High Court · 2025

Judgment

2. The State of Telangana, represented by its Principal Secretary, Medical and Health Family Welfare Department, Secretariat Buildings Hyderabad . Kaloji .Narariyana Rao University of Health Sciences, represented by its Registrar, Warangal, Warangal District, Telangana ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue directions, orders, more so, a Writ, in the nature of Mandamus, by declaring the inaction of the respondents, more particularly the 2nd respondent herein not providing sufficient time to me and other students for arrangement of a bank guarantee and creating a hindrance to seek admission to Post Graduate Medical Degree/Diploma course as arbitrary, illegal and unconstitutional and consequently direct the respondents to allow me to exercise web options to secure a seat to purse Post Graduate [Vledical Degree / Diploma course UNDER MANAGEMENT QUOTA MQ-2 i.e., NRI Category for which I am already eligible in the present intake or current phase of counseling or next phase of counseling which ever is earliest I lA NO: 'l OF 2025 r.-. Petition uncler Section 151 CPC praying that in the circums;tances stated in the affidavit filed in support of the petition, the High Court ma y be pleased to direct the 2nd respondent to permit me to exercise web options to secure a seat in order to pursr> Post Graduate Medical Degree / Diploma course UNDER IvIANAGEMENT CIUOTA tMQ-2 i.e., NRI Category for which I am already eligible in the present inturke or current phase of counseling or next phase of counseling which ever is earliest for securing a provisional allotment of seat irr any college for the academic year 2024-2025, during the pendency of the above writ petition Counsel for the Petitioner: SRl. D. S. KISHEN Counsel for the Respondent No.1: GP FOR MEDTCAL HEALTH AND FAMILYWELFARE Counsel for the Respondent No.2: SRI T. SHARATH, SC FOR KNRUH The Court made the following: ORDER THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT PETITION No.325O OF 2025 ORDER: (Per the Hon'ble the Acting Chief Justice Sujog Paul) Sri D.S.Kishen, learned counsel appearing for the petitioner and Sri T. Sharath, learned Standing Counsel appearing for Kaloji Narayana Rao University of Health Sciences, for respondent No.2

2. The petitioner has prayed the following relief in this petition: "......to issue directions, orders, more so, a Writ, in the nature of Mandamus, by declaring the inaction of the respondents, more particularly the 2"d respondent herein not providing sufficient time to me and other students for arangement of a barrk guarantee ald creating a hindrance to seek admission to Post Graduate Medical Degree/Diploma course as arbitrary, illegal and unconstitutional and consequently direct the respondents to allow me to exercise web options to secure a seat to pursue Post Graduate Medical Degree/Diploma course UNDER MANAGEMENT QUOTA MQ-2 i.e., NRI Category for which I am already eligible in the present intake or current phase of counseiling or next phase of counselling which ever is earliest arrd may pass such other order or orders as this Honble Court may be pleased to deem frt and proper in the interest of justice arrd equity."

3. karned counsel for the petitioner submits that earlier the Government issued G.O.Ms.No. 107, Health, Medical and Family Welfare (C1) Department, dated 22.08.2022, which is pregnant with the following clause: "6.f: Candidates shall be permitted to submit barlk guarantee for tuition fee of ensuing academic year within one month after closure of admissions." 2 l,'. Learned counsel further submits that now the Government 4. has not issuel any G.O. and therefore, the students including the petitioner is Iacing diffrculty in making arrangement of furnishing bank guarantr:e with quite promptitude' l,earned Stand-ing Counsel for respondent- University 5. submits that the College has not been impleaded as party' As per the procedure prevailing, the petitioner has to pay the University fee to the Universit5r and then only, she will be able to upload the L:tter of allotment and for requisite fee and bank guarantee, she has to approach the concerned college'

6. There is, no pleading or material on record to show that the petitioner has paid the University fee.

7. No other point is Pressed

8. A plain reading of G.O.Ms.No. 107, dated 22'O8'2022 shows that in fact, this is a statutory notification whereby the Telangana state Private N,Iedical/ Dental Unaided Non-Minority Institutions (Admissions int o Post Graduate Medical/ Dental Courrses) Rules, 2017 have been amended. Despite repeated query from the Bench, learn:d counsel for the petitioner could not substantiate that the G.O,Ms.No.107, dated 22.08.2022 was having any expiry '-..:i 3 dlte. Being amendment to statutory provision, it will remain in force, unless it is repealed, rescinded or amended or nullifred in accordarrce with law. Clause 6.f. of the Rules, 2OlZ extracted above shows that the candidates have one mon[h,s time to furnish bank guaraltee after closure of admissions. Thus, no directions are required to be issued, because G.O.Ms.No.107, dated 22.08.2022, takes care of the time for furnishing the barrk guarantee

9. Accordingiy, the Writ petition is disposed of. No costs Interlocutory applications, if any pending, shall also stand closed. I To //TRUE COPYII SD/-P. PADMANABHA REDDY SISTANT REGISTRAR ON OFFICER

1. The Principal Secretarv, Medical and Health Family Welfare Department, ^ Secretariat Buildings, tivOeraOiO - - i rvqr!" I u""'r z. r ne Reqistrar, Kaloii N*."IqVln? Rao University of Health Sciences, ^ Warangal, Warangdl District. Telanor.,i '' -'', "' ; i,ff EF*'!*13, F.R ilL'JlElif{iitfi h?f#Fl,,." HEALTH , Hr=",EAt=;Hrsh court r* tn" sLiili i"tlb'""r"?i*t",ro"-0. ,fburt BM BS , , HIGH COUR.T DATED:101A212025 ,\: ORDER WP.No.3250 of 2025 iA 5 , t$ \rt't l\iF C) + ,r -)o o r DESP i^1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Z I I /. z/