Point of law: Occasion to consider the nature of relief that can be granted to a student after the last date of admissions in case it was found that the said candidate was denied admission illegally.

JUDGMENT :

ARUP KUMAR GOSWAMI, J.

1. Heard Mr. D.V. Nagarjuna Babu, learned counsel, representing Mr. Seepani S. Kumar, learned counsel for the petitioner. Also heard Mr. J. Ugranarasimha, learned counsel appearing for respondent No. 1, Mr. Appadhara Reddy, learned Government Pleader for Health, Medical and Family Welfare appearing for respondent No. 2, and Mr. Vivek Chandra Sekhar S. learned standing counsel for respondent No. 3.

2. Aggrieved by denial of admission into MBBS Course under Economically Weaker Section (for short ‘EWS’) quota in the seats meant for the candidates belonging to Osmania University local area for the academic year 2019-2020, the petitioner had filed this writ petition essentially praying for a direction to the respondents to admit her into MBBS Course in Siddhartha Medical College, Vijayawada, in the seats meant for the candidates belonging to Osmania University local area under EWS quota for the academic year 2019-2020. Subsequently, by way of amendment, the prayer for direction for admission in the same College under the aforesaid quota is reiterated for the academic year 2021-2022.

3. The case of the petitioner is that she had appeared in the National Eligibility-cum-Entrance Test (UG)-2019 for admission into MBBS/BDS course conducted by National Board of Examinations in the month of May, 2019, and by obtaining 479 marks, she had secured All India Rank of 62355 and Category Rank of 33340. As she belongs to Economically Weaker Section, she had made an application to respondent No. 1-Dr. NTR University of Health Sciences, Vijayawada, for admission into MBBS Course under EWS category/reservation for the academic year 2019-2020 in the seats allotted for Competent Authority quota in the State of Andhra Pradesh. On verification of requisite documents, including Income and Asset Certificate for Economically Weaker Sections (for short ‘EWS Certificate’) dated 31.05.2019 issued by the Tahsildar, Ameerpet Mandal, Hyderabad, the respondent No. 1-University had uploaded the list of eligible candidates for admission under EWS category, wherein the name of the petitioner figured at S. No. 852 and she stood at 4th place amongst candidates belonging to Osmania University local region. She had participated in the web-based counselling and had exercised her option for MBBS seat in Siddhartha Government Medical College, Vijayawada. Despite her name figuring in the merit list, subsequently, the respondents did not allot her a seat in the said College, though candidates, such as, the candidates who secured ranks of 91513, 102833 and 188148, whose positions were lower than that of her came to be given admission.

4. The case projected by the petitioner is that only because of the fact that the EWS Certificate produced by her was issued by a Tahsildar not belonging to the Government of Andhra Pradesh, her case was not considered. It is pleaded that the petitioner, being resident of Sanath Nagar, Hyderabad, State of Telangana, Tahsildar of Ameerpet Mandal, Hyderabad, is the competent authority to issue such Certificate and there is no justification for the respondents to insist upon production of a Certificate issued by the Tahsildar of the Government of Andhra Pradesh.

5. Mr. D.V. Nagarjuna Babu, learned counsel appearing for the petitioner, submits that there is no dispute that if the petitioner had submitted an EWS Certificate issued by a Tahsildar of the Government of Andhra Pradesh, she would have been admitted into MBBS Course under EWS quota in Siddhartha Medical College and, therefore, the entitlement of the petitioner for admission under EWS quota into the said College is not an issue to be considered by this Court. It is submitted by him that only because of the fact that the Registrar of respondent No. 1-University had issued a Notification dated 30.07.2019 requiring the candidates, whose names find place in the final merit list, to produce EWS Certificate issued by the Tahsildar concerned of the Government of Andhra