Boini Shivani vs State of Telangana and another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWELFTH DAY OF MAY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR AND THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR Boini Shivani, R/o.

H.No.6-3, Dist 501 505 AND S/o Boini lr/ahesh, Aged about 19 years, Saddupally, Tharamathi Pet, Hayathnagar, Occ: Student, Ranga Reddy ...PETITIONER '1 .

State of Telangana, Rep by its Principal Secretary, Department of Health and Medical and Family Welfare, Secretariat, Hyderabad.

2.

KNR University Health Sciences Warangal, Rep by its Registrar ...RESPONDENTS 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 any appropriate writ, order or direction, one more particularly in the nature of writ of Mandamus, declaring the action of the Respondents, particularly Respondent No.2, in not considering the petitioner for counseling and admission into BDS Course under Management (B) Category and NRI (C) Category for the academic year 2021-22 as illegal, arbitrary, u nco n stitutiona I and consequently direct the Respondents to consider and include the petitioner name for the next round of counseling/stray vacancies for admission into the BDS Course Management (B) Category and NRI (C) Category for the academic year 2021-22 in next round of co unse ling/stray vacancies.

WRIT PETITION NO: 23569 OF 2022 Betwee n: / 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 issue interim directions directing the 2nd Respondent to consider the petitioner and allow to participate in the counseling under Management (B) Category and NRI (C) Category for admission into the BDS Course for the academic year 2021-22 in next round of counseling/stray vacancies pending disposal of the above writ petition. petition.

Counsel for the Petitioner : SRl.

SRINIVASA RAO PACHWA Counsel for the Respondent No.1 : GP FOR MEDICAL HEALTH FAMILY WELFARE Counsel for the Respondent No.2 : SRI A PRABHAKAR RAO, SC FOR KNR UNIVERSIry HEALTH SCIENCES The Court made the following : ORDER I lA NO: 1 OF 2022 THE HON'BLE SRI JUSTICE T.

VINOD KUMAR AND THE HON,BLE SRI JUSTICE N'V.SHRAVAN I{UMAR Writ Petitio nNo.23569 of 2022 ORDER:(per Hon'ble Sn Justice T Vinod Kumar) Assailingtheactionof2ndrespondent_KalojiNarayana Rao University of I'{ealth Sciences' Warangal represented by its Registrar, in not considering the case of the counseling and admission into MBBS / BDS Management Quota - B and C categories for the 2O2l-22 in the next round of counseling/ stray present writ Petition is filed' petitioner for course under academic Year vacancies, the 2.SriA.PrabhakarRao,IearnedStandingCounselforthe 2.drespondent_UniversitySubmitsthatnotificationhas already been issued for admission into Management Quota' and since the petit.ior-rer has not registered' his/her case cannot be 3. l,earned counscl for thc pctilioner submits that petitioncr's case can be consrrlercd ir-r couuseling lor filling up of stra.vr,acanciesundcrManagementQuota-BandCCategoljeS.

4.

The learned Standing Counsel for the 2"d respondent - University could not dispute the above submission of the learned counsel for the petitioner I I considcred.

5.

Having regard to the lacts and circumstances of the case and the submissions ol the learned counsel, witl-rout expressing any opinion on merits, writ petition is disposed of granting lilerty to the petitioner to approach the 2nd respondent ancl submit her/his application along with original certifications by paying requisite registration and service provider charges by 15.05.2022.

On receipt of such application, the 2,a respondent sha11 consider the case of the petitioner under Management Quota - B and C / NRI for admission into MBBS / BDS course for the academic year 2021-22 in the counse the counseling lor filling up of stray vacancies. costs The writ petition is disposecl of accordingiy.

No order as to Consequentl,v, miscellaneous applications pending, if any, shall stand closed 2 6.

Sd/- K.AMMAJI , //TRUE COPY' ASS|STANT REGISTRAR I (ut I To, sEcTtoN oFFICER 1.

The principar secretary, Department of Hearth and Medicar and Famirv Welfare, Secretariat, State ortetangrnr,-iivjuruord-- -- ",'" , - , ,,y 2. rhe Registrar , KNf..tl.1,ye_rsity H;;iih i;i";Jes waransar.

3.

One CC to SRt.

SR|N|VASA neO pnCiWn,"Advocrte. tOpUCl 4' ONC CC tO SRIA PRABHAKAR RAO, 'C'idR KNR UNIVERSITY HEALTH _ SCtENCES, Advocate.[OpUC] 5.

Two CCs to Gp FOR IVEDTCAL HEALTH FAMtLy WELFARE, High Court for ^ I" Stgt: o_f Tetangana at Hyderabad.lOUfi 6.

Two CD Copies 7.

One Spare Coov SB -a r\ffit t-/\ HIGH COURT DATED:1 210512022 ORDER 17 ft|.Y ,7 oB 1|iE S14 (t oo ( * r' >.

C.r ,I WP.No.23569 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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