BICHENAPALLY SUMAHITHA Vs. THE GOVERNMENT OF TELANGANA, DEPARTMENT OF HEALTH, MEDICAL AND FAMILY WELFARE (C1) DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE writ petitioner is a student who wanted to pursue MBBS Course. She secured 97.66% of marks in the relevant subjects and attended for EAMCET -2014 examination. She secured 4178th rank. Since the chances of securing admission through counseling were little, she wanted to apply for admission under C1 category. The admissions to MBBS are governed by the rules framed under G.O. Ms. No. 9, Health, Medical and Family Welfare (C1) Department, dated 25.08.2014, as per which, 60% of the seats are filled under convener quota whereas 40% of the seats are filled under category C. In respect of C category seats, 25% are earmarked for management quota under C1, and 15% are earmarked for NRI quota. The fee payable for management quota is different from NRI quota.

(2.) THE fourth respondent college issued a notification on 27.08.2014 inviting applications for filling up of the seats under management quota. The petitioner applied on 29.08.2014. The fourth respondent directed the petitioner to attend for an interview and also directed her to furnish a bank guarantee with relevant documents. The petitioner appeared for the interview and submitted all the relevant documents on 30.08.2014 along with a Demand Draft for Rs. 9,00,000/ - for the first year fees drawn on State Bank of Hyderabad, dated 30.08.2014. The petitioner also submitted a bank guarantee bearing No. 01/2014 -15 for an amount of Rs. 36,00,000/ - from the State Bank of Hyderabad, Saroornagar Branch, valid till 31.03.2019. The fourth respondent College had collected all the originals, demand drafts, bank guarantee etc., on 30.08.2014 itself. Later on, the originals were returned and only photocopies were retained by them. At that stage, the petitioner filed W.P. No. 25636 of 2014 challenging the action of the fourth respondent in returning the originals and this Court, by order dated 03.09.2014, directed the fourth respondent to receive the bank guarantee and demand draft and consider the case of the petitioner for admission into MBBS course for the academic year 2014 -2015 based on her ranking under C1 category. Though the fourth respondent was under obligation to display the merit list of the candidates on the notice board, the same was not displayed. The fourth respondent filed a petition in W.P. No. 25636 of 2014 seeking vacation of the direction and enclosed the merit list. The petitioner was surprised to know that she was placed at serial No. 38 by awarding 1 mark in the interview as against 15 marks earmarked for the interview upsetting her chances of securing admission in the course. Though the petitioner secured 586 marks in the group subjects and she was second highest candidate in the merit list, by awarding only 1 mark in the interview, the petitioner was denied admission. The candidates, who secured lesser marks of 497, got admission by awarding marks arbitrarily at the time of interview. Challenging denial of her admission, the present Writ Petition is filed.

(3.) THE fourth respondent filed a separate counter stating that the entire process of admission to MBBS course is regulated and governed as per the rules called, "The Andhra Pradesh Un -aided Non -Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical & Dental Professional Courses) Rules, 2007". In respect of the academic year 2014 -2015, the fourth respondent issued a notification dated 27.08.2014 in two leading Newspapers i.e., "The Hans India" English Daily and "Prajasakti" Telugu Daily inviting the interested candidates to approach the College office for collecting the application forms for admission to Category -C1 management quota seats of the first year MBBS course. In response to the same, 52 candidates applied and they submitted the applications along with the enclosures within the prescribed time. The interviews were held on 30.08.2014 and only 41 candidates attended the interview. Based on the performance at the interview and marks in the qualifying examination, the merit list was prepared and the same was displayed on the notice board on 31.08.2014 and was also sent to the third respondent. The third respondent approved the merit list by communication dated 01.09.2014, which contained the names of 52 candidates in the order of merit. Accordingly, the fourth respondent granted admission to the candidates at serial numbers 1 to 37 from the approved merit list. They paid the college fees, University fees and are attending the classes with effect from 01.09.2014. In view of the compliance with the rules, there are no merits in the Writ Petition and accordingly, sought for dismissal of the Writ Petition.