ORDER :

Abhinand Kumar Shavili, J.

Both the Writ Petitions are disposed of by this Common Order since the issue involved in both these Writ Petitions is one and the same.

2. Heard Sri Dharmesh D.K. Jaiswal, learned counsel for the petitioner, learned Special Government Pleader for Medical and Health, appearing for the respondent No.1, Sri D. Srinivas Prasad, learned counsel for respondent No.3, Sri Ramesh, learned counsel for the 6th respondent and Smt. Gorantla Poojitha, learned Standing counsel for the National Medical Commission, appearing for the respondent No.8.

3. For the sake of convenience, the facts in W.P. No.23420 of 2022 are here under discussed.

4. It has been contended by the petitioner that she has completed her M.B.B.S course and she has appeared for the National Eligibility and Entrance Test (NEET)-PG and secured decent rank i.e., 25948 in the said entrance examination. The petitioner has further submitted that she is interested in pursuing M.D. DVL course and accordingly participated in second phase of counselling and got admission in M.D. DVL course under Management Quota where the fee prescribed is Rs.69 lakhs per annum and the petitioner had an opportunity to participate in the Additional Mop Up counseling which was notified on 26.04.2022. In pursuance of the Additional Mop Up counseling notification, the petitioner has participated in the Additional Mop Up counselling. However, in the said Additional Mop Up counselling, the 5th respondent has blocked the seat. Whereas the 5th respondent was already pursuing her M.S. Opthamology in Mamatha Medical College and 5th respondent was allotted the said seat in Convener Quota.

5. The learned counsel for the petitioner has contended that persons who have been allotted under Convener Quota, are not allowed to participate in the Additional Mop Up counseling and as per the notification dt:26.04.2022, it is clear that the candidates who were allotted in the previous phase of counseling under the competent authority Quota, are not permitted to participate in the Additional Mop Up counseling. In spite of the said notification, the th respondent was allowed to participate in the Additional Mop Up counseling by blocking the seat in M.D. DVL course in Medicity Medical College and consequently, the petitioner could not get admission into M.D. DVL course and the petitioner has no other option except to take admission in MNR Medical College.

6. Learned counsel for the petitioner has further contended that after Additional Mop Up counseling which was held on 27.04.2022, the University has notified the vacancy of M.D. DVL seat in Medicity Medical College in the form of Stray Vacancy Counseling on 30.04.2022 and same would establish that the 5th respondent has deliberately blocked the seat in the Additional Mop Up counseling and the 5th respondent has not even joined the said course and she was pursuing her M.S. Opthamology in Mamatha Medical College. Because of the illegal action of the respondent University in permitting the 5th respondent in Additional Mop Up Counselling, in spite of the fact that the 5th respondent was granted admission under the competent authority quota, the petitioner could not secure admission in M.D. DVL course in Medicity College.

7. Learned Counsel for the petitioner has further contended that the Academic year has commenced from February 2022 and the petitioner was pursuing her M.D. DVL course in Medicity College and she has been attending classes from February 2022 and when a vacancy was notified in the Additional Mop Up counseling in M.D. DVL course in Medicity College, the petitioner wanted to opt a seat in the same college but because of the illegal action of the respondent University in permitting the 5th respondent to participate in the Additional Mop Up counseling, the seat was blocked and the petitioner could not get admission in Medicity College.

8. Learned Counsel for the petitioner has further contended that the petitioner wanted to participate in t