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2022 DIGILAW 297 (AP)

K. Brahmaiah S/o K. Kotaiah v. Union of India, Rep. by its Secretary, New Delhi

2022-03-14

M.SATYANARAYANA MURTHY, PRASHANT KUMAR MISHRA

body2022
ORDER : 1. This writ petition has been preferred seeking the following reliefs: “......to issue a writ or order or direction more particularly one in the nature of mandamus by declaring the action of the respondent No. 2 in amending Rule 3 of the Andhra Pradesh Medical Colleges (Admission into Postgraduate Medical Courses) Rules, 1997, altering the eligibility criteria for in-service candidates as those who have been in continuous regular service in the State of Andhra Pradesh through the impugned G.O.Ms. No. 150, dated 11.12.2021 and also aggrieved by the action of respondent No. 4 in not considering the application of the petitioners and consequent emails for the request of in-service quota, thus depriving the petitioners who are working in continuous regular service in the state of Telangana in Singareni Collieries Company Limited (SCCL) of an equal opportunity of availing a seat in Post Graduate Medical Course for the academic year 2021-22 in the State of Andhra Pradesh as illegal, arbitrary, discriminatory and violative of Articles 14, 16, 19 and 21 of the Constitution of India and in utter contravention of Section 95 of the Andhra Pradesh Reorganisation Act, 2014 and the Andhra Pradesh Educational Institutions Regulations of Admissions Order 1974 issued vide G.O.P. No. 646 Education (W) Department dated 10.07.1979: (a) consequently, direct the respondent No. 4 to implement the in-service quota reservation for the petitioners as local in-service in the matter of admission to the Post Graduate Medical Courses for the academic year 2021-22. (b) consequently, set aside impugned G.O.Ms. No. 150, dated 11.12.2021 and the prospective notification vide No. 1236/EA2/PG/2021 dated 23.12.2021. (c) consequently, set aside the college wise allotment list published by the respondent No. 4 on 13.02.2022 and 21.02.2022 as illegal, arbitrary, discriminatory and violative of Articles 14, 16, 19 and 21 of the Constitution of India and utter. (d) consequently, direct the respondent No. 4 to consider the petitioners’ request and consider them for the admission into PG Medical Courses in Andhra Pradesh under local in-service quota since the petitioners have been serving in SCCL, Telangana continually from past 10 years to till today and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. Learned counsel for the petitioners submits that the petitioners are working in a Hospital under Singareni Collories Company Limited, which has been treated to be one of the organizations the services in which have been treated as continuous regular service in the State of Telangana and Andhra Pradesh by way of G.O.Ms. No. 155 dated 18.11.2021 by the Department of Health, Medical and Family Welfare (C1) Department, Government of Telangana. He would submit that on account of the said G.O. the petitioners are fully eligible and qualified for being considered as in-service candidates for admission to Post Graduation degree. However, their names have not been considered for admission to the said course. According to him, about 250 seats are still available, but they have been converted to non-service quota seats. 3. On the other hand, Mr. G. Vijaya Kumar, learned standing counsel for the NTR Health University would submit that the process for filling up the seats for in-service candidates is already over on 22.02.2022, therefore, at this stage, the petitioners cannot be allowed to claim seat in the in-service quota. However, he would fairly submit that if the petitioners make any representation for considering their case on any permissible ground in the left over vacancies still available for admission, the same shall be considered in accordance with law. 4. In view of the above, we deem it appropriate to dispose of the writ petition with the observation that the petitioners shall file their representations before the respondent No. 4/NTR Health University within one week from today, if so advised, and on filing such representations, the same shall be considered by the NTR Health University sympathetically and in accordance with law within 15 days thereafter, subject to availability of seats. 5. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.