Yaparla Venkata Ratnalu vs. The State Of Andhra Pradesh

Held

The Court held that the three-year bar under Rule 10(x)(B)(ii) of the 1997 Rules should be calculated from the date the petitioner sought withdrawal from the allotted seat, which was March 15, 2019. The Court relied on a previous judgment (W.P.No.19424 of 2023) which clarified that the three-year bar operates from the date of withdrawal for candidates who have joined a seat and subsequently withdrawn, as opposed to candidates who have not joined at the initial stage. Since the three-year period from March 15, 2019, had elapsed by the time of the current admission session, the petitioner was no longer ineligible. The University was directed to treat the petitioner as eligible and consider her for the third phase of counselling for the Post Graduate Course, and thereafter permit her to participate in the mop-up round of counselling.

Facts

The petitioner sought admission to a Post Graduate Course for the 2023-2024 session. She had previously been admitted to a Post Graduate Course in Microbiology in 2019 but withdrew on March 15, 2019, upon being appointed as a Civil Assistant Surgeon. She paid a penalty of Rs. 3,00,000/- and stipend of Rs. 2,49,315/- in 2019, but the 18% GST of Rs. 54,000/- was paid in 2021. The respondents, including the University, deemed her ineligible for the current session due to a three-year bar under Rule 10(x)(B)(ii) of the Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997, calculating the bar from the date of final payment in 2021. The petitioner challenged this ineligibility.

Key Issues

1. Whether the three-year bar under Rule 10(x)(B)(ii) of the Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997, is to be calculated from the date of withdrawal from the Post Graduate Course or from the date of final payment of all dues, including GST. Petitioner's contention: The petitioner argued that the bar should be calculated from the date of withdrawal from the course, which was March 15, 2019. She relied on the principle that the period of ineligibility should commence when the action triggering the bar (withdrawal) occurred. Respondents' contention: The Standing Counsel for the University argued that the three-year bar should be calculated from the date when the petitioner finally paid all outstanding amounts, including the GST, which was in 2021. This interpretation would render her ineligible for the 2023-2024 session and eligible only for 2024-2025.