ORDER :

M.Ganga Rao, J.

The petitioner filed this writ petition to issue writ of 2nd mandamus declaring the action of the respondent in not allowing him to exercise web options for PG Medical Phase-I counselling of Management quota seats for the academic year 2022-23 in respect of MD (Radio-Diagnosis) seat under the category-C (Institutional Preference-S3) in 3rd respondent college, pursuant to the notification dated 30.9.2022 issued by the 2nd respondent and in publishing the revised list of eligible candidates for admission as on 01.10.2022 under the said quota contrary to the merit position and eligibility criteria of the candidates and seeking to proceed with finalization of the said counselling without giving opportunity to the petitioner as illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of India and contrary to the rules in vogue.

2. The brief facts of the case are that the 2nd respondent University has issued Notification on 16.8.2022 inviting online applications for verification from the qualified candidates in NEET PG-2022 for admission to management quota seats (Institutional preference-S3) into Post Graduate Medical & Dental Degree/Diploma courses for the academic year 2022-23 in private medical colleges. The petitioner and the impleaded 4th respondent being eligible and qualified having completed MBBS course and obtained NEET PG-2022 ranks have submitted their online applications along with the scanned copies of their documents for admission into MD (Radio-Diagnosis) in the 3rd respondent College – NRI Medical College & General Hospital, Chinakakani, Managalagiri Mandal, Guntur District, Andhra Pradesh. The petitioner and the 4th respondent had applied under Category-C (Institutional Preference-S3) quota as per the regulations of the 2nd respondent University following the eligibility criteria as under:

(i) candidates who have completed MBBS/BDS in a particular institution;

(ii) Son or daughter of the employee working in the particular institution;

(iii) employee of the particular institution; and

(iv) employee should have a minimum of six months experience in that particular institution and presently working in the same institution.

The 3rd respondent has to issue sponsorship certificate for the student who satisfy the eligibility criteria as per the prospectus issued by the 2nd respondent University for the 2022-23 admissions. As per the notification, applications should be made through online and offline.

The 4th respondent submitted application on 09.6.2022. The 3rd respondent accepted his application and directed to pay fees to the tune of Rs.50 lakhs to the college account The 4th respondent paid the fees and the College has given the sponsorship certificate bearing Letter No.914/Acad/PG Adm/S3 Sponsorship/2022 dated 23.8.2022 for the course of MD (Radio-Diagnosis).

The 3rd respondent also issued sponsorship certificate vide Letter No.924/Acad/PG Adm/S3 Sponsorship/2022 dated 29.8.2022 recommending the petitioner’s candidature for admission to PG course in MD (Radio-Diagnosis) under Category-C (Institutional Preference-S3) as he is working as Junior Resident from 01.2.2022 to till date in the 3rd respondent college.

The 3rd respondent had issued sponsorship certificates to the 4th respondent, Dr. Pothineni Dileep for MD (Radio-Diagnosis) under Category-C (Institutional Preference-S3) as he is the student of the institution and to the petitioner, Dr. Thavan Mummaneni for MD (Radio-Diagnosis) under S3 category treating him as employee of the institution, by letter dated 7.9.2022.

The 3rd respondent addressed letter to the 2nd respondent University stating that the 4th respondent, Dr Pothineni Dileep was issued sponsorship letter dated 23.8.2022 for MD (Radio-Diagnosis) under management category-C (Institutional preference-S3 quota) seat and the petitioner, Dr.Thavan Mummanei was also issued with sponsorship on 29.8.2022 for M.D (Radio-Diagnosis) and the 3rd respondent asked the 2nd resp