IN THE HON'BLE HIGH COURT OF TELANGANA

AT HYDERABAD

W.P NO. OF 2023

BETWEEN:

1. Potabattuni Sai Siri Lochana D/o Sri Potabattuni Chandra Sekhar,

Age: 18 years, R/o. Kisan Street, Santhinagar Patamata,
Vijayawada, NTR District – 520 010
(Rep.by natural guardian Father i.e. Petitioner.No.2)

2. Potabattuni Chandra Sekhar, S/o. Padmanabha Rao,

Age: 51 Years, R/o. Kisan Street, Santhinagar Patamata,
Vijayawada, NTR District – 520 010.
...WRIT PETITIONER/s

AND

1. Union of India,
Rep by its Secretary,
Ministry of Law and Justice,
4th Floor, A-Wing, Shastri Bhawan,
New Delhi – 110 001. (email - [email protected])

2. The State of Telangana,

Rep by the Principal Secretary,
Department of Health, Medical & Family Welfare,
Telangana Secretariat, BRKR Bhavan,
6th Floor, D-Block, Hyderabad – 500022.
Email: [email protected]

3. National Medical Commission,

Rep by the Board of Governors through its Joint Secretary,
Pocket- 14, Sector - 8, Dwarka Phase -1,
New Delhi - 110077, INDIA. (Email: [email protected])

4. Directorate of Medical Education,

Government of Telangana
Koti, Hyderabad,
E-mail: [email protected]

5. Kaloji Narayanarao University of Health Sciences,

Rep by its Registrar,
Nizampura, Warangal, Telangana 506007.
(Email – [email protected])
 6. The State of Andhra Pradesh,
Rep by the Principal Secretary,
Department of Health, Medical & Family Welfare,
Secretariat Buildings, Velagapudi,
Guntur District, Andhra Pradesh

7. Dr YSR University
Rep by its Registrar,
Vijayawada, Krishna District. …Respondents

The address for service on the above named Petitioners is that of their
counsel Sri P.Thirumala Rao, Advocate (8365), having office at H.no.2-2-
185/56/2/A, Street no.13, C.E.Colony, Bagh Amberpet, Hyderabad, Telangana.

For the reasons stated in the accompanying affidavit, it is hereby prayed

that this Hon'ble Court may be pleased to issue a writ, order or direction more
particularly one in the nature of writ of mandamus

a) Declaring the action of the 2nd Respondent State in amending Rule 3 Sub
rule (II) clause (d) & (e) of the Telangana Medical and Dental Colleges
Admissions (Admissions into MBBS & BDS Courses) Rules, 2017, issued
vide G.O.Ms.No.72, DT: 03.07.2023, to the extent of altering the
reservation eligibility criteria stipulated for the un-reserved 15%
competent authority quota seats to non-local candidates only against
the total seats available in colleges established prior to-2nd June, 2014,
and thus excluding the 1st petitioner and depriving the 1st petitioner of
an equal opportunity of availing a seat in Medical Courses for the
academic year 2023-2024 in all Colleges in the State of Telangana as
illegal, arbitrary, discriminatory and violative of Articles 14 of the
Constitution of India and in utter contravention of Section 95 of the
Andhra Pradesh Reorganisation Act 2014 and the Andhra Pradesh
Educational Institutions Regulation of Admissions Order 1974 issued vide
G.O.P. No. 646 Education (W) Department Dated: 10-07-1979 and;

b) Declaring the action of the 2nd Respondent State in inserting and adding
a new clause namely (h) after existing clause (g) of Rule 3 Sub rule (II)
of the Telangana Medical and Dental Colleges Admissions (Admissions
into MBBS & BDS Courses) Rules, 2017, through the impugned
G.O.Ms.No.72, DT: 03.07.2023, thus providing reservation to the extent
of 100% of seats under Competent Authority Quota for local candidates
 in colleges established after 2nd June, 2014, and thus excluding and
depriving the 1st petitioner of an equal opportunity of availing a seat in
Medical Courses for the academic year 2023-2024 in all Colleges
prevailing in the State of Telangana as illegal, arbitrary, discriminatory
and violative of Articles 14 of the Constitution of India and in utter
contravention of Section 95 of the Andhra Pradesh Reorganisation Act
2014 and the Andhra Pradesh Educational Institutions Regulation of
Admissions Order 1974 issued vide G.O.P. No. 646 Education (W)
Department Dated: 10-07-1979; and

c) Declaring the action of the 2nd Respondent State in amending Rule 3 Sub
rule (III) clause (a) of the Telangana Medical and Dental Colleges
Admissions (Admissions into MBBS & BDS Courses) Rules, 2017, through
the impugned G.O.Ms.No.72, DT: 03.07.2023, accordingly reserving
85% competent authority quota seats to the local candidates and 15%
to non-local candidates against the total seats available in colleges
established prior to-2nd June, 2014, and thus excluding and depriving
the 1st petitioner of an equal opportunity of availing a seat in Medical
Courses for the academic year 2023-2024 in all the existing Colleges in
the State of Telangana as illegal, arbitrary, discriminatory and violative
of Articles 14 of the Constitution of India and in utter contravention of
Section 95 of the Andhra Pradesh Reorganisation Act 2014 and the
Andhra Pradesh Educational Institutions Regulation of Admissions Order
1974 issued vide G.O.P. No. 646 Education (W) Department Dated: 10-
07-1979 and;

d) Declare the NEET prospectus & notification DT: 06.07.2023, issued by

the 5th respondent University in consequence to the impugned
G.O.Ms.No.72, as illegal, without jurisdiction and in gross disobedience
of the judgments passed by the Hon’ble High Court; and consequently
quash/set aside G.O.Ms.No.72, DT: 03.07.2023 issued by the 2nd
respondent and also the prospectus & notification DT: 06.07.2023 issued
by the 5th respondent, and;

e) Consequently direct the 2nd and 5th respondents to implement the

reservation eligibility criteria in the State of Telangana, in the matter of
admission into NEET MBBS & BDS Courses for the academic year 2023-
24, by allowing the 1st petitioner to participate in the registration and
counselling process as per the Andhra Pradesh Educational Institutions
Regulation of Admissions Order 1974 issued vide G.O.P. No. 646
Education (W) Department Dated: 10-07-1979 and G.O.Ms. No.114,
HM&FW, DT: 05-07-2017 and all other allied State Government
 instructions framed in consonance with Article 371-D of the Constitution
of India, and also in terms of Section 95 of THE ANDHRA PRADESH
REORGANISATION ACT, 2014, and also in terms of the judgments
passed by the Hon’ble High Court; and

f) and further be pleased to pass any such other further order or orders as
deemed fit and proper in the circumstances of the case.

Place: Hyderabad
DATE: .07.2023 Counsel for the Petitioners
 IN THE HON'BLE HIGH COURT OF TELANGANA
AT HYDERABAD

W.P NO. OF 2023

BETWEEN:

1. Potabattuni Sai Siri Lochana D/o Sri Potabattuni Chandra Sekhar,

Age: 18 years, R/o. Kisan Street, Santhinagar Patamata,
Vijayawada, NTR District – 520 010
(Rep.by natural guardian Father i.e. Petitioner.No.2)

2. Potabattuni Chandra Sekhar, S/o. Padmanabha Rao,

Age: 51 Years, R/o. Kisan Street, Santhinagar Patamata,
Vijayawada, NTR District – 520 010.
...WRIT PETITIONER/s

AND

1. Union of India,
Rep by its Secretary,
Ministry of Law and Justice,
4th Floor, A-Wing, Shastri Bhawan,
New Delhi – 110 001. (email - [email protected])

2. The State of Telangana,

Rep by the Principal Secretary,
Department of Health, Medical & Family Welfare,
Telangana Secretariat, BRKR Bhavan,
6th Floor, D-Block, Hyderabad – 500022.
Email: [email protected]

3. National Medical Commission,

Rep by the Board of Governors through its Joint Secretary,
Pocket- 14, Sector - 8, Dwarka Phase -1,
New Delhi - 110077, INDIA. (Email: [email protected])

4. Directorate of Medical Education,

Government of Telangana
Koti, Hyderabad,
E-mail: [email protected]

5. Kaloji Narayanarao University of Health Sciences,

Rep by its Registrar,
Nizampura, Warangal, Telangana 506007.
(Email – [email protected])
 6. The State of Andhra Pradesh,
Rep by the Principal Secretary,
Department of Health, Medical & Family Welfare,
Secretariat Buildings, Velagapudi,
Guntur District, Andhra Pradesh

7. Dr YSR University of Health Sciences

Rep by its Registrar,
Near Ramavarappadu, Vijayawada,
Andhra Pradesh 520008. …Respondents

AFFIDAVIT

I, Potabattuni Chandra Sekhar, S/o. Padmanabha Rao, Age: 51 Years,

R/o. Kisan Street, Santhinagar Patamata, Vijayawada, NTR District – 520 010,
having temporarily comedown to Hyderabad and do hereby solemnly affirm
and state as follows:

1. I am the Petitioner.No.2 herein and as such I am well acquainted with

facts of the case. I am deposing this affidavit on behalf of the 1st
petitioner as well. That the Petitioner.No.1 is none-other than my
daughter. I am authorized and competent to depose the present affidavit
as a natural guardian of Petitioner No.1 and I have interest over her
career and well-being.

2. I humbly submit that the present Writ Petition is filed, challenging the
G.O.Ms.No.72 dated 03.07.2023 issued by Respondents 2 & 5 in
allocating the 100% seats under 'Competent Authority Quota' to only
students of Telangana State as against the object and intent of Article
371 D, as highly-illegal, Arbitrary, irregular, irrational, violation to the
Andhra Pradesh Reorganization Act, 2014 apart from violative of Articles
14 and 21 of the Constitution of India, 1950 and consequently set aside
the amendment i.e., Rule 3(II)(h) of the Telangana Medical and Dental
Colleges Admissions (Admissions into MBBS & BDS Courses) Rules, 2014
 introduced vide G.O.Ms.No.72 dated 03.07.2023 and Pass such other
order or orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
3. It is humbly submitted that Article 371-D of the Constitution of India is
substituted by the Andhra Pradesh Reorganisation Act, 2014( 6 of 2014),
Section 97, with an objective extending equitable opportunities and
facilities for the people belonging to the different parts of such State, in
the matter of public employment and in the matter of education, and
different provisions may be made for various part of the States. As the
things stood thus, Telengana State had framed the rules by an order
vide G.O.Ms.No.114 HM&FW(C1) Dept. Dated: 5-7-2017 and
implemented from 2014 till the year 2022 including for the colleges
established even after 2014, in accordance with the Article 371-D.
Whereas, the impugned amendment is in violation to the Article 371-D
and contradiction to the section. 95 of the AP Reorganization Act, 2014
and students/medical aspirants from Andhra Pradesh would be deprived
from getting equal opportunities for quality higher education to all
students.
4. I humbly submit that the National Medical Commission (NMC) i.e.
Respondent.No.2 herein has been constituted by an act of Parliament
known as National Medical Commission Act, 2019 which came into force
on 25.9.2020 by gazette notification dated 24.9.2020. The Board of
Governors in supersession of Medical Council of India constituted under
section 3A of the Indian Medical Council Act, 1956 stands dissolved
thereafter. The Aim of the National Medical Commission i.e.
Respondent.No.2 are to (i) improve access to quality and affordable
medical education, (ii) ensure availability of adequate and high quality
medical professionals in all parts of the country; (iii) promote equitable
and universal healthcare that encourages community health perspective
and makes services of medical professionals accessible to all the citizens;
(iv) encourages medical professionals to adopt latest medical research
in their work and to contribute to research; (v) objectively assess
 medical institutions periodically in a transparent manner; (vi) maintain
a medical register for India; (vi) enforce high ethical standards in all
aspects of medical services; (vii) have an effective grievance redressal
mechanism.
5. It is humbly submitted that the National Medical Commission (NMC) i.e.
Respondent.No.2 herein has issued notification for NATIONAL
ELIGIBILITY-CUM-ENTRANCE TEST (NEET) for admissions to the UG
Medical Courses in all medical institutions across India. That the
registration process commenced way back from 06 March 2023 to 15
April 2023. Thereafter, the admit cards were issued on 04 May 2023 to
all candidates who are eligible for the said examination including to the
Petitioner.No.2 herein. The Examination was conducted on 07 May 2023.
That the results of the same were released on 13 June 2023. Thereafter,
all the students were eagerly waiting for the counselling process to be
started. At this juncture, the government of Telangana has abruptly
issued the present impugned G.O.Ms.No.72 HM & FW Department,
dated 03.07.2023 under the guise and recommendation/s made by the
Respondent.No.8 herein. That the said 'time and juncture' at which this
G.O.Ms.No.72 HM & FW Department, dated 03.07.2023 was issued
raises many suspicions and malafides on the part of the
Respondent.No.4 to Respondent.No.8. by virtue of this impugned
G.O.Ms.No.72 HM & FW Department, dated 03.07.2023, the
Government of Telangana has made amendment/s to the Rule 3
Clause (i) Sub-Rule (II) Clause (d) & (e) of the Telangana
Medical and Dental Colleges Admissions (Admissions into MBBS
& BDS Courses) Rules, 2014 and introduced the new provision
Rule 3(II)(h) of the Telangana Medical and Dental Colleges
Admissions (Admissions into MBBS & BDS Courses) Rules,
2014.
6. It is humbly submitted that the Petitioner.No.1 herein has completed her
10+2 education in the year 2022 with exceptional academic
performance. Petitioner. No. 2 got 343 marks in NEET 2022. As the
 Petitioner. No. 1 is having a life ambition to become a doctor, she had
taken long term coaching and appeared in the NEET 2023 examination,
got 544 marks and secured an All-India Rank (AIR) of 68913. That the
Petitioner.No.1 herein has always been an enthusiastic and dedicated
student, eagerly awaited admission to medical colleges/universities and
intend to apply for counseling in Telangana. To the profound dismay,
the Government of Telangana, driven by ulterior motives to discriminate
against students hailing from Andhra Pradesh, has ostensibly
enacted/issued G.O.Ms.No.72 HM & FW Department, dated 03.07.2023.
This pernicious government order, promulgated through a colorable
exercise of rule-making powers, reserves 100% of seats under the
Competent Authority/Quota in medical colleges established subsequent
to 02.06.2014, the date of Telangana State's formation, exclusively for
local candidates of Telangana. That the new provision Rule 3(II)(h) of
the Telangana Medical and Dental Colleges Admissions (Admissions into
MBBS & BDS Courses) Rules, 2014 are as follows:

"(h) In colleges established after 2nd June, 2014, 100% of seats

under Competent Authority Quota are reserved for local
candidates and all applicable reservations shall be
implemented...".

7. It is humbly submitted that the impugned government order reserves

100% of seats under the 'Competent Authority Quota' in medical
colleges established after 02.06.2014 solely for 'local candidates' of
Telangana. This discriminatory reservation policy not only violates
Section 95 and other provisions of the Andhra Pradesh Reorganization
Act, 2014 but also infringes upon the fundamental rights and
constitutional safeguards. The exercise of such unilateral decision by
the Government of Telangana is a blatant disregard for the principles of
fairness, equality, and meritocracy. It effectively denies students like the
Petitioner.No.1 herein an equal opportunity to pursue the chosen
profession based on her hard work and academic performance.
8. It is humbly submitted that the impugned government order, through
its arbitrary, illegal, and unconstitutional disposition, not only
contravenes Section 95 of the Andhra Pradesh Reorganization Act, 2014,
but also constitutes a glaring violation of fundamental rights and
constitutional safeguards. It is imperative to underscore that the
colorable exercise of rule-making power by the Government of
Telangana, which unfoundedly bestows 100% reservation in medical
colleges, is bereft of any reasonable basis or legitimate purpose. Instead,
it flagrantly disregards the principles of fairness, equality, and
meritocracy that are intrinsic to a just and equitable education system.
The pernicious reservation policy, as propounded by the Government of
Telangana, renders the aspirations of students like the Petitioner.No.2
herein, who have diligently toiled and excelled academically, as futile,
and inconsequential. Such an insidious policy, founded on parochial
considerations, effectively obliterates the opportunity for deserving
students to pursue their chosen profession based on merit and individual
capabilities.
9. In the year 2018, the Hon’ble High Court of Andhra Pradesh directed the
State Government of Telangana to implement the Presidential Order
made under Article 371-D while holding that – Applying the Presidential
Order, to this 50% State quota seats, would obligate the State
Government to set apart 15% thereof as unreserved seats which would
be available to be filled up with students from any of the four categories
mentioned in Para - 11 of G.O.P. No.646 dated 10.07.1979. Suffice it,
therefore, to hold that, such of the petitioners who do not satisfy the
requirements of being a local candidate under the Presidential Order but
satisfy any one of the criteria specified in Para - 11 of G.O.P. No.646
dated 10.07.1979, shall be considered for admission with respect to the
15% unreserved seats, under the 50% State quota, as are required to
be earmarked in terms of the Presidential Order.
10. It is humbly submitted that in the face of this affront to justice, the
petitioners herein have resolutely approached this Hon'ble Court,
seeking solace and recourse from the arbitrary and discriminatory policy
imposed upon the petitioner.no.1 herein and others similarly situated.
The impugned government order, with its inherent flaws, jeopardizes
not only the dreams and aspirations but also the overarching principles
of fairness and equality that are fundamental to our constitutional spirit.
It is the avid submission that this Hon'ble Court, cognizant of the grave
injustices perpetrated by the impugned government order, may exercise
its constitutional prerogative to strike it down, thereby restoring balance,
fairness, and meritocracy in the admission process for medical colleges.

11. It is humbly submitted that the said reservation, as prescribed by GoMS

No.72, is in violation of the fundamental rights guaranteed under Article
14 of the Constitution of India. Article 14 mandates that the State shall
not deny any person equality before the law or equal protection of the
laws within the territory of India. By reserving 100% of seats for local
candidates, the Respondent's order creates an unjustifiable distinction
between local and non-local candidates, thereby denying the latter equal
opportunity and protection of the laws. It is further submitted that
impugned amendment is an afterthought and against the doctrine of
estoppel, wherein the Government of Telengana has changed the goal
post after writing the exam, which is contrary to the laws and applicable
rules and regulations as on the date of exam.

12. The Petitioner further contends that the reservation of 100% of seats
for local candidates also contravenes the special provisions laid down
under Article 371(D) of the Constitution of India. Article 371(D)
recognizes the need for special provisions with respect to the states of
Andhra Pradesh and Telangana and aims to safeguard the interests of
different regions and local candidates. However, the absolute
reservation introduced by GoMS.No.72 goes beyond the permissible
limits set forth in Article 371(D), as it completely excludes non-local
 candidates from consideration for admission under the 'Competent
Authority' Quota. Additionally, it is further contended before this Hon'ble
Court that the said reservation is inconsistent with the provisions of the
AP Reorganisation Act, 2014. The Act was enacted to provide for the
reorganization of the state of Andhra Pradesh, and Section 95 of the said
Act specifically preserves the special provisions in force prior to the
reorganization. The amendment introduced by GoMS.No.72, by
overriding the existing provisions in Rule 3 Clause (i) Sub-Rule (II)
Clause (d) & (e) of the Telangana Medical and Dental Colleges
Admissions (Admissions into MBBS & BDS Courses) Rules, 2014 and
introducing a blanket reservation for local candidates basis the proposal
of Registrar, Kaloji Narayana Rao University of Health Sciences,
Telangana , contravenes the intent and spirit of the AP Reorganisation
Act, 2014 and the same is beyond the powers and authorization of
Registrar, Kaloji Narayana Rao University of Health Sciences, Telangana.

13. It is humbly submitted consequent to the issuance of G.O.Ms.No.72

dated 03.07.2023 issued by Respondent.No.4, the Respondent.No.8
herein has issued an impugned Prospectus/Regulations (For MBBS/BDS
Courses for the academic year 2023-2024 under Competent authority
quota) dated 06.07.2023. On a bare reading of this impugned
Prospectus/Regulations, the following regulations are to be examined:

"...2.3 Admissions shall be in accordance with

G.O.Ms.No.114 HM&FW(C1) Dept. Dated: 5-7-2017
subsequent amendments, G.O.Ms.No. 125, Health, Medical
and Family Welfare (Cl) Department Dated: 22.09.2022,
G.O.Ms.No. 33, Tribal Welfare Department,
dated.30.09.2022, G.O.Ms.No.72 HM&FW(C1) Dept.
Dated: 3-7-2023 G.O.Ms.No.75 HM&FW(C1) Dept. Dated:
4-7-2023 and relevant Hon'ble Supreme Court/High Court
orders.

2.4 Nonlocal candidates are eligible for 15% Unreserved

seats only (in colleges established before 02-06-2014).
Local candidates are also eligible for 15% Unreserved seats
along with 85% seats reserved for Local area. In colleges
 established after 02-06-2014 (after formation of Telangana
State), 100% of seats under Competent Authority Quota
are reserved for local candidates (G.O.Ms.No. 72 HM & FW
Department, dated. 03.07.2023).

IMPORTANT NOTE: Candidates who are domiciles of

other States are not eligible unless they fulfill one of the
conditions mentioned below to be eligible to admission
under Unreserved quota.

3.5 In colleges established after 2nd June 2014, 100% of

Competent Authority Quota seats shall be reserved for local
candidates ( OU area ) only.

Note: Candidates from other states who do not fulfil the

above criteria are not eligible for admissions under
Competent Authority Quota...."

14. It is humbly submitted that as per the said prospectus/regulations, the

Availability of online Application and uploading of certificates starts from
08.00 A.M. on 07-07-2023 to 6.00 P.M. on 14-07-2023. Further, the Date
of release of provisional final merit list after verification of certificates is
yet to be notified. In the light of the above said legal preposition against
the impugned GoMS.No.72, the consequently issued impugned
Prospectus/Regulations (For MBBS/BDS Courses for the academic year
2023-2024 under Competent authority quota) dated 06.07.2023 is also
liable to be set-aside.

15. It is humbly submitted that the section. 2.3 of impugned Prospectus had
issued in accordance with G.O.Ms.No.114 HM&FW(C1) Dept. Dated: 5-
7-2017 subsequent amendments, G.O.Ms.No. 125, Health, Medical and
Family Welfare (Cl) Department Dated: 22.09.2022, G.O.Ms.No. 33,
Tribal Welfare Department, dated.30.09.2022, G.O.Ms.No.72
HM&FW(C1) Dept. Dated: 3-7-2023 G.O.Ms.No.75 HM&FW(C1) Dept.
Dated: 4-7-2023 and relevant Hon'ble Supreme Court/High Court order,
whereas G.O.Ms.No.72 HM&FW(C1) Dept. Dated: 3-7-2023 is in
violation of Article 371-D of the Constitution of India. It is humbly
submitted that under the new amendments, all 85% seats within the
 quota previously designated for local students will now be exclusively
reserved for students from Telangana debarring the students of Andhra
Pradesh. The remaining 15% central pool seats will remain unchanged,
available for students from all over the country, including Telangana and
Andhra Pradesh, based on merit. This revision will result in an additional
520 medical seats becoming accessible to students from Telangana
debarring the students of Andhra Pradesh. Before the formation of the
state in 2014, there were 20 medical colleges in the state of Telangana.
Currently, Telangana has a total of 56 medical colleges for the academic
year 2023-2024. The latest amendment/s as per G.O.Ms.No.72 dated
03.07.2023 will be applicable to the 36 medical colleges (26 government
and 30 private) established after the state’s formation. Similarly, the
number of MBBS seats has increased from 2,850 before 2014 to 8,340,
with an addition of 5,490 seats over the past decade, 85% of which will
be available for local students (OU Region Students) i.e., Telangana
Students.
16. It is respectfully submitted that the Government of Telangana and the
State agencies, with an ulterior motive have issued the impugned
G.O.Ms.No.72 dated 03.07.2023. That these amendments were
proposed by the Registrar of Kaloji Narayana Rao University of Health
Sciences, Telangana vide Lr.No.12010/ Admissions/KNRUHS/2023 dated
26.06.2023. It is further contended that the Respondent University
cannot be said to be a 'competent authority' to determine the actions
and policies of the Respondent.No.4. On a bare perusal of the
G.O.Ms.No.72 dated 03.07.2023, it can be asserted that the entire sum
and substance of this Government order takes a cushion/shelter of this
impugned letter issued by the Registrar of Kaloji Narayana Rao
University of Health Sciences, Telangana vide
Lr.No.12010/Admissions/KNRUHS/2023 dated 26.06.2023. That the
same is not placed on the public domain for the best reasons known to
them.
 17. It is humbly submitted that, the Petitioner/s herein had made all the
submissions depending upon the material available through this present
writ affidavit, however, the petitioners herein reserve the right to file
additional grounds, affidavits, memos if necessary. That the other
grounds maybe urged at the time of hearing.

18. It is humbly submitted that the petitioner herein has no other alternative
remedy except to approach this Hon’ble Court invoking the jurisdiction
in its extraordinary jurisdiction under Article 226 of the Constitution of
India.

19. I have not filed any suit or Writ or any proceedings before any court or
Tribunal nor any Writ or suit is pending before any court or Tribunal
seeking the relief sought for in this Writ Petition.

PRAYER

It is therefore prayed that this Hon’ble Court may be pleased to to issue a writ,
order, or direction more particularly one in the nature of WRIT OF MANDAMUS

a) Declaring the action of the 2nd Respondent State in amending Rule 3 Sub
rule (II) (d) & (e) of the Telangana Medical and Dental Colleges
Admissions (Admissions into MBBS & BDS Courses) Rules, 2017, through
the impugned G.O.Ms.No.72, DT: 03.07.2023, to the extent of altering
the reservation eligibility criteria stipulated for the un-reserved 15%
competent authority quota seats to non-local candidates only against
the total seats available in colleges established prior to-2nd June, 2014,
and thus excluding and depriving the 1st petitioner of an equal
opportunity of availing a seat in Medical Courses for the academic year
2023-2024 in all Colleges in the State of Telangana as illegal, arbitrary,
discriminatory and violative of Articles 14 of the Constitution of India and
in utter contravention of Section 95 of the Andhra Pradesh
Reorganisation Act 2014 and the Andhra Pradesh Educational
Institutions Regulation of Admissions Order 1974 issued vide G.O.P. No.
646 Education (W) Department Dated: 10-07-1979 and;
b) Declaring the action of the 2nd Respondent State in inserting and adding
a new clause namely (h) after existing clause (g) of Rule 3 Sub rule (II)
of the Telangana Medical and Dental Colleges Admissions (Admissions
into MBBS & BDS Courses) Rules, 2017, through the impugned
G.O.Ms.No.72, DT: 03.07.2023, thus providing reservation to the extent
of 100% of seats under Competent Authority Quota for local candidates
in colleges established after 2nd June, 2014, and thus excluding and
depriving the 1st petitioner of an equal opportunity of availing a seat in
Medical Courses for the academic year 2023-2024 in all Colleges
prevailing in the State of Telangana as illegal, arbitrary, discriminatory
and violative of Articles 14 of the Constitution of India and in utter
contravention of Section 95 of the Andhra Pradesh Reorganisation Act
2014 and the Andhra Pradesh Educational Institutions Regulation of
Admissions Order 1974 issued vide G.O.P. No. 646 Education (W)
Department Dated: 10-07-1979; and

c) Declaring the action of the 2nd Respondent State in amending Rule 3 Sub
rule (III) clause (a) of the Telangana Medical and Dental Colleges
Admissions (Admissions into MBBS & BDS Courses) Rules, 2017, through
the impugned G.O.Ms.No.72, DT: 03.07.2023, accordingly reserving
85% competent authority quota seats to the local candidates and 15%
to non-local candidates against the total seats available in colleges
established prior to-2nd June, 2014, and thus excluding and depriving
the 1st petitioner of an equal opportunity of availing a seat in Medical
Courses for the academic year 2023-2024 in all the existing Colleges in
the State of Telangana as illegal, arbitrary, discriminatory and violative
of Articles 14 of the Constitution of India and in utter contravention of
Section 95 of the Andhra Pradesh Reorganisation Act 2014 and the
Andhra Pradesh Educational Institutions Regulation of Admissions Order
1974 issued vide G.O.P. No. 646 Education (W) Department Dated: 10-
07-1979 and;

d) Declare the NEET prospectus & notification DT: 06.07.2023, issued by

the 5th respondent University in consequence to the impugned
G.O.Ms.No.72, as illegal, without jurisdiction and in gross disobedience
of the judgments passed by the Hon’ble High Court; and consequently
quash/set aside G.O.Ms.No.72, DT: 03.07.2023 issued by the 2nd
respondent and also the prospectus & notification DT: 06.07.2023 issued
by the 5th respondent, and;
 e) Consequently direct the 2nd and 5th respondents to implement the
reservation eligibility criteria in the State of Telangana, in the matter of
admission into NEET MBBS & BDS Courses for the academic year 2023-
24, by allowing the 1st petitioner to participate in the registration and
counselling process as per the Andhra Pradesh Educational Institutions
Regulation of Admissions Order 1974 issued vide G.O.P. No. 646
Education (W) Department Dated: 10-07-1979 and G.O.Ms. No.114,
HM&FW, DT: 05-07-2017 and all other allied State Government
instructions framed in consonance with Article 371-D of the Constitution
of India, and also in terms of Section 95 of THE ANDHRA PRADESH
REORGANISATION ACT, 2014, and also in terms of the judgments
passed by the Hon’ble High Court; and

f) further be pleased to pass any such other further order or orders as

deemed fit and proper in the circumstances of the case.

INTERIM PRAYER

It is most humbly prayed that this Hon’ble Court may be pleased to grant STAY
ON THE OPERATION of GOMs.No.72 dated 03.07.2023 issued by the
Respondent.No.4, and the consequential proceedings Prospectus/Regulations
issued by the 5th Respondent University (For MBBS/BDS Courses for the
academic year 2023-2024 under 'Competent authority quota') dated
06.07.2023 pending disposal of the main Writ Petition and pass such other
order or orders as this Hon’ble Court may deem fit and proper in the
circumstance of the case.

Sworn and signed before me on this

__ day of ________ month, 2023, at Hyderabad
DEPONENT

BEFORE ME
 ADVOCATE∷ Hyderabad

VERIFICATION STATEMENT
I, Potabattuni Chandra Sekhar, S/o. Padmanabha Rao, Age: 51 Years, R/o.
Kisan Street, Santhinagar Patamata, Vijayawada, NTR District – 520 010,
having temporarily comedown to Hyderabad, being the deponent and well
acquainted with the facts of the case, do hereby declare that the contents
contained in the above grounds are true to the best of personal knowledge,
information and belief and are based on legal advice which I believe to be true
and correct. Neither suppression of material facts nor any falsehood is stated.

ADVOCATE DEPONENT
 IN THE HON'BLE HIGH COURT OF TELANGANA :: AT HYDERABAD
W.P.No. OF 2023
RUNNING INDEX

Date of Date of Pg.No

S.No. Exhibits Description of Documents
Document Filing

1. Service Certificate
2. Court fee -do- -do-
3. Writ petition -do- -do-
4. Annexure I & II -do- -do-
5. Affidavit -do- -do-

6. P1 Copy of the GOMs.No.72 03.07.2023 -do-

Copy of the Prospectus/Regulations (For

MBBS/BDS Courses for the academic
7. P2 06.07.2023 -do-
year 2023-2024 under Competent
authority quota)

8. P3 Copy of the GOMs.No.114 05.07.2017 -do-

Copy of the 10th Certificate, XIIth

9. P4 -do-
Certificate

10. P5 Copy of the ADMIT CARD of NEET (UG) -do-

11. P6 Copy of the RESULT/SCORE Card 13.06.2023 -do-

Copy of the Relevant Provisions of AP

12. P7
Reorganisation Act, 2014

Copy of the Article 371(D) of the

13. P8
Constitution of India, 1950.

Copy of the Section 5 of the General

14. P9
Clauses Act
VAKALATH -do-

Respondents Address -do- -do-

Hyderabad
DATE : COUNSEL FOR THE PETITIONER/s