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Judgment
(per the Hon’ble the Acting Chief Justice P.Sam Koshy)
Heard Sri Gopala Rao Amancharla V, learned counsel appearing for the petitioner and Sri T. Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences, appearing for respondent No.2.
The petitioner in the instant case contends that he was found eligible for admission into MBBS course at the first round of counselling and was allotted seat in Mahavir Institute of Medical Sciences, Vikarabad, Ranga Reddy District. However, on account of the difficulty that his parents faced in arranging the required fees for admission within the short period of time, he could not appear himself before the authorities concerned and as such, he has sent an email to the respondents, which has been orally rejected citing G.O.Ms.No.125, dated 22.09.2022.
Learned counsel for the petitioner submits that now that there are certain stray vacancies that have arisen and the petitioner’s parents have also been in a position to arrange the finances. If the respondents consider the case of the petitioner against any of the stray vacancies that are left, the petitioner’s career could be shaped accordingly. He further submits that the petitioner may be accommodated either in the same institute or any other institution, where there is a vacancy.
In this factual background, the fact remains that the petitioner is the one who has cleared the NEET UG exam and was also found meritorious in the first round of counselling and was allotted seat in Mahavir Institute of Medical Sciences, Vikarabad, which the petitioner could not join for the compelling reasons stated above. The petitioner has not caused any loss to the respondents by way of blocking the seat or wasting the seat that was allotted to him. The seat which was allotted to him has gone to the next meritorious candidate. Therefore, there is a slight distinction in so far as G.O.Ms.No.125, dated 22.09.2022, between a selected candidate and a candidate who has taken the admission and then dropped out from the course.
In view of the same, taking the strength from the judgments of this Court in W.P.No.30573 of 2026, dated 14.10.2026, and also W.P.No.36206 of 2026, dated 26.10.2026, and taking into consideration the peculiar facts narrated in the preceding paragraphs, we are inclined to allow the Writ Petition with a direction to the respondents to consider the case of the petitioner as well without disqualifying him by invoking G.O.Ms.No.125, dated 22.09.2022, against the additional stray vacancies that have now been cropped up or likely to be cropped up. The order, dated 24.09.2026, passed by respondent No.2-University is set aside to the limited extent.
Accordingly, the Writ Petition is allowed. It is made clear that this order shall not be taken as a precedent for another candidate. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.