IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14426 of 2009 Between: Dr.D.B.Vanaja Kumari, W/o.Ch.Ravi R/o.Sardar nagar,Maheshwaram Mandal Ranga Reddy District ..... Petitioner AND 1. The State of Andhra Pradesh, rep.by its Secretary, Medical & Health Department, Secretariat Buildings, Hyderabad 2 Dr.N.T.R.University of Health Sciences, Andhra Pradesh at Vijayawada, rep.by its Registrar 3 Dr.Babu Sudheer Goud S/o.J.Veera Swamy D.No.11-2/3, Ward No.56, Behind Sadhana Public School, Aganampudi Post, Gajuwaka Mandal, Visakhapatnam District 4 Dr.S.Rekha, Vidyabharathi Enclave, H.No.365-265/14/6 ECIL, Hyderabad .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein 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 action of the 2nd respondent in allotting Repertory seat in M.D.Homeo Course for the year 2009-2010 in favour of the 3rd respondent, ignoring the petitioner’s merit in the SC Category, even while not qualifying the petitioner for admission into any of the course in the SC Category, as illegal, arbitrary, ultra vires the Presidential Order,1974 and Articles, 14,16 and 21 of the Constitution of India and consequently direct the 2nd respondent to admit the petitioner into the M.D. (Homeo) course in the Department of Repertory; . The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 20-07-2009 made in WPMP.No. 18917 of 2009 and upon hearing the arguments of SRI A.M.RAO, Advocate for the Petitioner and of the Govt. Pleader for Medical and Health for the respondent No.1 and of Sri D.V.Nagarjuna Babu S.C. for NTR University for the respondent No.2, the Court made the following: ORDER: The denial of admission to the petitioner and selection of respondents 3 and 4 appears to be ex-facie illegal. Though the W.P.was admitted on 20-07-2009, the respondents have not filed counter affidavit. Post on 25-11-2009 in the Motion List. If by that time, no counter affidavit is filed, it will be presumed that the respondents do not have any defence to offer. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, Medical & Health Department, State of A.P.Secretariat Buildings, Hyderabad 2. The Registrar, Dr.N.T.R.University of Health Sciences, Andhra Pradesh at Vijayawada, 3 Dr.Babu Sudheer Goud S/o.J.Veera Swamy D.No.11-2/3, Ward No.56, Behind Sadhana Public School, Aganampudi Post, Gajuwaka Mandal, Visakhapatnam District 4 Dr.S.Rekha, Vidyabharathi Enclave, H.No.365-265/14/6 ECIL, Hyderabad ( 1 to 4 by RPAD) 5.2 CCs to the G.P.for Medical and Health, High court of A.P.Hyd.(O.UT) 6. One C.C.to Sri A.M.Rao Advocate. (OPUC) 7. one spare copy. HIGH COURT LNR.J DATED 19-11-2009 POST ON 25-11-2009 IN THE MOTION LIST ORDER W.P.NO. 14426 OF 2009 DIRECTION Bsr Dt. 20-11-2009 HIGH COURT LNR.J DATED 19-11-2009 POST ON 25-11-2009 IN THE MOTION LIST ORDER W.P.NO. 14426 OF 2009 DIRECTION