Andhra Pradesh High Court
Judges : GHULAM MOHAMMED, GODA RAGHURAM, J.CHELAMESWAR
Md.Abdul Azeez Asad - Appellant
Versus
State OF A.P. rep.by its Principal Secretary to Govt, Health Medical and Family Welfare Department - Respondent
Decided On : 04-21-05
Constitution of India,1950 – Articles 371 -D , 309,16 (3),15 (3) 16 14 and 15 - Public employment (Requirement as to Residence) act, 1957 - Section 3 - Persons with Disabilities (Equal opportunities, Protection of Rights and Full participation) Act, 1995 - Sections 39, 2 (i) - Punjab Re-Organisation Act, 1966 - Section 84 - Andhra Pradesh Educational institutions (Regulation of admissions and Prohibition of Capitation Fee) Act, 1983 – Sections 3, 3 (2), 15 and 12 - Complimentary annual event - Graduate Medical education – College - Sought stay of scheduled to be conducted - Professional courses admissions time in State - Inevitably it is time for complimentary annual event - Challenges to admission programmes to professional courses of study - Accommodation of numerous competing and conflicting claims to special treatment and opportunities for admissions to higher courses of professional studies engender very complex adjustments for accommodating several sectoral interests - Litigation has thus become - Latest conflict in this area is presented conflict has a legal disposition proceed to adjudicate - Batch of cases includes five writ petitions - W. P. Nos. and W. A. No - Appeal is directed against an interlocutory order of a learned single Judge of this Court rejecting w. P. M. P. No. in W. P. No. wherein the appellants-writ petitioners sought stay of scheduled to be conducted petitioners are Medical graduates desirous of pursuing Post- graduate Medical education. The N. T. R. University of Health Sciences by the notification notified process of admissions to Postgraduate Medical Degree and Diploma courses for the academic – Held, Appellant fully knew under the terms of advertisement that commission had reserved to itself power to relax any of essential qualifications - Appellant is precluded from urging these grounds held Supreme court - Decision does not support contention of State that petitioners having appeared at Common Entrance test and counselling are precluded from challenging the admissions procedure and rules issued in G. O. Ms. and Family department on ground of ultra vires or that they infringe their fundamental rights under Articles 14 and 15 - Contention merits no acceptance and is accordingly rejected - Physically handicapped - Post-graduate medical courses for academic is valid - That there is excess reservation in favour of the local candidates, beyond the extent and limits prescribed in Presidential Order even under system adopted for the academic - Clubbing of several distinct post-graduate medical courses of study and of the degree and diploma courses, applying local area reservation under the presidential Order and the other reservations for the SC/st/bc/ women and Physically handicapped seats so amalgamated and applying the 100 point roster to them - Appeal No. 757 of 2005 is dismissed - writ petition which has been allowed
( 1 ) THIS is professional courses admissions time in the State. Inevitably, it is the time for the complimentary annual event - challenges to the admission programmes to professional courses of study. The accommodation of the numerous, competing and conflicting claims to special treatment and opportunities for admissions to higher courses of professional studies, engender very complex adjustments for accommodating the several sectoral interests. The complexities increase every year and fertilise the contestable positions. The litigation has thus become regnant. The latest conflict in this area is presented to us. The conflict has a legal disposition. We, therefore, proceed to adjudicate.
( 2 ) THIS batch of cases includes five (5) writ petitions - W. P. Nos. 4880, 5175, 5896, 6003 and 6244 of 2005 and W. A. No. 757 of 2005. The appeal is directed against an interlocutory order dated 15-3-2005 of a learned single Judge of this Court, rejecting w. P. M. P. No. 6872 of 2005 in W. P. No. 5175 of 2005 wherein the appellants-writ petitioners sought stay of counselling (for post-Graduate Medical seats) scheduled to be conducted from 14-3-2005.
( 3 ) ALL the petitioners are Medical graduates desirous of pursuing Post- graduate Medical education. The N. T. R. University of Health Sciences (for short the health University ) by the notification dated 24-1-2005 notified the process of admissions to Postgraduate Medical Degree and Diploma courses for the academic year 2005-2006. The entrance test was conducted on 27-2-2005. All the petitioners appeared at the entrance test. The results of the test were published on 3-3-2005. The five petitioners in W. P. No. 4880 of 2005 obtained rank Nos. 72, 176, 198, 136 and 147 respectively at the entrance examination. The three petitioners in w. P. No. 5175 of 2005 obtained rank nos. 171, 334 and 116 respectively. The sole petitioner in W. P. No. 5896 of 2005 secured rank No. 102. The petitioner in W. P. No. 6003 of 2005 secured rank No. 483 and the petitioner in W. P. No. 6244 of 2005 rank no. 76.
( 4 ) IN brief, the grievance of the petitioners is that the process and procedure adopted by the Health University for admission to postgraduate Medical Degree and Diploma courses offends their right to equal opportunity in the matter of (higher professional) education, guaranteed under articles 14 and 15 of the Constitution and that the Rules framed by the State government to regulate the admissions procedure, subvert the equality injunctions of the Constitution and are patently irrational, arbitrary and inoperable. The petitioners seek invalidation of the Rules issued by the state Government in G. O. Ms. No. 44, health, Medical and Family Welfare (E-2) department, dated 25-2-2005 published in a. P. Gazette of even date.
( 5 ) THESE matters came to be listed before the Full Bench on a reference dt. 12-4-2005 made by a learned Division Bench of this court. One of the substantive issues that requires adjudication in these writ petitions is as to the legality of the adoption by the State government and the Health University, of the 100 point roster, to all the Postgraduate medical Degree and Diploma courses (such as Anaesthesia, Anatomy, Bio-chemistry, forensic Medicine, General Surgery, ophthalmology, Paediatrics, Pathology, pharmacology and the like. In Preeti Puranik v. N. T. R. University of Health Sciences, a. P. a Division Bench of this court upheld the validity of application of the 100 point roster to Postgraduate Medical admissions. For the current academic year, not only was the 100 point roster applied to the postgraduate Medical admissions but (under rules issued in G. O. Ms. No. 44, dated 25-2-2005) a format called "seat Matrix " was applied whereby the 100 point roster was applied (in a running cycle) to all the several distinct, dissimilar and unconnected disciplines of Postgraduate Medical education, both Degree and Diploma courses en bloc, on the basis of an asserted alph
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