alwal, AND I ..,PETITIONER The State of Telangana, represented by its Principal Secretary Medical and - HeanfrFamity Welfire Department, Seiretariat Buildings, Hyderabad-500 055 Kaloli Nararayana Rao University of Health Sciences, represented by its Registrar, Warangal. ,..RESPONDENTS 2 Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents particularly the 2nd respondent in not considering the petitioner for counseling and admission into MBBS/BDS course under A Category (cAa) with Muslim lvlinority status for the academic year 2021-22 as illegal, arbitrary, unconstitutiona I and consequently direct the respondents to consider and include the name of the petitioner for admission into [\/BBS/BDS course under A Category (cAa) with Muslim lr'4inority Status for the academic year 2021-22 IA NO: 1 OF 2022 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to consider the petitioner request A Category (CAa) with Muslim Minority Statu , for admission into MBBS/BDS course for the academic year 2021.22 in the ne (t phase of counselling, pending disposal of writ petition Counsel for the Petiti rner:SRl. rner:SRl.

V RAMESH REDDY counset for the Resp rndent No 1: GP FOR MEDICAL HEALTH AND FAMILY WELFARE CounselfortheResF)ndentNo2:SRIAPRABHAKARRAO,SCFORKNRU The Court made the t cllowing: ORDER HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE SRI JUSTICE M.LAXMAN ORDER: (per Justice A.Rajasheker Reddy) This writ petition is filed for the following relief; "to issue an appropriate u,rit, order or direction, more particularly in the nature of lvrit of Mandamus, declaring the action of the 2nd respondent in not considering the petitioner for counseling for admission into MBBS/BDS course under 'A'Category (CAQ) with Muslim Minority Status for the academic year 2O2l-22, as illegal and arbitrary and consequently to direct respondents to consider and include the name ol the petitioner for admission into MBBS/ BDS course under A' category (CAQ) with Muslim Minority Status for the academic vear 2021-22." Heard learnecl couinsel for petrtioner \\'ho submits that the lls in thc rvrrl petition is sqr:arelv covered by order dat.ed 15.02.2022 passed by ti'tis Coun in WP.No.84 10 of 2022.

The same is not dispured by learr-red Assistant Goverttmcni Plcader lor N{eclical and Hcalth appcaring lor lsr respondent and Sri A.Prabhakar Rao, learned Standing counsei for 2"d respondent- University.

Having regard to the lacts and circumstances of the case and lhe orders passed by this court in the writ petition referred to above, and lor the reasons alike, the present writ petition is disposed ol as under: "Petitioner is directed to approach respondent No.2 and submit her application along $'ith necessary original certificates by WRIT PETITION No.

14437 of 2022 paylng torvards Rs.6,30 )/- (Rupees SIX thousand three hr.ind recl only) applications, if any thousand five eundred only) '*,ithin three dal s from today. and Rs. y. and Rs.7,500/ - (rupees scrren towards service provider charges On receil t of such application, the 2,d responclent shall consider the p:titioner under A, Category (CAe) with Muslim Minority Status for the academic year 2027-2022 for admission into MBBS/BDS col rse, in the upcoming counseling, in accordance with law and take ne tessary action thereon.

No order as to costs.,, reglst ation charges As a se 1uel thereto, miscellaneous pending, sha11 s -and closed.

SDr -1.

NAGALAKSHMI ASSISTANT R GISTRAR ,TRUE COPY// SECTION OFFICER To, 1.

The Principal S )cretary, Medical and Health Family Welfare Department, State of Telang lna, Secretariat Buildings, Hyderabad-S00 055 2.

The Registrar, (aloji Nararayana Rao University of Health Sciences, Waranga I.

3.

One CC to SR .

V RATUESH REDDY Advocate [OPUC] 4.

Two CCs to G ) FOR MEDICAL HEALTH AND FAMILY WELFARE ,High Court for the S.ate of Telangana. [OUT] 5.

One CC to Sri.

A Prabhakar Rao, SC for KNRU (OPUC) 6.

Two CD Copie ; 7.

One Spare Co ,y rsn" HIGH COURT ORDER WP.No.14437 of 202't DISPOSING OF THE \ /RIT PETITION WITHOUT COSTS r t B.-. --,2- DATED:2110312022 b;1.

21 MAR 2U2 ,.4