IMPORTANT POINT
The Govt. of A.P. while framing A.P. Educational Institutions (Regulation of Admission) Order, 1974 made in terms of Article 371D of the Constitution of India was not bound to provide reservation for 15 of non-local seats, although reservations in terms of its policy decision had been taken in respect of seats available for local candidates.

Headnote:Constitution of India-Articles 15(4), 16(4) and 371D-A.P. Educational Institution (Regulation of Admissions) Order, 1974-Paras 2 to 8-Government of A.P. while framing Presidential Order, 1974 made in terms of Article 371D did not provide reservation for 15 of non-local seats (open seats), although reservations in terms of its policy decision had been taken in respect of 85 of seats available for local candidates-In writ petition, High Court directed the appellant to reserve seats for the reserved category for 15 open seats also-Appeal to Supreme Court-Whether the reservations in terms of Article 15(4) in favour of SC/ST/Backward classes could be provided even in respect of 15 of the unreserved seats under the Presidential Order, 1974? (No)-High Court s direction set aside-Appeal allowed.
       Held : Once it is found that reservation has been made for the reserved category candidates on the total number of seats available in each course; the High Court must be held to have committed a manifest error in issuing the impugned direction. Having regard to the fact reservation has been provided to the extent of 46 of all the seats, the question of any further reservation i.e. for the remaining 15 of the seats would not arise. (Paras 14 and 15)
       In the event, the ratio of the impugned judgment of the High Court is given effect to having regard to the limited number of seats available by providing reservation of an additional seat, principle of reservation to the extent is 50 would be violated. Furthermore, it is not for the High Court to say as to the efficacy or otherwise of the policy of the State as regard providing for reservation for the reserved category candidates and in that view of the matter the High Court, in our opinion must be held to have committed a manifest error in issuing the impugned directions, as a result whereof percentage of reservation would exceed 46 . Such a direction by the High Court is not contemplated in law. (Para 25)
       Held consequently : The impugned direction of the High Court, therefore, cannot be sustained. It is set aside accordingly. These appeals are allowed but in the facts and circumstances of the case, there shall be no order as to costs. (Paras 26 and 27)

JUDGMENT

S.B. Sinha, J.-Whether the Government of Andhra Pradesh while framing A.P. Educational Institutions (Regulation of Admissions) Order, 1974 made in terms of Article 371-D of the Constitution of India was bound to provide reservation for 15 of non-local seats, although reservations in terms of its policy decision had been taken in respect of seats available for local candidates, is the question involved in these appeals which arise out of a judgment and order dated 29-03-200 of the Full Bench of the Andhra Pradesh High Court.

2. The First Respondent herein is said to be a member of Scheduled Caste. He questioned the validity of policy decision of the State of Andhra Pradesh as regards non-reservation for Scheduled Castes, Scheduled Tribes and Backward Classes by filing a writ petition in the High Court.

3. A learned Single Judge of the Andhra Pradesh High Court by a judgment and order dated 27-10-1998 directed the appellant herein to reserve seats for the reserved category for 15 open seats also. A review application filed by the appellant herein before the learned Single Judge was dismissed. Thereafter, the appellant preferred a letters patent appeal before the Division Bench questioning the said order of the learned Single Judge. The Division Bench, however, noticing conflict in some decisions on the question referred the matter to a Full Bench on the following question:

"Whether the reservations in terms of Article 15(4) of the Constitution of India in favour of Scheduled Castes. Scheduled Tribes and Backward Classes could be provided even in respect of 15 of the unreserved seats under the Presidential Order, 1974."

4. By reason of the impugned judgment the said appeals were dismissed. The appellant is, thus, in appeal before us.

5. By reason of the Constitution 32nd Amendment Act, a special provision by way of Article 371-D of the Constitution of India was inserted in respect of the State of Andhra Pradesh relating to both employment and education; pursuant to or in furtherance whereof the President was empowered to make orders in relation thereto contained in different provisions for different parts of the State. Pursuant to or in furtherance of the said power, A.P. Educational Institution (Regulation of Admissions) Order, 1974 (hereinafter referred to as the Presidential Order) was made. The relevant provisions of the Presidential Order are as under:-

(A) Para-2 "available seats" in relation to any courses of study as number of seats provided in that course for admission at any time after excluding those reserved for candidates from outside the State. It defines "local area" in respect of any University or other educational institution as the local area specified in para 3 of the order for the purpose of admission to such University or other educational institution.

(B) Para-3 carves out the local areas by reference to the earliest Universities operating in Andhra, Telengana and Rayalaseema areas of the State, Andhra University, Osmania University and Sri Venkateswara University and delineates the district comprised in such local area.

(C) Para-4 sets out the qualifications for determining local candidates with reference to study in an educational institution or institutions for specified period or in the alternative with reference to residence in the local area.

(D) Para-5 enjoins that admission to 85 of the available seats in every course of study provided by Andhra Nagarjuna, Osmania, Kakatiya or Sri Venkateswara Universities or by educational institution other than a State wide University or State-wide educational institution which is subject to control of the State Government, shall be reserved in favour of the local candidates in relation to the local area in respect of such University or other educational institution. Sub-para (2) of this para states while determining number of seats to be reserved in favour of the local candidates under sub para (1) any fraction of seats shall be counted as one. The proviso to t

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2003 Supreme(SC) 304

Cases Referred (7)