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APHC010699902014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]
(Special Original Jurisdiction)
THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16486/2014 Between:
1. DR. KARTHEEK THOTA,, S/O. T.RAMABADRAM, AGED ABOUT 27 YEARS, R/O. H.NO. 3-9-39, GUTTALA BAZAR, ZAHEERPURA, KHAMMAM - 507 003 ...PETITIONER A N D
1. SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCE TIRUMALA, TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT - 517 507, REP. BY ITS REGISTRAR
2. THE MEDICAL BOARD OF SRI VENKATESWARA INSTITUTE OF, MEDICAL SCIENCE, C/O. REGISTRAR, SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCE, TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT - 517 507.
3. MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARAKA, NEW DELHI - 110077, REP. BY ITS SECRETARY
4. SRI BHASKAR RAO SANGAREDDY, S/O. & AGE NOT KNOWN TO THE PETITIONER, C/O. REGISTRAR, SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCE, TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT - 517 507.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the Respondents in rejecting the candidature of the Petitioner for admission into P.G. course on the premise that disability of the Petitioner in lower limbs is above 70% as illegal, arbitrary and unjust; (ii) declare that the 4th Respondent's selection in preference to the Writ Petitioner is illegal and arbitrary; and (iii) consequently set aside the selection of the 4th Respondent for admission into MD. Radiology and (iv) direct the 1 s' Respondent to admit the Petitioner in MD. Radiology course against Roster Point No. 31 (PH) in place of 4th Respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
IA NO: 1 OF 2014(WVMP 1790 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 17-06-2014 passed in W.P.M.P. No.20461 of 2014 in W.P.No.16486 of 2014 IA NO: 2 OF 2014(WVMP 1798 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted in W.P.M.P.N0.20461 OF 2014 in W.P.N0.16486 of 2014 dated:
17-06-2014 and pass IA NO: 3 OF 2014(WPMP 20461 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the selection of the 4th Respondent for admission into MD Radiology offered by the 1st Respondent against Roster Point No. 31 (PH category) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
IA NO: 4 OF 2014(WPMP 35238 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the proposed Respondent Nos. 5 to 8 herein as Respondent Nos. 5 to 8 in the present Writ Petition and Writ Petition Miscellaneous Petitions IA NO: 7 OF 2014(WPMP 100153 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 8 OF 2014(WPMP 143632 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2015(WPMP 12777 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased restrain the Respondents from filling up of one post of M.D. (Radiology) available for the academic year 2015 IA NO: 1 OF 2017(WPMP 16607 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner to attend :or the examination of M.D. (Radiology) which are going to be held in June, 2017 and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent University to forthwith declare the Petitioner's result of final year MD Radiology / Course examination held in June/July 2017 with further direction to the Respondent University to award degree certificate and passing certificate in the event the Petitioner declared as pass in the final MD Radiology Course examination and pass Counsel for the Petitioner:
11. VENKAT CHALLA Counsel for the Respondent(S):
1. MARELLA RADHA (SC FOR SVIMS)
2. VIVEK CHANDRA SEKHAR S
3. BHANU PRIYA G
4. MOHD ISLAMUDDIN ANSARI The Court made the following:
APHC010699902014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]
(Special Original Jurisdiction)
THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16486/2014 Between:
1. DR. KARTHEEK THOTA,, S/O. T.RAMABADRAM, AGED ABOUT 27 YEARS, R/O. H.NO. 3-9-39, GUTTALA BAZAR, ZAHEERPURA, KHAMMAM - 507 003 ...PETITIONER A N D
1. SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCE TIRUMALA, TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT - 517 507, REP. BY ITS REGISTRAR
2. THE MEDICAL BOARD OF SRI VENKATESWARA INSTITUTE OF, MEDICAL SCIENCE, C/O. REGISTRAR, SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCE, TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT - 517 507.
3. MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARAKA, NEW DELHI - 110077, REP. BY ITS SECRETARY
4. SRI BHASKAR RAO SANGAREDDY, S/O. & AGE NOT KNOWN TO THE PETITIONER, C/O. REGISTRAR, SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCE, TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT - 517 507.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the Respondents in rejecting the candidature of the Petitioner for admission into P.G. course on the premise that disability of the Petitioner in lower limbs is above 70% as illegal, arbitrary and unjust; (ii) declare that the 4th Respondent's selection in preference to the Writ Petitioner is illegal and arbitrary; and (iii) consequently set aside the selection of the 4th Respondent for admission into MD. Radiology and (iv) direct the 1 s' Respondent to admit the Petitioner in MD. Radiology course against Roster Point No. 31 (PH) in place of 4th Respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
IA NO: 1 OF 2014(WVMP 1790 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 17-06-2014 passed in W.P.M.P. No.20461 of 2014 in W.P.No.16486 of 2014 IA NO: 2 OF 2014(WVMP 1798 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted in W.P.M.P.N0.20461 OF 2014 in W.P.N0.16486 of 2014 dated:
17-06-2014 and pass IA NO: 3 OF 2014(WPMP 20461 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the selection of the 4th Respondent for admission into MD Radiology offered by the 1st Respondent against Roster Point No. 31 (PH category) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
IA NO: 4 OF 2014(WPMP 35238 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the proposed Respondent Nos. 5 to 8 herein as Respondent Nos. 5 to 8 in the present Writ Petition and Writ Petition Miscellaneous Petitions IA NO: 7 OF 2014(WPMP 100153 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 8 OF 2014(WPMP 143632 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2015(WPMP 12777 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased restrain the Respondents from filling up of one post of M.D. (Radiology) available for the academic year 2015 IA NO: 1 OF 2017(WPMP 16607 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner to attend :or the examination of M.D. (Radiology) which are going to be held in June, 2017 and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent University to forthwith declare the Petitioner's result of final year MD Radiology / Course examination held in June/July 2017 with further direction to the Respondent University to award degree certificate and passing certificate in the event the Petitioner declared as pass in the final MD Radiology Course examination and pass Counsel for the Petitioner:
1. VENKAT CHALLA Counsel for the Respondent(S):
1. MARELLA RADHA (SC FOR SVIMS)
2. VIVEK CHANDRA SEKHAR S
3. BHANU PRIYA G
4. MOHD ISLAMUDDIN ANSARI The Court made the following:
ORDER
This Writ Petition is filed seeking the following reliefs:
“…to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ
(i) declaring the action of respondents in rejecting the candidature of the petitioner for admission into P.G. Course on the premise that disability of the petitioner in lower limbs is above 70% as illegal, arbitrary and unjust;
(ii) declare that 4th respondent’s selection in preference to the Writ Petitioner is illegal and arbitrary;
(iii) consequently, set-aside the selection of 4th respondent for admission into MD Radiology; and,
(iv) direct 1st respondent to admit the petitioner in MD Radiology course against Roster Point No.31 (PH) in place of 4th respondent and pass such other order or orders…”
2. Contents of the affidavit, filed by the Writ Petitioner, in support of the Writ Petition, in brief, are that, he has been suffering from Post Polio Residual Paralysis since 3rd year of his birth; that the percentage of disability in terms of Medical Certificate issued by the Government General Hospital, Kakinada is 65% Permanent Disability in lower limbs; that in spite of physical disability in the lower limbs, it had not caused any hindrance to the petitioner to continue his education.
(b) The Medical Council of India issued Circular dated 14.07.2003 prescribing the guidelines for filling up of seats reserved for the persons having locomotive disability for admission into the Medical Courses, wherein, it was stated that the persons with disability in the lower limbs between 50% and 70% should be allowed the benefit of reservation under the Rights of Persons with Disabilities Act, 2016 for admission into the Medical Courses. The Central Government also issued letter bearing F.No.U.12021/ 8.202-MEC/ME-III, dated 12.05.2004 to consider the candidates for 3% quota having regard to disability to lower limbs between 50% and 70%; that the petitioner got (free seat) admission in Rangaraya Medical College, Kakinada in the year 2006 and accordingly, he joined in MBBS course and successfully completed the said course including Internship in the year 2012.
(c) The petitioner applied for Post Graduate Medical course offered by Dr.N.T.R. University of Health Sciences, Vijayawada for the Academic Year 2013 with Hall Ticket No.516743 and secured 4359 rank; that the disability percentage of petitioner was assessed at 65%, but with the rank of 4359, the petitioner could not get seat of his choice; that one Bhaskar Rao Sangareddy, belonged to BC-D community, also appeared in the said examination with Hall Ticket No.532065 and he secured 7213 rank and his disability was fixed at 40% - 50%.
(d) That Sri Venkateswara Institute of Medical Sciences issued prospectus SVIMSPGET-2014 invited applications to Post Graduate (MD) course for May, 2014 Session and notified 17 seats; that it was stated therein that in case, Medical Council of India permits for increase of seats in the existing course or permits new course(s), they would be filled from the merit list of the Entrance Test conducted by the University; that in pursuance of the said Notification, petitioner applied for the course and secured 73 marks in the Entrance examination and possessed 60.98% in MBBS course; that the petitioner secured 387 rank in the written examination; that 1st respondent drawn up provisional list of PGET- 2014 (Merit-wise) under PH Category and in the merit list comprising of 21 candidates, the petitioner name was at Serial No.1, as he secured highest marks in the PH Category candidates and one Bhaskara Rao Sangareddi was at Serial No.9, as he secured 56 marks with 60.61% in MBBS course and 947 rank in entrance examination.
(e) That the candidates who were included in the select list, were required to report one day before counseling together with Disability Certificate obtained from a Medical Board Authority constituted by the State Government and that PH Certificate should be issued within thre
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