HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.32397 of 2014 Date : 23-12-2014 Between :
J. Sai Charitha ..
Petitioner And Dr. N.T.R. University of Health Sciences, Represented by its Registrar, Vijayawada, Krishna District .. Respondent Counsel for petitioner : Mr. A. Nagendra Rao Counsel for respondent : Mr. A. Prabhakar Rao, Standing Counsel The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of the respondents in denying a seat to the petitioner in the M.B.B.S. course for the academic year 2014-15 as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to allot a seat to her in the said course.
The petitioner pleaded that she has appeared for EAMCET-2014 and secured a rank of 7357 and that she belongs to BC-A category coming under Sri Venkateswara University area. That on 27-8-2014, the respondents issued notification for counseling and that the counseling was held from 30-8-2014 to 5-9-2014 in respect of 15% non-local candidates. The grievance of the petitioner is that though she has secured the rank of 7357, she was not given a seat under non-local category in the Osmania University area. The petitioner has further averred that according to her information, the students who have got rank upto 8900 were given admission.
On behalf of the respondents, its Registrar filed a counter affidavit wherein she has denied that a candidate having rank of 8900 belonging to the category of the petitioner was given admission. It is averred that the petitioner belongs to BC-A category and falls under Sri Venkateswara University area and that no candidate who is less meritorious than the petitioner in her category was given admission. It is further averred that the last candidate with rank No.6855 was selected under BC-A (Female) category under Sri Venkateswara University area and was admitted in PES Institute of Medical Sciences, Kuppam under B-category and that the last candidate with rank No.6663 was selected under BC-A (General) category and was given admission in Viswabharathi Medical College, Kurnool under B-category. As regards 15% seats meant for non-locals, it is averred that the last candidate who secured admission in the Osmania University area under BC-A category (Female) holding rank No.6561 was given admission in Prathima Institute of Medical Sciences, Karimnagar under unreserved seats while the last candidate who secured admission holds the rank of 6094 and given admission in N.R.I. Institute of Medical Sciences under un- reserved seat in B-category. The counter affidavit further averred that more meritorious candidates than the petitioner were given admission in Sri Venkateswara University area and other University areas in the erstwhile State of Andhra Pradesh and that the petitioner did not come under the zone of consideration as more meritorious candidates than the petitioner were given admission under BC-A and also General category.
Though the counter affidavit was served on the petitioner nearly 1½ months back, no reply affidavit has been filed controverting the averments contained therein. At the hearing, Mr. A. Nagendra Rao, learned Counsel for the petitioner submitted that he has not produced any evidence to show that any candidate with lower merit than that of the petitioner was given admission either under local or under non-local category of seats. In the absence of such evidence produced by the petitioner, I have no reason not to accept the stand of the respondents as reflected in the counter affidavit.
For the above mentioned reasons, I do not find any merit in the Writ Petition and the same is accordingly dismissed.
As a sequel to the dismissal of the Writ Petition, WPMP No.40495 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 23-12-2014 AM