WP/31315/2024 of ARUL ROHAN Vs THE STATE OF AP on 31 December 2024

ORDER:

(Per Sri Justice Ravi Cheemalapati)

The grievance of the petitioner is that the respondent authorities are not permitting his candidature to participate in counselling/admission into PG (Medical) course under Management quota for the academic year 2024-2025 through notification dated 27.12.2024.

2. The case of the petitioner in brief is that respondent No.2 issued notification dated 27.12.2024 inviting online submission of documents under Sub-category-S2 (NRI) & Sub-category-S3 (Institution) in private Non-Minority and Minority Medical colleges in State of Andhra Pradesh for admission under Management Quota into PG (Medical) courses for the academic year 2024-2025 with last date being 02.01.2025. The petitioner, though fully eligible for admission under the above sub-categories, has been denied registration by respondent No.2 on the ground that he did not apply for categories A and B in earlier round of counselling.

3. Heard Smt.Marella Radha, learned counsel for the petitioner and Smt.T.V.Sri Devi, learned Standing Counsel for the respondents.

4. Learned counsel for the petitioner submitted that the petitioner could not apply for both A and B categories due to unavoidable circumstances and respondent No.2, after completing the first round of counselling for category A and B seats, is now proceeding to fill the seats under Management quota for PG (Medical) admissions for the academic year 2024-2025. Denying the petitioner an opportunity to participate in the counselling on the ground that he did not apply for categories A & B would result in the loss of valuable academic year.

5. On the other hand, learned Standing Counsel for the respondents submitted that the notification dated 27.12.2024 was issued for the candidates who had previously submitted their applications for admission into PG (Medical) Degree/Diploma courses but had not registered under Sub-categories S2 (NRI) and S3 (Institution) and whose names appeared in the Revised Final Merit list displayed on 16.12.2024 were given the opportunity to submit documents for admission under these sub-categories with late fee. The petitioner’s case cannot be considered as he failed to register during the earlier phases of counselling for categories A & B. However, respondent University had already issued NEET PG schedule and allowing the petitioner to participate at this stage may violate the procedural norms and affect other eligible candidate. However, it is always open to the petitioner to apply for stray vacancies counselling scheduled to be held from 18.01.2025 to 24.01.2025.

6. Perused the record and considered the submissions made by both the learned counsel.

7. The petitioner seeking admission under management quota (NRI) approached the 2[nd] respondent-University to register his name but the respondent University rejected the same on the ground that he had not registered in prior categories i.e., categories A and B.

8. The notification dated 27.12.2024 explicitly stipulates that the candidates who have previously submitted their applications for admission into PG (Medical) Degree/Diploma courses but have not registered under Sub-categories S2 (NRI) or S3 (Institution), now wish to apply for these sub-categories and were present in the Revised Final Merit List displayed on 16.12.2024, for submission of their documents with late fee under Management quota seats (S2/S3) for the academic year 2024-2025.

The notification referred to above in unambiguous terms states that the individuals who applied for prior categories and previously submitted their applications would only be considered for admission under management quota. Therefore, conceding the case of the petitioner, who admittedly did not register in prior categories i.e., A and B at this stage, would potentially open the floodgates and several similarly situated persons would throng in, which ultimately would delay the admission process. Moreover, allowing the petitioners application would frustrate the revised final merit list that has already been prepared, leading to confusion and ultimately the admission process would adversely be hampered. Learned Standing Counsel for the respondents, however, submitted that despite the fact that the petitioner did not apply under categories A & B, it would be open to the petitioner to apply/participate in the counselling for stray vacancies scheduled to be conducted between 18.01.2025 and 24.01.2025.

9. Having considered the submissions of both the parties and taking the facts and circumstances of the case into consideration, this Court opines that the petitioner can participate in the stray vacancies counselling. In the light of the above, the writ petition is disposed of with the following direction:

Respondent Nos.2 & 3 are directed to permit the petitioner to participate in the stray vacancies counselling as per the schedule or any other date as fixed for unfilled PG (Medical) seats subject to him meeting the eligibility as per the applicable rules.

10. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

As a sequel, pending miscellaneous applications, if any, in this Petition shall stand closed.

DHIRAJ SINGH THAKUR, CJ

RAVI CHEEMALAPATI, J RKS