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Judgment
This Writ Petition is filed for the following relief:
“…to issue a writ, order or direction especially one in the nature of writ of mandamus declaring that the action of the second respondent in not adopting Clause-XXIII of Rule IX of rules issued in G.O.Ms.No.155, Health Medical & Family Welfare (C1) Department dated 18.11.2021, as illegal and arbitrary.”
Mr. M. Surender Rao, learned Senior Counsel, submits that one seat in PG Medical i.e. M.S. (General Science) was vacated by B.C. “E” candidate and as such the petitioner being B.C. “B” candidate is entitled for the said seat basing on the procedure found in Clause-XXIII of Rule IX of the rules issued in G.O.Ms.No.155, Health Medical & Family Welfare (C1) Department dated 18.11.2021. But the respondent-authorities are not taking steps for conversion and thereafter, for considering the candidature of the petitioner, who is entitled for the seat belonging to B.C. “A” category as per the Clause-XXIII mentioned above.
On the other hand, Mr. A. Prabhakar Rao, learned Standing Counsel appearing for the second respondent, submits that any vacancy arising due to unfilled reserved candidate will go to non-service quota of particular category by relying on the very same rule. He submits that at any rate respondents will follow Clause-XXIII of Rule IX of the rules issued in G.O.Ms.No.155, Health Medical & Family Welfare (C1) Department dated 18.11.2021.
It is to be seen that the candidature of the petitioner is not rejected as on today. In view of the same, the second respondent-University is directed to consider the vacancy arising out of B.C. “E” category in terms of Clause-XXIII of Rule IX of the rules issued in G.O.Ms.No.155, Health Medical & Family Welfare (C1) Department dated 18.11.2021 and take action accordingly. If the petitioner is still aggrieved, he can challenge the same in accordance with law.
Accordingly, the Writ Petition is disposed of. No order as to costs.