( 1 ) THESE appeals are against an order directing the consideration of the petitioner for admission to post-graduate medical courses against the reserved seat for Scheduled Caste in 15% quota meant for non-locals in terms of regulation 3 of the Regulations for admission to "post-graduate Medical Courses" and if any person is selected against the said reserved seat, the same shall be cancelled and would be made available to such persons entitled to such admission.

( 2 ) THE Division Bench noticed the conflict in the decision in P. Chinnayya v. Nitesh Narayan, 1998 (4) ALD 584 (DB ). Decision arose out of the judgment of learned single Judge in Nitesh Narayan v. University of Health Sciences, 1998 (1) ALD 474 and an earlier Division Bench judgment of this Court in Registrar, University of Health Sciences v. M. D. Ishak, 1990 (1) An WR 220 (DB ). The pristine question, referred to the Full Bench is :-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?

( 3 ) THE petitioner is a Scheduled Caste candidate from Hyderabad City and studied MBBS course from 1988-1995 in Medical College Tirupati. Petitioner took the entrance Test as non-local candidate for admission to post-graduate course, and was placed on merit at No. 422. Eight seats in post-graduate course and 10 seats in medical diploma in clinical groups under 85% local quota for Scheduled Castes, Scheduled Tribes and Backward Classes etc. was shown to be reserved in the prospectus issued by the University of Health Sciences.

( 4 ) IN the State of Andhra Pradesh, admissions are made subject to rules, regulations, provisions of enactments, and restrictive instructions issued subject to and conforming to regulations contained in Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 (hereinafter referred to as Presidential Order ). It was issued under Article 371-D of the Constitution. The Presidential Order would prevail over all other laws, regulations, rules etc. for admission.

( 5 ) PETITIONER claimed he is number one in merit amongst the non-local Scheduled Caste candidates in 15% unreserved seats. All reservations in the block of hundred was provided amongst 85% local candidates only. This mechanism or process of reservation is contrary to Arts. 14 and 15 of the Constitution. Providing no reservation amongst the 15% non-local candidates is contrary to the Constitution. The non-observation of policy of reservation in 15% unreserved block of seats in pursuance to para 4 (G) of the prospectus and regulation No. 4 (G) of the Regulations is arbitrary and illegal. Reliance was placed on the decision of the Division Bench dated 17-7-98 in W. A. No. 1547 of 1997 and WP 430 of 1998 wherein it was observed that the respondents are under obligation to make reservation for Scheduled Castes, Scheduled Tribes and Backward Classes even in 15% unreserved seats.

( 6 ) UNIVERSITY demurred the averments. Admissions were made in conformity with rules, regulations and instructions issued by the State from time to time. Post-graduate Medical Courses Rules for Osmania, Kakatiya Universities or other Medical Colleges for 97-98 in Annexure-III provides for reservations both in clinical and non-clinical subjects. In no subjects there are more than two seats; consequently there cannot be any reservation.

( 7 ) THERE are no reservations in 15% unreserved seats. Petitioner competed in entrance test as non-local candidate. There are only two seats for non-locals. Both are unreserved seats. Both the seats were filled in the first counselling while the turn of the petitioner came during the second counselling when no seat was available for the non-local category. The petitioner was offered the choice to select the course and the subject available according to his merit, which he declined. B

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