Telangana High Court
WP/21918/2004 of J. Tripadha Gayathree, Vs Prl. Dr. A.R. Government Homeopathy Medical College, on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No. 21918 of 2004 Between: J. Tripadha Gayathree, W/o. Sri T. Chiranjeeva Rao, H.D. 116,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION No. 21918 of 2004
Between:
J. Tripadha Gayathree, W/o. Sri T. Chiranjeeva Rao,H.D. 116, Burma Camp Kothagudam, Khammam Distirct.
AND
..... PETITIONER
1 The Principal, Dr.A.R. Government Homeopathy Medical College,Rajahmundry.
2 Commissioner, Indian Medicines and Homeopathy, Secunderabad.
3 Registrar, NTR University of Health Sciences, Vijayawada.4 Secretary, Health, Medical and Family Welfare (R) Dept., Govt of A.P., Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toissue writ, order or direction more particularly in the nature of writ of Mandamusdirecting the respondents 1 and 2 to implement G.O.Ms.No. 238 dated 06.08.2004and to admit the petitioner into 1st year of BHMS in Dr. A.R. GovernmentHomeopathy Medical College, Rajahmundry in the enhanced seats of the college.
Counsel for the Petitioner : Mr.A.V.S.RAMA KRISHNACounsel for Respondents : G.P. FOR MEDICAL & HEALTH
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ORDER:
Heard the learned counsel for petitioner and the learned Government Pleaderappearing for respondents.
Challenging the action of respondents 1 and 2 in not implementing G.O.Ms.No.238dated 6.8.2004 and in not admitting the petitioner into first year of BHMS course inthe first respondent college, the present writ petiton is filed.
The case of the petitioner is that she secured Rank No.026581 in the EAMCET2004 and in spite of her attending first and second counseling on 6.5.2004 and25.10.2004 respectively seeking admission into B.H.M.S. in the first respondentcollege, she could not get the seat in the said course. It is stated that in the firstrespondent College, there are 25 seats of BHMS course and the Government videG.O.Ms.No.238 dated 6.8.2004 has increased the seats from 25 to 50. Thegrievance of the petitioner is that in the first and second counseling, only 25 seatshave been filed up, and the enhanced 25 seats were not filled and had thecounseling for the enhanced seats been taken up, she would have got admission forB.H.M.S. course in the first respondent college.
The learned Government Pleader produced parawise remarks of the respondentsstating that since affiliation for the enhanced seats was not granted to the firstrespondent college and admissions into those seats could not be made andtherefore, consideration of petitioner’s case for the enhanced seats does not arise. Itis also stated that the petitioner belongs to ‘OC’ category of Osmania University areawith Rank No.026581 and she will be eligible for OC/Unreserved seats in AndhraUniversity and Sri Venkateshwara University areas, and OC/Local seats in OsmaniaUniversity area. It is also stated that the OC local seat in O.U. area is occupied bythe candidate with rank No.12343 and therefore even if the seats are increased, shewill not get seat in BHMS course. It is stated that the committee constituted forinspection of the first respondent college has opined that the college does not haveproper infrastructure facility to increase the strength and therefore, it has notpermitted for the increase in seats.
Having regard to the facts and circumstances and having regard to the fact that the first respondent college was not granted affiliation for the enhanced seats, and sincethe petitioner did not come within the zone of consideration on the basis of her rankfor admission to the existing seats of 25, there is no ground to entertain the writpetition. The writ petition is accordingly dismissed at the stage of admission. Nocosts.
Date: 28.12.2004
_____________
N.V.RAMANA, J
DA
To
1 The Principal, Dr.A.R. Government Homeopathy Medical College,Rajahmundry.2 Commissioner, Indian Medicines and Homeopathy, Secunderabad.3 Registrar, NTR University of Health Sciences, Vijayawada.
4 Secretary, Health, Medical and Family Welfare (R) Dept., Govt of A.P., Hyderabad.
5 Two CCs to the G.P. for Medical & Health, High Court Buildings, Hyderabad (OUT).Hyderabad (OUT).
6 Two CD copies.