N. Y. HANUMANTHAPPA, J.

( 1 ) WRIT Appeal No. 795 of 1999 and Batch is filed by the NTR University, Vijayawada and the Chairman, Selection Committee for undergraduate courses (hereinafter referred to as the "university"), challenging the orders in W. P. No. 33456 of 1998 and batch, dated 22-4-1999 directing the university to provide seats to eligible Writ petitioners belonging to Backward Class community for admission into MBBS course for the academic year 1998-99. The writ Petition No. 26194 of 1999 and Batch are filed challenging the procedure adopted for admission into MBBS Course by the university into various Medical Colleges in the State of Andhra Pradesh for the academic year 1999-2000. Since the common questions are involved W. P. No. 26194 of 1999 and Batch were directed to be posted along with Writ Appeals.

( 2 ) THE facts of the case that lead to the filing of the Writ Appeals and the Writ petitions, briefly stated, are as follows: the Writ respondents are referred to as the Writ Petitioners in the Writ Petitions. The EAMCET-1998 Entrance Examination was held on 14-5-1998. The results were announced on 31-5-1998. The University vide notification dated 22-7-1998 called for selection/provisional admission scheduled from 8-8-1998 to 14-8-1998. In the meanwhile, W. P. No. 15750 of 1998 and batch were filed challenging the ranking allotted to the candidates in the entrance examination and this Court granted interim stay of selection on 4-8-1998 in the said batch of writ petitions thereby the selections were not held on 8-8-1998 as scheduled in the notification dated 1-8-1998. By the judgment dated 17-8-1998 in W. P. No. 15750 of 1998 and Batch, five questions were directed to be revalued and directed to revise the ranks. Thereafter, by notification dated 21-11-1998 selections for provisional admission into MBBS Course were scheduled from 27-11-1998 to 3-12-1998. Challenging the said notification dated 21-11-1998 and the procedure adopted by the University in respect of Backward classes and other reserved category candidates W. P. Nos. 33456 of 1998 and batch was filed and this Court granted interim stay of selection on 1-12-1998 and subsequently the same was vacated by this court on 29-12-1998 and directed that all the admissions made will be subject to the result of the writ petitions. Thereafter this court in W. P. Nos. 33456 of 1998 and Batch dated 29-4-1999 finding fault with the procedure adopted by the University in making admissions into 1st year MBBS course allowed the batch of writ petitions. The operative portion of the Judgment rendered by the learned single Judge reads as follows:"in the circumstances, I am of the opinion that the ends of justice would be met in this case if the State is directed to work out the details and find out how many of the students belonging to the non-reserved categories would have to be displaced if the admissions are to be made strictly in accordance with the principles laid down by the Supreme court in Ritesh R, Shah s case (AIR 1996 SC 1378 ). After arriving at the total number of such students, consider the 34 cases of each of the petitioners before this Court in this batch of writ petitions as against the number indicated above, provide admission to such of the petitioners against the abovementioned number of seats in the Medical Colleges after obtaining appropriate permissions from the appropriate bodies for creating such number of additional seats, only for this academic year. "

( 3 ) IN pursuance of the directions of the learned single Judge dated 29-4-1999, according to the writ petitioners, 74 supernumerary seats were created vide g. O. Ms. NO, 509, dated 27-9-1999. Thereafter while admitting the writ appeals filed against the judgment of the learned single judge in W. P. No. 33456 of 1998 and Batch duly recording that 74 additional seats were created, granted interim stay of the order of the learned single Judge.

( 4 ) WHILE so, the University while making admission into

Click Here to Read the rest of this document