REVURU VENKATA ASRITHA Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Ms. G. Priyanka, learned counsel representing on behalf of Mr. V.V. Satish appearing for the petitioner and Mrs. Tata Venkata Sridevi, the learned Standing Counsel for Dr. NTR University of Health Sciences appearing for the respondents.

(2.) The petitioner herein appeared for the NEET (UG-2022) examination for admission into MBBS course. She also had a B- Certificate with Grade-A in 10(A) Naval Unit, NCC Nellore and sought admission under the NCC Female Open Category. The petitioner states that one seat each was available under this category in Sri Venkateswara Medical College, Narayana Medical College and Padmavathi Medical College. The petitioner contends that the 4th respondent who was lower in merit as well as in the NCC category ranking, was allotted a medical seat, in Narayana Medical college, without considering her merit. The Registrar of 2nd respondent-University of Health Sciences filed a counter affidavit. In this counter affidavit, it is stated that one Ms. Jakkala Jahnavi, who belongs to BC-D category had been allotted an MBBS seat at Narayana Medical College, Nellore in the open round under local/OC/Female/NCC category, in the first round. Subsequently, in the category round, Ms. Jakkala Jahnavi is said to have been allotted a seat in SVU Medical College, Tirupathi under NCC Category. As Ms. Jakkala Jahnavi belongs to the BC-D/NCC Category, the seat vacated by her, in Narayana Medical College, had to be given to the next eligible candidate in BC-D/Female, SVU area/NCC. As the petitioner was not belonging to the BC-D Category, the seat was allotted to the 4th respondent, belonging to BC-D Category, who was next in the merit list. The 2 nd respondent relied upon G.O.Rt.No.159 Higher Education (E.C) Department, dtd. 13/11/2020, in support of the allotment of seat to the 4th respondent.

(3.) The petitioner, in reply to this counter affidavit, submitted that the seat allotment for phase-I, released on 9/11/2022, by the 2nd respondent shows that Ms. Jakkala Jahnavi secured a seat in M/s. Shantaram Medical College, Nandyal under B.C-D category. She was subsequently allotted to M/s. S.V.Medical College, Tirupathi, in the seat allotment made on 27/11/2022. It is further stated that there were two seats reserved for NCC category in M/s. S.V.Medical College, Tirupathi, namely NCC-B.C-D-General Category and NCC-OC-Female. It is stated that Ms. Jakkala Jahnavi was allotted a seat under NCC-BC-D-General Category while another candidate Ms.Peddanagireddygari Pramodini was allotted seat under NCC-OC-Female category. It is contended that Ms. Jakkala Jahnavi had never taken the seat in Narayana Medical College, Nellore and the question of Ms. Jakkala Jahnavi discarding the seat in Narayana Medical College does not arise. It is also contended that the question of converting NCC-OC-Female Category in Narayana Medical College into NCC-BC-D Category does not arise as Ms. Jakkala Jahnavi had never been allotted a seat in the open category, either under the NCC quota or in the open quota.