THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION Nos.28062 and 28135 of 2023

COMMON ORDER:

(Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. P.Thirumala Rao, learned counsel for the petitioners.

Mr. A.Prabhakar Rao, learned Standing Counsel for the Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as, “the University”).

Ms. Gorantla Sri Ranga Pujitha, learned Standing Counsel for the National Medical Commission.

Mr. Rajagopallavan Tayi, learned counsel for respondent No.18.

Mr. V.Ravi Kumar Reddy, learned counsel for respondent No.23.

Mr. Jally Kanakaiah, learned Senior Counsel representing Mr. Jally Narender, learned counsel for respondents No.22, 24, 25 and 26.

2. In these writ petitions, the petitioners are aspirants seeking admission to MBBS course in the State of Telangana. The grievance of the petitioners is with regard to allotment of seats in stray vacancy round of counselling to the candidates namely respondents No.6 to 28 who have participated and allotted seats in phases 1, 2 and 3 of counselling to MBBS course.

3. Facts giving rise to filing of these writ petitions in a nutshell are that the petitioners have appeared in the NEET examination on 07.05.2023. The result of the NEET examination was declared on 13.06.2023. Thereafter, the petitioners participated in the first three phases of counselling. However, the petitioners failed to secure any seat in first three phases of counselling. Thereafter, by a notification dated 27.09.2023, the University notified the stray round of counselling for filling up the unfilled vacancies. The petitioners thereupon filed these writ petitions on 06.10.2023. In W.P.No.28062 of 2023, the following relief has been claimed:

For the reason stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus a) Declaring the action of the 5^th respondent university in deliberately allotting seats in stray vacancy round counselling, to candidates who have already participated and joined seats in Phase I, Phase II & Phase III, in complete defiance of the modified procedure issued vide Notification Dt: 12.07.2022 issued by the Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India, and also in gross disobedience of the orders Dt: 13.07.2021 passed in SLP(C).No.10487 of 2021 and Dt: 31.03.2022 passed by the Hon’ble Supreme Court in W.P.(C).No.174 of 2022; and consequently set aside/quash stray vacancy round counselling and all ensuing proceedings including allotment of seats to the candidates participated in stray vacancy round counselling; and b) Declaring the action of the 5th respondent university in not sharing the data of the candidates who participated in Phase I, II & III counselling and who already joined in seats in Phase I, II & III, to the 4^th respondent competent authority Medical Counselling Committee, so as to eliminate their names from the software and prohibit them from participating in further rounds of counselling in NEET UG for the academic year 2023-2024, as arbitrary, illegal and without jurisdiction and in gross contravention of the Notification Dt: 12.07.2022 issued by the Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India, and also in gross disobedience of the orders Dt: 13.07.2021 passed in SLP (C).No.10487 of 2021 and Dt: 31.03.2022 passed by the Hon’ble Supreme Court in W.P.(C).No.174 of 2022, and c) Consequently direct the 5th respondent university to prepare seat matrix and merit list afresh by including only the candidates who did not get any seats in the previous round of counselling and conduct stray vacancy round counselling afresh and allot seats in accordance with the modified procedure issued vide Notification Dt: 12.07.2022 issued by the Directorate General of Health Services, Mi