Dr. Ch. Aruna v. National Commission for Homeopathy

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 a Writ, Order: or Direction more particularly one in the nature of Mandamus declaring the action of the respondents in excluding the Petitioner, who is an in-service Doctor working under Government of Telangana from counselling under the in-service quota for AIAPGET 2025-26 by not treating the local candidate of the State of Telangana as arbitrary, illegal and Petitioner consequently direct the respondents to process the application of the Petitioner forthwith for admission to MD (Homeo) Course for the academic year 2025-26 and take further consequential action to enable the Petitioner to study the P.G. Course of MD (Homeo) as in-service candidate from the academic year 2025-26. -as lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to accept the application of the Petitioner in physical form for the MD Homeo Course for the year 2025-2026 Counsel for the Petitioner: SRI L. ARAVIND REDDY REPRESENTING FOR SRI K.R.K.V. PRASAD Counsel for the Respondent No.1 & 5: SRI N. BHUJANGA RAO, Deputy Solicitor General of lndia Counsel for the Respondent No.2: SRI G. RAVI REPRESENTING FOR SRI T. SHARAT, SC FOR KNRUHS Counsel for the Respondent No.3 & 4: SRI R. NAGARJUNA REDDY, ASST. GP FOR MEDICAL & HEALTH The Court made the following: ORDER THE HONOURABLE SRI JUSTICB P'SAM KOSHY AND THE HONOURABLE SRI JUSTICE _ SUOPNLA CHALAPATHI RAO W.P.No.32225 OF 2025 ORDER, (per f{ttn'ble Sri Justice P'Sam Koshy) Heard Mr. K.R'K'V'Prasad' learned counsel for the petitioner,Ma.G'Ravi,learnedcounselrepresenttng Mr.T.sharath,learnedStandingCounselforKalojiNarayanaRao University of Health Sciences for respondent No'2' Mr. R. Nagarjuna Reddy, learned Assistant Government Pleader for Medical, Health, and Fanriiy Welfare Department for learned counsel respondent No.3 and Mr' B'lv{trkhcrjee' representingMr.N.BlrujangaRii.:l,lcarrledDeputySolicite.'r General of tndia for respondent No'5' Perused the record'

2.Theinstantisawritpetitionwhiclrhasbeenfiledfortlre fotlowing relief: "lt is therefore prayed that the Hon'ble Court rnay be pleased to issue a Writ' Order or Direction more particularly one in the nature of Mandamus declaring the action of the respondents in excluding the Petitioner, who is an in-service Doctor working under overnmentofTelanganafromcounsellingunderthe G 2 in-service quota for AIAPGET 2O2S-2G by not treating the Petitioner as local candidate of the State of Telangana as arbitrary, illegal and consequenfly direct the respondents to process the application of the Petitioner forthwith for admission to tUD (Homeo) Course for the academrc year 2025-26 and take further consequential action to enable the petitioner to study the P.G.Course of IMD (Homeo) as in-service candidate from the academic year 2025-26 and pass any other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

3. During the course of hearing, leamed counsel for both the parties brought to the notice of this Bench an order passed by a Division Bench of this High court, headed by the Hon'ble the chief Justice in w.P.No.30343 of 2025, disposed of on

07.t0.2025. 4- Undisputedly, the facts of the present case are, if not identical, similar to the facts of the aforesaid writ petition. The said writ petition was disposed of based upon written instructions received from the Government of Telangana, Medical, Health and Family welfare (cl) Department dated 07.10.2025. The observations made by the Division Bench so also the instructi<rns of the Department dated 07 .rc.2025 stands reproduced 3 in paragraphs 5 to 9 of the said order of the Division Bench dated

07.10.2025, which for ready reference, is reproduced hereunder: Learned Assistant Government Pleader for the state 5. has obtained written instructions from the Government of Telangana, Health, Medical and Family Welfare (C1) Department dated 07.10.2021 which is to the following effect: "To The Registrar, KNRUHS, Warangal Sir Sub: KNRUHS - Suits - W.P. frled by Dr'Matcha Kalyani & 5 others regarding PG Medical & PG AYUSH Counselling under in-service quota for the Academic Year 2025-26 - Reg' Ref: 1. G.O.Ms.No.14B & 149, HM&FW (C1) Dept dated 2L.I2.2O24- 2. Hon'ble High Court orders dt: 17.12.2024 in W.P.No.3O77L of 2024' 3. Hon'ble SuPreme Court orders dt: 15.O1.2025 in SLP(C) No.3O706- 3O7O8/2024. 4. From Learned Advocate General, High Court for Telangana, Opinion'No' LA I 2024' dated: 2O.O1.2025- 5. Govt Lr.No. L2222lCL 12024 dated: 20.o1.2025. 6. W.P. No. of 2025 filed by Dr'Matcha Kalyani & 5 others.

1. In the light of opinion given by the Learned Advocate General, Telangana and oid.ers in the reference 3'd cited, Government hereby permit the Registrar, KNRUHS' Warangal to allow cand'idates who have passed 9-ft to L2th fr"o- the State of Telangana, completed MBBS outside the State of Telangana and are working with the to PG M-edical Government of Telangana, fo. for the academic yeax 2025-26. and PG AYUSH "o,,"." Ho*"rr"., it shall be clarifred in tl,.e notification that these admissions would be subject to further orders in SLP (C) No. 30706-so718l2o24' "otlrtselling t : i i I I l: :r i: I iI i I I I I ,,1 I ,l :l :i I I I I I lil! :1 j ;i : i i i l, il: ! I, I I I t!l: 4

2. Registrar, KNRUHS, Warangal is requested to take action accordingly. Yours faithfully sd/- SECRETARY TO GOVERNMENT" Learned Assistant Government Pleader for the State

6. submits that candidates like the petitioners would be permitted for counselling to PG Medical and PG AYUSH Courses for the academic year 2025-26, which, however, shall be subject to the further orders passed in SLP (C) Nos.30706-30708 of

2024. Learned Senior Counselfor the petitioners submits that

7. since the Government of Telangana has agreed to allow the petitioners to participate in the counselling of PG Medical and PG AYUSH Courses for the current academic year, the present writ petition can be disposed of. He submits that in any case, such admission would be subject to furthei orders in the pending Special Leave Petitions. Learned Assistant Government Pleader for the State

8. also submits that the matter can be disposed of in the light of the written instructions dated 07.1O.2O25 furnished by the Department. Taking note of the aforesaid facts and circumstances

9. and the instructions furnished by respondent No.1, since the grievances of the petitioners are being addressed, the Writ Petition is disposed of. However, there shall be no order as to costs.

5. Given the fact that similar writ petitions have already been disposed of with a condition that the orders passed by this Court : i I I \ I I 5 are subject to further orders that would passed in S.L.P (C) No.30706 407A9D024, we are inclined to dispose of the present writ petition in similar terms.

6. Accordingly, we direct respondent No.2/University to ensure that the Government instructions dated 07.10.2025 reproduced hereinabove be applied in the case of the petitioner as well and the petitioner be also permitted to participate in the ongoing admission process for MD (Homeo) Course for the academic year 2025-2026 under the in-service quota. It has been informed that the portal stands closed on 21 .10.2025. In view of the same, we direct respondent No.2/University to open the portal so far as the petitioner is concerned enabling her to participate in filling the required form for the said admission process for MD (Homeo) Course for the academic year 2025-2026. Further, subject to the petitioner being found otherwise eligible other than the ground of not having undertaken the graduation course from within the State of Telan gana, she be permitted to participate in the further admission process forthwith. 6

7. However, as has been ordered in W.P.No.30343 of 2025, the admission, if at all if granted to the petitioner, the same would be subject to the outcome of the SLP pending before the Hon'ble Supreme Court i.e., S.L.P (C) No.30706-3070812024

8. The writ petition, accordingly, stands disposed of. It is made clear that respondent No.l also should ensure that wherever necessary respondent No.l shall take necessary steps in ensuring that respondent No.2/University does not face any difficulty in opening of the portal so far as the petitioner herein is concerned. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. /TRUE COPY// SD/.M. JAWAHAR REDDY ASSISTANT REGISTRAR G SECTION OFFICER To,

1. One CC to SRI K.R.K.V. PRASAD, Advocate IOPUC] 2. One CC to SRI N. BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC] 3. Two CD Copies fS l +,***ffi w LflT;:1;:';;i coM &vrre-B'^F o("ielcvrl^na{ooe HIGH COURT DATED i2511A12025 ORDER WP.No.32225 ot 2025 'i:'li:: i:'.i (\ \- 170ECM ,.). -.1.t: ,.,. 1/ DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS I *{a &"