JYOTHI P Vs. NTR UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) The NTR University of Health Sciences conducted P.G. Medical Entrance Test in accordance with Section 3 of the A.P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 ('the Act' for brevity) and the rules framed by the Government in exercise of the powers under Sections 15 and 3 of the Act. These rules made in G.O.Ms. No.260, Health, Medical and Family Welfare (E2) dated 10-7-1997 are called Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997 ('the Rules' for brevity).

(2.) The 1st petitioner appeared for the P.G. Entrance Test and she was admitted in two years P.G. Diploma Course in Gynaecology and Obstetrics in the 2nd respondent-College. She completed all the formalities and executed a bond as required under the Rules in November, 1999. The 2nd petitioner also appeared for P.G. Medical Entrance Test and could secure a seat in P.G. Diploma in the same subject. She also completed the formalities and executed the bond in November, 1999. It is to be noticed that the 1st petitioner is an in service candidate and she is working as Civil Assistant Surgeon for the last half a decade in Primary Health Centres. She is a resident of Warangal and her family of husband and two children are residents of Warangal. Therefore, during the time of selections she opted for a medical seat in the 3rd respondent-College which she could not get. She alleges that the authorities assured her that they would consider and recommend her case for transfer from Osmania Medical College to Kakatiya Medical College in due course of time.

(3.) The 2nd petitioner is a resident of Hyderabad. But she was allotted a seat in P.G. Diploma in Gynaecology and Obstetrics in Kakatiya Medical College. The petitioners were allotted to Nilofer Hospital at Hyderabad and Government Maternity Hospital, Hanamkonda in Warangal respectively. As the 2nd petitioner was willing to come to Hyderabad for completing the P.G. Diploma Course, petitioners 1 and 2 approached the 2nd respondent as well as the 1st respondent seeking mutual transfer and according to the petitioners, respondents 1 and 2 refused to take the application jointly given by them. Therefore, a representation dated 6-12-1999 addressed to the Registrar of the 1st respondent-University was sent by Registered Post Acknowledgment Due through the Principal of the Osmania Medical College. It is not denied that the Principal of the Osmania Medical College has received it but he has not forwarded the same to the University. As the 1st respondent has not passed any orders either accepting or rejecting the request for mutual transfer, the petitioners are before this Court. They seek a declaration that the action of the 1st respondent in not accepting the application of the petitioners for mutual transfer is illegal and arbitrary and for a consequential direction to consider the applications in accordance with law.