S.RAVINDRA BHAT, J. - (1.) With consent of learned counsel for the parties, the appeal was heard finally.
(2.) The Kaloji Narayana Rao University of Health Sciences (hereafter variously referred to as "the University" or "the appellant") appeals a decision of the Telangana High Court[1] in W.P. No.23953/2020 which had allowed a writ petition preferred by the respondent (hereafter referred to as "the student"). The respondent student had sought a direction declaring the action of the University in treating her as ineligible for admission to the MBBS Course for the academic year 2020-21, as illegal. The facts necessary for decision are few; the student had applied, pursuant to a notification issued by the University on 30.11.2020 for admission into the management quota for NRI candidates for the MBBS/BDS course during the ac- ademic year (AY) 2020-21. The student had applied for admission to the MBBS course. The University published a list on 12.12.2020 containing the respondent student's name, clarifying that she had not furnished proof of study of Biological Science subject in the qualifying examination (10+2 or equivalent). The respondent student then secured a letter from the Consulate General of India in New York, stating that she had successfully completed the 12th grade from one Conrad High School, West Hartford, Connecticut and that it was equivalent to the Pre-University (Two Year Course) New Intermediate University and the 12-year Senior Secondary Board Examination Certificate of India. On 23.12.2020, the University issued a notification seeking web option for the second round of online counselling for admission to the MBBS/BDS seats in the management quota for AY 2020-21. [1] Dated 31.12.2020
(3.) The student approached the High Court on 24.12.2020 and besides relying upon the certificate/letter issued by Conrad High School, she also relied upon a certificate issued by the Telangana State Board of Intermediate Education dated 23.12.2020, which declared the equivalence and informed that the 12th class/senior secondary examination of the West Hartford Board of Education, Connecticut USA was equivalent to the Intermediate Examination conducted by the Telangana State Board of Intermediate Education. The student applied for an interim order and was permitted to participate in the counselling process conducted for the remaining seats without prejudice to the parties' rights. Thereafter, the University filed an application for vacation of the interim order, made its position clear and spelt out why according to it, the respondent student was ineligible.;