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A. V. SESHA SAI, G. RAMAKRISHNA PRASAD
Palem Teja Sree – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
A.V.Sesha Sai, J.
Challenging the action of respondent No.2-Dr. N.T.R.University of Health Sciences, Vijayawada, in denying the seat to the petitioner in M.D.Dermatology, Venereology and Leprosy (DVL) in the vacancy in respondent No.3-College, vide letter No.1236/EA2/PG/2021 dated 30.04.2022, the present Writ Petition has been instituted.
2. The petitioner herein appeared for PG-NEET Examination, 2021, and secured All India rank of 64571 and State rank of 4701. She got a seat in M.S. (Obstetrics and Gynecology) in Sri ASRAMS College, Eluru, and respondent No.2-University issued a provisional allotment order dated 24.02.2022. ASRAM College issued a provisional admission order dated 26.02.2022.
3. It is the further case of the petitioner that in the aforesaid Phase-I Counselling under Management Quota (S2), four meritorious candidates secured seats in Dermatology, Venereology and Leprosy (DVL) stream in respondent Nos.3 to 5-Colleges and Gayatri Vidya Parishad, Visakhapatnam. Since the said individuals secured the seats in other States and Deemed Universities, the said seats remained vacant, as such, notification for Phase-II Counselling from 16.04.2022 to 18.04.2022 came to be i
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
No legal right vested in the petitioner for allocation of vacant seat, as admission processes are bound by established counseling protocols, reflecting the principle of no fault leading to no prejudi....
A candidate’s vested right to admission once granted cannot be arbitrarily revoked without due process; the State must establish a transparent selection method.
Higher merit cannot override established horizontal reservation rules; allotment must strictly adhere to statutory frameworks.
Technical glitches in online portals cannot justify leaving seats vacant, and courts can direct special measures to fill such vacancies.
Merit-based admission processes cannot be bypassed for individual applicants, protecting the rights of all candidates involved.
The main legal point established in the judgment is the application of the Hon’ble Supreme Court judgments to determine the correct categorization of candidates in UG Counselling for MBBS / BDS seats....
Candidates selected under the SC category, if eligible for the UR category, should be considered only under the UR category.
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