L. NARASIMHA REDDY, J.

( 1 ) IN this writ petition, the petitioners seek the relief of declaration that (1) the procedure prescribed in G. O. Ms. No. 47, Social Welfare Department, dated 31-5-2000 is not applicable to the selection of candidates for admission against seats in Post-Graduate Medical Courses reserved for Scheduled Castes; (2) admissions to the Post-Graduate Medical Courses are to be made on the basis of merit subject to rule of reservation as provided for in the rules contained in G. O. Ms. No. 260 dated 10-7-1997; and (3) Notification dated 29-10-2001 issued by the 1st respondent - University suspending the process of selection of candidates for admission into Post-Graduate Medical Courses against Scheduled Caste seats is illegal and arbitrary.

( 2 ) BROADLY stated, the averments in the affidavit filed by the petitioners are that, the petitioners who belong to Scheduled Caste community have passed MBBS. , course in different years; and they appeared for the entrance examination held by the 1st respondent-University for the purpose of selection of candidates for admission into Post-Graduate Medical Courses for the current academic year. Petitioners 1 to 7 secured ranks 525, 553, 579, 681, 239, 369 and 310 respectively. According to them, the selection as well as admission of candidates against seats reserved for SC category has been conducted up to rank 900. However, the 1st respondent issued notification dated 29-10-2001 suspending the selection process. It is alleged that the respondents are now proposing to apply the procedure and guidelines contained in G. O. Ms. No. 47, Social Welfare Department dated 31-5-2000 for the purpose of selection of SC candidates for admission into Post-Graduate Medical Courses. The petitioners state that the matter of admission into Post-Graduate Medical Courses is governed by the provisions of A. P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as the 1983 Act ) and the rules framed by the Government in G. O. Ms. No. 260 called as A. P. Medical Colleges (Admission into Post-Graduate Medical Courses) Rules, 1997 - hereinafter referred to as admission Rules . The petitioners contend that Rule 3 (2) of the Admission Rules provides for separate reservations for degree and diploma courses, Rule 9 contemplates preparation of merit list as per the marks obtained by the candidates in the entrance examination and Rule 10 mandates the selection within a particular category to be only on the basis of merit. The revised procedure for selection post by G. O. Ms. No. 47, dated 31-5-2000, which provides for roster points, cannot be made applicable for admissions into educational institutions.

( 3 ) THE 1st respondent-University filed counter-affidavit narrating the circumstances under which it had to suspend the admissions at a particular stage. It has also justified the application of the procedure stipulated under G. O. Ms. No. 47 dated 31-5-2000, which in turn was issued under the A. P. Scheduled Castes (Rationalisation of Reservation) Act, 2000.

( 4 ) MADIGA Porata Reservation Samithi (MPRS) filed WPMP No. 220 of 2002 for getting itself impleaded in the writ petition. Another application for impleading, being WPMP No. 31750 of 2001 was filed by one Dr. C. R. Murali Govardhan. Both the implead petitioners opposed the contentions of the writ petitioners and supported the stand and steps taken by the State Government and the University. These petitions were ordered.

( 5 ) SRI G. Vidyasagar, the learned Counsel for the petitioners, submits that the procedure for admission into Post-Graduate Medical Courses prescribed under 1983 Act as well as Admission Rules and the concept of roster which is prevalent in case of appointments, cannot be made applicable for admissions. It is his further contention that by virtue of Section 12, 1983 Act had overriding effects on all other laws. He states that the Admission Rules which ar

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