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2025 DAILYLAW 29722 (AP)

Palyam Harshitha Evangelin v. The State of Andhra Pradesh,

WP/22238/2025 · 2025-08-20

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010426182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWOTHOUSANDAND TWENTYFIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 22238 OF 2025 Between: Palyam Harshitha Evangelin, D/o. Prakasam Babu, aged 20 years, R/o. Door No. 14/3-12-B-9, Saidapuram, Kadiri Mandal, Sri Satya Sai District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Medical and Health Family Welfare Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. Dr N T R University of Health Sciences, Vijayawada, NTR District, Andhra Pradesh, Represented by its Registrar. 3. The Convenor, MBBS/BDS-2025, C/o. Dr.N.T.R.University of Health Sciences, Vijayawada, NTR District, Andhra Pradesh. 4. The Director of Public Health and Family Welfare, Gollapudi, Vijayawada, NTR District, Andhra Pradesh. 5. The National Medical Commission, Represented by the Directorate of Medical Education, For the State of Andhra Pradesh, Old Government General Hospital, Hanumanpet, Vijayawada, NTR District, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the G.O.Ms.No.80, Health, Medical and Family Welfare (C1) Department, Dt,- 22-7-2025 issued by the 1st Respondent is ultra virus and treating the Petitioner as non-local in the place of Andhra University instead of Sri Venkateswara University Area in the state of Andhra Pradesh for ongoing counselling for admission into MBBS/BDS for the academic year 2025-26 which is contrary to the Clause 4 (2) (b) of the Presidential Order, 1974 and the Judgment of this Hon'ble Court reported in AIR 1976 AP 408 as illegal, arbitrary and violative of the Fundamental Rights garuanteed to the Petitioner under Articles 14, 19 and 21 of the Constitution of India, and consequently set-aside the G.O.Ms.No.80, Health. Medical and Family Welfare (Cl) Dpartment, Dt. 22-7-2025 and direct the Respondents to consider the candidature of the Petitioner as a local candidate of Sri Venkateswara University Area in the state of Andhra Pradesh for ongoing counselling for admission into MBBS/BDS for the academic 2025-26. year 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 set-aside the G.O.Ms.No.80, Health, Medical & Family Welfare (Cl) Dpartment, Dt. 22-7-2025 and direct the Respondents to consider the candidature of the Petitioner as a local candidate of Sri Venkateswara University Area in the state of Andhra Pradesh for ongoing counselling for admission into MBBS/BDS for the academic year 2025-26 pending disposal of the above writ petition. f Counsel for the Petitioner: SRI V SAI KUMAR Counsel for the Respondent Nos. 1 & 4: GP FOR MEDICAL HEALTH FW Counsel for the Respondent Nos.2 & 3: SMT. T V SRIDEVI (SC for DR. NTR UNIVERSITY OF HEALTH SCIENCES) Counsel for the Respondent No.5: -— The Court made the following order: I APHC010426182025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-25 [3446] AT AMARAVATI WRIT PETITION NO: 22238 of 2025 Palyam Harshitha Evangelin ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner; Advocate for Respondent; Mr. V Sai Kumar GP for Medical, Health & FW for R.1 & R.4 Mrs. T V Sridevi for R.2 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 21®* August, 2025 PC : The case of the petitioner is that she ought to be treated as a local candidate under Sri Venkateswara University where she had studied classes from 1 to 7 and not as a local candidate under the Andhra University where she had studied from classes 8 to 12. for 2. The contention of learned counsel for the petitioner is that although she had undertaken her studies for classes 8 to 12 in the Andhra University area, her permanent residence continued to remain within the jurisdiction of Sri Venkateswara University where her parents otherwise have their domicile. 2 - \ HCJ & RRR, J WP_22238_2025 Rule 9(1) of the Andhra Pradesh Government Professional Institutions (Regulation of Admissions into Undergraduate Medical and Dental Professional Courses) Rules, 2004 as amended by G.O.Ms.No.80, dated 22.07.2025, defines local candidate as under: .■>/ 3. (ii) The Local Candidate means: (A) A candidate for admission shall be regarded as a local candidate in relation to a local area. - (a) If he/she has studied in educational Institution or educational Institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he/she appeared or as the case may be, first appeared in the relevant qualifying examination, or (b) Where, during the whole or any part of the four consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination, he/she has not studied in any educational Institutions, if he/she has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination in which he/she appeared or, as the case may be, first appeared.” 4. In the present case, since the petitioner has studied in the Andhra University area from classes 8 to 12, she could be considered as a local candidate only under the Andhra University area and not under the Sri Venkateswara University area. 5. We do not find any merit in the present petition, which is accordingly dismissed. No order as to costs. 3 HO & RRRJ WP 22238 2025 Miscellaneous applications pending, if any, shall stand closed. F Sd/-SHAIK MOHD RAFl ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri V Sai Kumar, Advocate [OPUC] 2. One CC to Smt. T V Sridevi (SC for Dr. NTR University of Health Sciences), Advocate [OPUC] 3. Two CCs to GP for Medical Health FW, High Court of Andhra Pradesh [OUT] 4. Two CD Copies TF HIGH COURT DATED:21/08/2025 ORDER WP NO. 22238 OF 2025 ggTof % (? 11 SEP 2025 . Current beciion , X m O DISMISSING THE W.P., WITHOUT COSTS