Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
A.Rajakaran Reddy - Appellant
Versus
N.T.R.University of Health Sciences - Respondent
Decided On : 01-23-02
Constitution of India - Article 226 - Post Graduate Medical Courses is governed by Act - Section 3 – Jurisdiction – College/ Institutions - Courses and qualified for taking admission into Medical Courses University of Health Sciences has issued a notification notifying admissions into Post Graduate Medical courses in medical colleges affiliated to respondent-University for academic - Petitioners herein have applied for admission into Post Graduate medical Courses pursuant to said notification entrance examination was held – Held, Consequently there shall be a direction to respondent-University to make admissions in accordance with presidential Order duly reserving available seats in Post Graduate Medical course in each Medical College in Osmania university and Kakatiya University area - Admissions shall accordingly be redone - All three colleges/institutions cannot be grouped together for purposes of determining reservation of available seats in Post Graduate medical Courses in favor of local candidates - Reservation is to be made each institution-wise relief – petition allowed
( 1 ) THE writ petitioners - four in number invoke the extraordinary jurisdiction of this court under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus or any other appropriate writ"to set aside the admission into Post graduate Medical Courses in Osmania/ kakatiya Area Medical Colleges for the academic year 2001-2002 as vioktive of A. P. Educational Institutions (Regulation of admissions) Order, 1974; and consequently direct the respondent-University to make admissions in accordance with the A. P. Educational Institutions (Regulation of admissions) Order, 1974 duly reserving 85% of the seats in the each college in osmania University and Kakatiya university area Medical Colleges for the academic year 2001-2002. . . . . "
( 2 ) BEFORE adverting to the question as towhether the issue requires any interference of this Court in the matter of admissions already made by the Post Graduate selection Committee 2001-2002, the relevant facts perhaps in detail may have to be noticed: factual Matrix:
( 3 ) PLEADINGS of the Petitioners: Thepetitioners specifically challenge the action of the respondent-University in providing seats in the Post Graduate Medical Courses in "un-reserved quota" only in Osmania medical College. According to the petitioners such providing of seats only in one particular college is illegal, arbitrary and violative of Presidential Order.
( 4 ) THE petitioners have passed M. B. B. S. Courses and qualified for taking admission into P. G. Medical Courses, N. T. R. University of Health Sciences (for short the respondent-University ) has issued a notification dated 26-7-2001 notifying admissions into Post Graduate Medical courses in the medical colleges affiliated to the respondent-University for the academic year 2001-2002. The petitioners herein have applied for admission into Post Graduate medical Courses pursuant to the said notification, the entrance examination was held on 12-9-2001. The results were duly announced on 18-9-2001. The Hall Ticket numbers and rank secured by each of the petitioners are as follows:
Sl.
No.
Petitioner s name
Hall Ticket
Number
Rank
1.
Dr. A. Rajakaran Reddy
018534
61
2.
Dr. M. Ashwani Kumar
018081
09
3.
Dr. M. Srinivas Reddy
018792
89
4.
Dr. G. Sunil Kumar
018401
04
( 5 ) THE petitioners claim that each oneof them is eligible and entitled to get a seat in the faculty of their choice in osmania Medical College. On account of the illegal procedure adopted by the Sl. NO.
Petitioner s name
Course offered
Name of College
1.
Dr. A. Rajakaran Reddy
M. S. (General)
Kakatiya Medical College, Warangal
2.
Dr. M. Ashwani Kumar
M. S. (Ortho.)
Gandhi Medical College,
3.
Dr. M. Srinivas Reddy
M. D. (Anat)
Osmania Medical College
4.
Dr. G. Sunil Kumar
Diploma in Child Health (DCH)
Osmania Medical College
( 6 ) THERE is no dispute whatsoever that allthe petitioners herein belong to the Osmania university local area .
( 7 ) IT is further stated in the affidavit filedin support of the writ petition that in osmania University local area there are three colleges, viz. , Osmania Medical college, Gandhi Medical College both situated in Hyderabad and Kakatiya medical College at Warangal where the P. G. Courses are being offered. In the Medical group there are 29 seats available in osmania Medical College; 14 seats in gandhi Medical College and 12 seats in kakatiya Medical College, Warangal. In all, put together there are 55 seats. Similarly in surgical group there are 21 seats available in osmania Medical College, 11 seats in gandhi Medical College and 12 seats in kakatiya Medkal College.
( 8 ) IT is an admitted fact that theadmissions into 85% of available seats are reserved in favour of local candidates in relation to local area as provided in the A. P. Educational Institutions (Regulation of admissions) Order, 1974 (for short the presidential Order ).
( 9 ) IT is stated that out of 55 seats that areavailable in the Medical Group in the respondent-Univer
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