( 1 ) THE petitioner is a Post-Graduate in general Medicine from Medical College at guntur and he completed the said course in september, 1997 in first attempt. The petitioner completed his MDBS degree also from the same College in the year 1980. It is stated that unlike other examinations, the second respondent-University (NTR university of Health Sciences, at vijayawada) does not grant any percentage of marks in MD and on the other hand, the results were announced on the basis of grading, namely, A, B, C and D. The subjects in MD course are divided into four parts and to get through the examination one has to necessarily secure more than two grades either a or b . If a candidate gets two or more c grades, the candidate is deemed to have been failed in the examination and consequently he/she has to once again appear for the examination. The petitioner secured two a grades and two b grades, whereas third respondent secured b grade in all four parts.

( 2 ) PURSUANT to the notification issued by the second respondent-University for admission into Super Specialty Courses, the petitioner, third respondent and other eligible candidates appeared for the entrance test conducted on 8-5-2002. In the entrance test, the petitioner and third respondent seemed to have secured equal marks. It is to be seen that the requisite qualification for admission into Super specialty Course is Post-Graduation i. e. , md/ms. When the two candidates get equal marks in the entrance examination, as per Regulation 7 (f) of the Schedule and regulations for admission into Super specialty (Second PG) Courses in the medical Colleges affiliated to the NTR university of Health Sciences (for short the regulations ), preference should be given to the student who secured higher marks in mbbs course. It is stated that the third respondent completed MBBS Course in the year 1980 by securing 60. 81% marks and passed MD in General Medicine in third attempt in the year 1996, whereas the petitioner completed his MBBS Course in the year 1980 and MD in General Medicine in September, 1997 in first attempt. Therefore, it is stated that by any stretch of imagination it can never be contended by the respondent-University that the third respondent is more meritorious than the petitioner. It is further stated that the very purpose of conducting entrance examination and fixing the eligibility criteria for admission into Super Specialty Course is frustrated by giving unnatural interpretation to Regulation 7 (f ). Hence, the present Writ Petition is filed questioning the validity and legality of Regulation 7 (f) of he regulations of the second respondent- university as contrary to Section 3 of the a. P. Educational Institutions (Regulation of admission and Prohibition of Capitation fee) Act, 1983 and the Rules made thereunder. He also sought for a consequential direction to the second respondent-University to consider his case for admission into MD (Neurology) Course in Osmania Medical College, Hyderabad for the academic year 2002-2003.

( 3 ) IT is submitted by the learned counsel for the petitioner that Section 3 of the A. P. Educational Institutions (Regulation of admissions and Prohibition of Capitation fee) Act, 1983 (for short the Act ) regulates the admission into educational institutions and it provides that admission to the educational institutions shall be either on the marks obtained in the qualifying examination or on the basis of ranking assigned in the entrance test conducted by such authority and in such manner as may be prescribed. The first respondent-State government issued Rules in G. O. Ms. No. 740, Medical and Health dt. 22-11-1983, for admissions into Super-Specialty Courses, known as A. P. Regulation of Admission to super Specialties in Medical Colleges Rules, 1983 (for short the Rules ). Rule 7 of the said rules deals with method of selection and under sub-rule (4) thereof, while fixing the eligibility for Super Speciality course, preference has

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