IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO.1270 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24.09.2008 in W.P.NO.16657 OF 2008 on the ﬁle of the High Court.) Between: DR. Yelluri Sudha Rani, S/o. Sri Y. Satti Raju, R/o. 302, Kalyan Gardens, Maharanipeta, Visakhapatnam. ...APPELLANT AND 1 Dr. Mrs. Sepuri Madhuri, Do. Dr. S. Satyamurthy, Andhra Medical College, Visakhapatnam. 2 Dr.N.T.R.University of Health Sciences, Andhra Pradesh, Vijayawada, Rep.by its Registrar. 3 The State of Andhra Pradesh, Health, Medical and Family Welfare Department, Rep.by its Principal Secretary to Government of Andhra Pradesh, Secretariat, Andhra Pradesh, Hyderabad. ...RESPONDENTS Counsel for the Appellant: MR.G.RAVI MOHAN Counsel for the Respondents: DR.K.LAKSHMI NARASIMHA MR.D.V.NAGARJUNA BABU MR.S.NIRANJAN REDDY GP FOR MEDICAL HEALTH AND FAMILY WELFARE The Court delivered the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R.KANTHA RAO WRIT APPEAL NO.1270 of 2008 JUDGMENT: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri G.Ravi Mohan, learned counsel for the petitioner and Dr.K.Lakshmi Narasimha, Sri D.V.Nagarjuna Babu, Sri S.Niranjan Reddy, learned Standing Counsel for UCIL, for the respondents. We gave a notice to the Medical Council of India and accordingly, Sri S.Niranjan Reddy, learned Standing Counsel appeared. Having considered the submissions made and also in view of the peculiar situation arising in between the two contesting candidates, especially having regard to the fact that the petitioner’s selection would not possibly said to be contrary to the Regulation, which in fact stated to run contrary to the Rules governed and in such case, it is only the Medical Council to come forward for solving the problem. Having regard to the said situation, either way, both the candidates cannot be denied the admissions. Hence, we are not going into the merits as such in view of the reasons as stated and we deem it more appropriate to direct the Medical Council to take into consideration the peculiar circumstance of the case and come forward with an additional seat. We direct the University to take all the appropriate steps and grant permissions as may be necessary for creation of an additional seat for this academic year i.e., 2008-09, as sought for forthwith. Subject to the above, the Writ Appeal is disposed of. No costs. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 11th November 2008 Note: CC in two days B/O RRB