APHC010435792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 24005 OF 2025 Between: Ms. Tentu Yashita Yajaswini, D/o. Lieutenant Colonel Tentu Ajai Kumar, Aged About 17 Years, Occ: Student, R/o. 11-4-10/2, Railway Station Road, Nidadavole, East Godavari District, Andbra Pradesh, Presently residing at Bharati Vidya Peeth Medical College and Hospital, 411043 Petitioner being a minor she is being represented by her Father and Natural Guardian Lieutenant Colonel Tentu Ajai Kumar, S/o. Kanaka Lingeswara Rao, Occ; Retired Armed Forces Personnel Aged 47 Years, R/o. Bharati Vidya Peeth Medical College and Hospital, Dhankawadi, Pune - 411043. ...Petitioner Dhankawadi, Pune - AND 1. The Union of India, Represented by its Secretary Ministry of Human Resource Development, Shastri Bhavan, Dr Rajendra Prasad Road, New Delhi - 110001. 2. The State of Andhra Pradesh, Represented by its Principal Secretary Medical, Health and Family Welfare, Secretariat Buildings, Velagapudi, Amaravati. 3. Dr NTR University of Health Sciences, Represented by its Registrar, Vijayawada, Andhra Pradesh. ...Respondents V, i .% 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 a writ, order or direction, one more particularly in the nature of a Writ of Mandamus, declaring the action of the 3rd Respondent in considering the Petitioner as a Non-Local Candidate, under the Children of Armed Forces Category VI (CAP VI), despite the fact that the Petitioner was not at fault for not studying at one particular place and that it was only moving across states owing to the exigencies of her fathers service to the nation and as a result of that she is not a Local Candidate in any state of India where she avail the CAP, as illegal, arbitrary and against the principles of natural justice and to consequently direct the 3rd Respondent university to consider the Petitioner as a Local Candidate under CAP VI Category during counselling for the MEET UG 2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3rd Respondent University to consider the Petitioner as a Local Candidate under CAP VI Category during counselling for the MEET UG 2025 for admission into MBBS during the pendency of this Writ Petition. Counsel for the Petitioner: SRI NAUMENE SURAPARAJ KARLAPALEM Counsel for the Respondent No.1 : SRI CHALLA DHANUNJAY, ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2 : GP FOR MEDICAL HEALTH & FW Counsel for the Respondent No.3 : Mrs. T.V. SRIDEVI, SC FOR NTR UNIVERSITY The Court made the following order: 1 APHC010435792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3446] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 24005/2025 Between: Tentu Yashita Yajaswini ...PETITIONER AND ...RESPONDENT The State Of Ap Counsel for the Petitioner: 1.NAUMENE SURAPARAJ KARLAPALEM Counsel for the Respondent: 1. The Court made the following order: (per Hon'ble Sri Justice R. Raghunandan Rao) W.P.fSR).No.32675 of 2025 The objections raised by the Registrar overruled. Writ Petition to be numbered. W.P.No.24005 of 2025 Heard Sri K.S. Naumene, learned counsel appearing for the petitioner and Sri T.V. Sridevi, learned counsel appearing for the respondents. 2 2. The petitioner herein is the daughter of a retired Army Officer. The petitioner, on account of the transfers of her father, had studied at various places in Jharkhand and Maharashtra from classes VI to XII. The petitioner is seeking admission to the MBBS course, for the year 2025-2026 in Andhra Pradesh. The petitioner obtained All India Rank of 99655. The petitioner, being the daughter of an Army Officer, is entitled to be considered, in the reserved category of Children of Armed Forces Personnel (CAP), as stipulated under G.O.Ms.No.59, dated 16.05.2018 of Home (Service. IV) Department. However, at the time of applying for participation in the counseling process, the petitioner was categorized, as Non-Local CAP VI category, on the ground that she had not pursued her education in any local area in Andhra Pradesh. The petitioner being aggrieved by this categorization has approached this Court, by way of the present Writ Petition seeking a direction to the 3'”’^ respondent to consider the petitioner as a local candidate. 3. 4. The contention of the learned counsel for the petitioner is that she cannot be discriminated on account of the services of her father in the Armed Forces of the country. 5. The learned counsel for the respondents on the other hand, contends that the petitioner had not pursued her school education from classes VI onwards, anywhere in Andhra Pradesh and that the presidential Order, 1974 does not permit the respondents to consider the petitioner local candidate, in any of the local areas, in the State of Andhra Pradesh. as a w 3 6. The notification, calling for applications for admission into MBBS course, for the year 2025-2026, issued by the NTR University of Health Sciences, contained instructions as to the manner in which candidates, who apply for admission into the MBBS course, would be categorized as local and non-local candidates. The notification also provided reservation of 85% of the available seats for locals with 15% of the seats being open for non-locals also. This stipulation is on account of the provisions of the Presidential Order, 1974 and the consequential admission guidelines set out, from time to time. The Presidential Order of 1974, clearly stipulates that a Person would be treated as a local person, for a specified local area, if the said person had studied, in the specified local area, for the four years, preceding the qualifying examination. Where the person has not studied in any Educational Institution, in Andhra Pradesh, the person would still be treated a local candidate, if he had resided in the past four years in the local area. Apart from this, the persons, who had pursued their education in Andhra Pradesh, in different local areas, would be treated as local candidates, in the local area where they had studied for the longest period. 7. as 8. Persons, who have not studied within Andhra Pradesh, at any point of time, cannot be treated as local candidates, in any local area and would have to be treated as non-local candidates, anywhere in Andhra Pradesh. •tt 4 9. In the present case, the petitioner did not study, within Andhra Pradesh, from Classes VI onwards. As such, she would not be entitled to be treated as a local candidate, in any local area, in the State of Andhra Pradesh. 10. In the circumstances, this Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/-B PRASADA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Naumene Suraparaj Karlapalem, Advocate 2. Two CCs to GP for Medical Health Pradesh [OUT] 3. One CC to Sri Challa Dhanunjay, Additional [OPUC] 4. One CC to Mrs. T.V. Sri Devi, SC for NTR 5. Two CD Copies [OPUC] & FW, High Court of Andhra Solicitor General of India University (OPUC) Cnr HI.GH COURT DATED:21/08/2025 ORDER WP NO. 24005 OF 2025 DISMISSING THE W.P. WITHOUT COSTS