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 issued. According to the petitioner, she applied in Phase-II. It is further stated that on 21.04.2022 evening, All India Quota and All India Deemed Universities Mop Up round results and Phase-II Management Quota of respondent No.2-University were announced. It is also stated that the two candidates, viz., Mool Chand Suthar and Dantham Gayathri, have secured the seats in NRI Quota in All India Deemed Universities as well as in 2nd respondent-University and College of 3rd respondent. In the above background, earlier, the petitioner herein filed W.P.No.11706 of 2022, seeking the following relief:-

"To issue a writ, direction, order or orders more particularly one in the nature of writ of Mandamus, directing the Respondent No.2 to fill up the unfilled seats of M.D. Dermatology, Venereology and Leprosy (DVL) in the medical colleges of respondent Nos.3 to 5 in Management quota (S-2) with the petitioner in the event of non-reporting/non-joining by the respective allotted candidates in the respective Medical Colleges of respondent Nos.3 to 5 in the same order of preference without devoiding of merit otherwise illegal, arbitrary, contrary to law, unjust, unconstitutional and violative of constitutional right of education and the judgments of the Hon’ble Supreme Court of India."

4. This Court, by way of order dated 25.04.2022, disposed of the said Writ Petition No.11706 of 2022 and the operative portion of the said order at paragraph Nos.5 to 7 reads as follows:

"5. Now, the grievance of the petitioner is that, when these students joined in All India Deemed Universities, there will be two seats to be filled up in Phase-II counselling. According to him, having regard to the rank she secured, there is every likelihood of she getting a seat in the vacancies, which arose due to two students leaving 3rd and 4th respondent colleges. Since the authorities are proceeding further without notifying the vacancies, the present Writ Petition to be filled.

6. Sri B. Vijaya Kumar, learned Standing Counsel for the 2nd respondent, on instructions states that in view of the judgment of Hon’ble Apex Court in W.P. (Civil) No.174 of 2022, wherein, it was ordered that students who have joined in round 2 of the State quota or round 2 of the All India Quota, shall not be eligible to participate in the Mop-up round for All India Quota. But, the situation herein is something different. Here, the second round of counselling is not yet over. Hence, we feel that if the petitioner is otherwise entitled to in the two vacancies which arose, due to two students opting seats in All India Quota and if the petitioner fulfils all the requirements, the second respondent may deal her application in accordance with law.

7. Having regard to the above, the Writ Petition is disposed of. There shall be no or