HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.28265 of 2013 Date: 03-07-2014 Between:
B. Maheswari .. Petitioner AND The Government Medical College, Ananthapur and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.28265 of 2013 ORDER:
This writ petition is filed for a mandamus declaring the action of the respondents in not opening of the college on 31-07- 2013 for getting admission of the petitioner as illegal and arbitrary and also declaring the action of the respondents in denying the admission of the petitioner in the MBBS Course in the 1st respondent college in spite of the fact that the college is closed between 31-07-2013 to 15-09-2013 due to Samaikyaandhra Bundh in spite of giving admission to the petitioner in the 2nd respondent’s Hostel on 13-09-2013 as illegal and arbitrary and for a consequential direction to the respondents to admit the petitioner into MBBS course offered in the 1st respondent college as per provisional admission granted by the 3rd respondent.
2. The grievance of the petitioner is that the petitioner, who belongs to Schedule Caste Community, passed Intermediate with Bi.P.C. Group in May, 2012, appeared for EAMCET 2013 in Agriculture and Medical Group held in the month of May, 2013 and obtained 5711 rank and that during the first counselling held at JNTU, Hyderabad on 27-07-2013, the petitioner was allotted a Medical seat in Government Medical College, Ananthapur vide Provisional Admission Order dated 27-07-2013 and the 3rd respondent-University has taken all her originals of Hall Ticket of EAMCET, Rank Card, SSC Certificate, Intermediate Certificate, Study, Transfer, Caste and Income Certificates after paying of Rs.6,000/- towards Registration fee, Admission Fee and other fees vide Receipt No.JNSY6-00926, dated 27-07-2013 and according to the Provisional Admission Order, the petitioner has to report before the 1st respondent-college on or before 31-07-2013. It is stated that when the petitioner went to the college for joining on 31-07-2013, nobody was present in the college for getting admission, due to continuous agitation in the college in view of Bunch call by Samaikyandhra JAC and no classes are commenced as per the schedule from 31-07-2013 till 16-09-2013.
It is also stated that the petitioner stayed at Ananthapur from 31- 07-2013 onwards and daily attending the college as well as Hostel for getting admission into College as well as in the Hostel and that on 13-09-2013, at last, the Hostel Warden has issued admission form and the petitioner paid an amount of Rs.10,000/- vide three challans towards Hostel Development Fund, Deposit Fee and Advance Mess Bill and the petitioner was allotted Room No.117. Thereafter, after joining the Hostel, the petitioner started to go to the college for getting admission, but on 16-09-2013, the 1st respondent asked the petitioner to meet the 3rd respondent- Registrar for getting permission for joining as the admission date in the Provisional Admission Order is mentioned as 31-07-2013, for which the petitioner along with her father approached the 3rd respondent Registrar on 17-09-2013 and she was told that she has lost her seat because of non-joining as per the Provisional Admission Order on which she made a written request to the 3rd respondent-Registrar stating that because of Samaikyandhra strike, she could not join, though she was physically present, on account of closure of college and non-availability of staff in the college as well as Principal with effect from 31-07-2013 onwards. Even after submission of representations to the respondents 3 and 4, no orders are passed. Aggrieved by the same, the present writ petition is filed.
3. The 3rd respondent filed counter admitting the appearance of the petitioner for counselling for admission into MBBS/BDS Course for the academic year 2013-2014 at JNTU, Hyderabad, her selection for admission into MBBS course in Government Medical College, Ananthapur as per her option, the submission of all original certificates and payment of university fee and the issuance of Provisional Admission Order. It is stated that the petitioner was informed that the classes will be commenced from 01-08-2013 and that out of 93 candidates selected during the first counselling for admission into Government Medical College, Ananthapur, 92 candidates have reported to the Principal, Government Medical College, Ananthapur on or before 31-07-
2013. The 3rd respondent denied that the college was closed during that period. It is further stated that the University communicated the list of candidates selected for admission into MBBS course for the year 2013-2014 to the concerned colleges with a direction to admit the candidates selected in the counselling and to report back to the University on or before 02-08-2013 and the Principals of concerned colleges are also informed to intimate the University by 06-08-2013, the list of candidates who have not reported to the college within the stipulated date and the Principal, Government Medical College, Ananthapur informed the University that out of 93 candidates, 92 candidates have reported and one candidate i.e. the petitioner has not joined. It is further stated that as per the schedule of Medical Council of India, admissions into MBBS course shall be completed by 30-09-2013 and no admission shall be made subsequently. It is further stated that in view of MCI schedule, the University issued notification for filling up the vacant seats after first counselling and the second counselling was held on 11-09-2013 to 17-09-2013 and the University displayed the list of candidates who were provisionally selected and not joined the concerned colleges within the stipulated time.
In the counter, the 3rd respondent further stated that the petitioner submitted her representation on 17-09-2013 by which date the second counselling was completed and all the seats were filled up and no vacancy was existing, which was informed to the petitioner. It is further stated that the first phase of counselling held on 29-07-2013 and the second phase of counselling was held from 11-09-2013 to 17-09-2013 and there is one month 15 days gap between the first phase of counselling and the second phase of counselling and the petitioner never approached the Registrar for seeking permission for late admission beyond the stipulated time, but only gave representation on 17-09-2013 by which time the second counselling was also completed and the vacant seat was filled with next eligible candidate. The petitioner was informed that all seats were filled up in MBBS course and as the petitioner failed to report to the Principal, Government Medical College, Ananthapur within the stipulated time, the seat was allotted to the next eligible candidate in the second counselling held from 11-09- 2013 to 17-09-2013, and hence, the 3rd respondent sought for dismissal of the writ petition.
4. Ms. B. Sai Priya, learned counsel for the petitioner submits that the petitioner, who belongs to Schedule Caste Community, by hard work secured admission in Government Medical College by paying necessary fees and was issued Provisional Admission Order after collecting all the original certificates of the petitioner. She contends that when the petitioner went to the 1st respondent college for joining, the college was closed due to Samaikyandhra agitation, as such, she stayed in Ananthapur from 31-07-2013 for getting admission into college as well as in the Hostel. She further contends that on 13-09-2013, the Hostel Warden issued admission form after paying an amount of Rs.10,000/- towards Hostel Development fund, Deposit fee and Advance Mess Bill and thereafter, she was allotted Room No.117. She further contends that on 17-09-2013, the 3rd respondent- University informed the petitioner that she lost her seat because of her non-joining as per the provisional admission order. She contends that when the petitioner was granted admission in the Hostel, it is quite ununderstandable that the petitioner will not report to the 1st respondent college on 30-06-2013, but only due to Samaikyandhra agitation, the petitioner could not join the college as nobody was present in the college, which was not denied or disputed by the respondents. Learned counsel for the petitioner relied on a judgment reported in K. Gayathri v. Convenor,
[1]
EAMCET 2010, Hyderabad and others .
On the other hand, Sri A. Prabhakar Rao, learned standing counsel for the 3rd respondent-University submits that since the petitioner has not reported to the 1st respondent college on or before 30-06-2013, the Principal of the 1st respondent college informed the University about non-joining of the petitioner, as such, the said seat was filled in with the next eligible candidate in the second counselling, which was took place from 11-09-2013 to 17-09-2013, during which time, the petitioner never approached the Registrar seeking permission for late admission beyond the stipulated time, but only given representation on 17-09-2013 by which time the second phase counselling was also completed. He further contends that fault lies on the part of the petitioner for not reporting to the college on 30-06-2013.
In the instant case, a Scheduled Caste candidate with great difficulty got admission into MBBS course through entrance test and was issued Provisional Admission Order into MBBS course after paying the necessary fees. The 3rd respondent- University collected all the original certificates of the petitioner and asked the petitioner to report on or before 30-06-2013. It is the case of the petitioner that on account of Samaikyandhra agitation, which is going on at that relevant time, nobody was present in the college when the petitioner approached the 1st respondent college on 30-06-2013 for joining, as a result of which she stayed in Ananthapur and got admission into Hostel on 13-09-2013 by paying necessary fees. Surprisingly, on 17-09-2013, the petitioner was informed by the 3rd respondent-Registrar that she lost her seat due to non-joining as per the provisional admission order. It is not the case of the 3rd respondent-University that the petitioner has withdrawn from the course by submitting written request along with consent of the parents on or before 30-06-2013 at 5.00 P.M. It is also quite ununderstandable why the petitioner will not report to the Principal of the 1st respondent college on 30-06-2013 when she submitted all her original certificates and paid necessary fees for grant of provisional admission. The 3rd respondent has not denied about the Samaikyandhra agitation going on at that time in the State and also not denied the grant of admission to the petitioner in the 2nd respondent Hostel. It is also quite ununderstandable as to how the petitioner was granted admission into Hostel even on 13-09-2013. The provisional admission order contains a clause that the candidate who wish to withdraw from the course may do so by submitting a written requisition along with the consent of parent on or before 5.00 P.M. 30-06-2013 to the Registrar, Dr. NTR University of Health Sciences, Vijayawada only. It is not the case of the 3rd respondent-University that any such written requisition along with consent of parent was received from the petitioner withdrawing her candidature from the course. Until and unless a candidate wishes to withdraw from the course, no vacancy can be said to have arisen once the provisional admission order is granted by the 3rd respondent University. When the respondents are aware of agitation, the 1st respondent could have informed the petitioner about the same before allotting the seat to next meritorious candidate. In the counter of the 3rd respondent, it does not appear that the respondents have taken any such steps. It is also not known as to how the petitioner will dare to neglect to report the 1st respondent-college on 30-06-2013 wantonly when the college was functioning and the petitioner would not have paid the Hostel fees on 13-09-2013. Learned counsel for the petitioner relied on K. Gayathri v. Convenor, EAMCET 2010, Hyderabad and others (stated supra) wherein the petitioner therein was permitted to prosecute the study when the petitioner failed to pay the fees within the stipulated time due to lack of finance. The case of the petitioner herein stands on better footing in view of the fact that the petitioner has paid necessary fees and was issued provisional admission order as well as hostel admission.
In view of above facts and circumstances, I am of the opinion that since the respondents have denied admission of the petitioner into first year MBBS course even though she was granted provisional admission order basing on the merit and since the seat meant for the petitioner was already filled in by the next meritorious candidate in the second phase counselling and the entire process for the academic year 2013-2014 is already over, I direct the 3rd respondent-University to grant admission to the petitioner into first year MBBS course forthwith in the next academic year i.e. 2014-2015 subject to paying necessary fees by the petitioner.
With the above direction, the writ petition is allowed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 03-07-2014 Ksn
[1] 2011 (2) ALD 103