ATHER YASEEN Vs. STATE OF TEIANGANA

JUDGEMENT

(1.) These two writ petitions are heard together and disposed of by this common order as the issue involved in both these writ petitions is almost same.

(2.) The case of the petitioner is that she passed Intermediate examination in the year 2017 and appeared for the NEET-2017 with Roll No.909110589 and secured rank of 638802; that the Kaloji Narayana Rao University of Health Sciences (for short 'KNRUHS), Warangal-2nd respondent, issued notification for the year 2017-2018 for admission into the Bachelor of Unani Medicine and Surgery (BUMS) and petitioner also participated in the counselling held on 07.11.2017; that the Convenor, ISM/BUMS, KNRUHS, Warangal issued provisional admission order Phase-I to the petitioner allotting seat in Al-Arif Unani Medical College, Hyderabad-5th respondent for BUMS under Management quota in the fee category of CTB and the petitioner was directed to physically report before the Principal on or before 10.11.2017 by 5.00 p.m. along with the provisional admission order, other original certificates and pay the tuition fee for obtaining admission card in the respective course; that in pursuance of the provisional admission order, the petitioner has taken a Demand Draft for Rs.15,000/- dt.07.11.2017 bearing No.431884 in favour of the respondent-University and handed over the same to the respondent-University at the time of counselling and subsequently submitted the joining report to the college on 08.11.2017 by paying fee of Rs.2,00,000/- through Demand Draft; and that the 5th respondent-college has also issued Receipt No.643, dt.09.11.2017 and accordingly the petitioner pursued the course with the 5th respondent-college. After completion of one year, petitioner was issued Hall ticket vide Regd. No.1705222014 for writing first year examinations scheduled from 14.11.2018 to 29.11.2017 and petitioner also appeared in the examinations and fared well and as results were not declared, the petitioner filed WP.No.8756 of 2019, and this Court by order dt.30.4.2019 directed the 2nd respondent- University to furnish the marks secured by the petitioner in the first year examinations in a sealed cover to the Court by the next date of hearing. Thereafter, the 1st respondent withdrew the 'No Objection Certificate (essentiality certificate) granted to the 5th respondent-college in terms of the orders from the Ministry of Ayush, Government of India and ordered for transfer of students of the said college to the Government Nizamia Tibbi college-4th respondent herein. Accordingly, the 2nd respondent issued orders for de-recognition and disaffiliation of the 5th respondent- college and also issued notification dt.09.07.2019 for the students of 5th respondent-college directing that the candidates who are admitted in BUMS course for the academic year 2014-2015; 2015- 2016 under Dr.NTRUHS and for the academic year 2016-2017 and 2017-2018 under KNRUHS to attend the first and final counselling along with the parent with allotment order, identity card, fee receipts, marks memos, undertaking on Rs.100/- stamp paper, etc. for reallocation to the Government Nizamia Tibbi College as per the orders of the Government of Telangana and also directed to appear at the venue of Prof.Ram Reddy Center for Distance Learning (PGRRCDE) Osmania University campus, Hyderabad from 10.00 a.m on 13.07.2019 and for the candidates who joined in the year 2017- 2018, they were directed to report at 11.30 a.m. along with parents. Accordingly, the petitioner and her father have appeared at the counselling with all relevant documents referred to in the notification dt.09.07.2019 and also proforma undertaking on Rs.100/- stamp paper. However, except petitioner's name, names of all other candidates were displayed in the list for transfer from 5th respondent college to 4th respondent- college. When the petitioner requested the officials belonging to the University and the Department of Ayush, Telangana, as to why they did not include her name in the said list of the students, who were admitted into the course for the academic year 2017-2018, they did not give any reasons. Inspite of verification of petitioner's certificates and having found genuine, they did not record petitioner's name for transfer from 5th respondent-college to the 4th respondent-college, on the premise that petitioner's name is not figuring in the list of students displayed for the academic year 2017- 2018. Aggrieved by the same petitioner filed this writ petition.

(3.) The facts in this writ petition are almost similar to that of WP.No.15123/2019 and the same are as follows:-