IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 5166 of 2005 Between: Dr. S. Sushma Kumari D/o. Late Sri Ramulu R/o. Flat o. 201, Sai Sandilya Apartments, H.No. 8-3-728, Yellareddyguda, Ameerpet, Hyderabad. ..... PETITIONER AND 1 NTR University of Health Sciences-A.P. Vijayawada, Rep. by its Registrar. 2 The Government of Andhra Pradesh, Rep. by its Secretary, Medical, Health and Family Welfare Department, Secretariat, Hyderabad. 3 Dr. R. Vijay Kumar Hall Ticket No. 3187, Rank 221 Hospital, Hyderabad. 4 Dr. G. Salmon Raju Hall Ticket No. 3052 Rank 257 Hospital, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order direction or writ particularly one in the nature of writ of MANDAMUS or any other appropriate writ declaring the action of the respondents in notifying the Oral Medicine and Radiology seat for BC-C treating as 6th year is illegal and arbitrary and consequently direct the respondent to treat the Oral Medicine and Radiology seat in MDS course for BC-B category candidate by considering the candidature of the petitioner who having secured the 37th Rank for the academic year 2005-06 in MDS Course and pass other order or orders in the interest of justice. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent : MR.D.V.NAGARJUNA BABU FOR RMAPP-2 MR.S.I.NEWTON FOR R6.4.05,VAK-4 MR.K.L.N.SWAMY FOR R GP FOR MEDICAL HEALTH & FAMI.WELFARE FOR R3 & 4 THE ADVOCATE GENERAL FOR R The Court made the following : Form-NIC-OGS/WP{VSMI} IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 6789 of 2005 Between: Dr. S. Sushma Kumari, D/o Late Sri Ramulu, R/o Flat No. 201, Sai Sandilya Apartments, H.No. 8-3-728, Yellareddyguda, Ameerpet, Hyderabad. ..... PETITIONER AND 1 NTR University of Health Sciences- A.P., Vijayawada. Rep. by its Registrar. 2 The Government of Andhra Pradesh, Rep. by its Secretary, Medical , Health and Family Welfare Department, Secretariat, Hyderabad. 3 Dr. Gopal Thodson, Hall Ticket No. 3059 Tank 159 C/o Principal, Government Dental College & Hospital, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring G.O.Ms.No. 464 Health Medical and Family Welfare (E2) Department dated 18-9-1993 in so far as providing 7 seats instead of one seat to B.C-A community candidates in a cycle of seven years is illegal and arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to earmark only 1% ( One percentage) of seats to B.C-C community, 10% of the seats to B.C.- B community in Post Graduate Degree ( Dental courses) in Dental Colleges of the State of A.P. in a block of seven years and pass such further order or orders in the interest of justice. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : Form-NIC-OGS/WP{AVLR} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NOs.5166 OF 2005 AND 6789 OF 2005 COMMON ORDER: The learned counsel appearing for the petitioner submits that the cause in these writ petitions does not survive and the writ petitions become infructuous. Having regard to the facts and circumstances of the cases, the writ petitions are dismissed as infructuous. No order as to costs. ________________ V.ESWARAIAH,J Date: 1-07-2008. Shr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 NTR University of Health Sciences-A.P. Vijayawada, Rep. by its Registrar. 2 The Government of Andhra Pradesh, Rep. by its Secretary, Medical, Health and Family Welfare Department, Secretariat, Hyderabad. 3.2CCs to 4.2CD copies