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Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, M.H.S.ANSARI, P.S.MISHRA
Devarakonda Rajesh Babu - Appellant
Versus
Nizam Institute of Medical Sciences - Respondent
Decided On : 10-21-97
Constitution of India, 1950 - Articles 15, 371d, 371f, 309, 14 and 16 - Residence Qualification - Matter of Admissions to Medical Course - Learned Counsel appearing for appellants have submitted that class reservation envisaged has to be followed having regard to rotation system and reservation for BC and ST candidates - Their contention is that any other provision with regard to reservation should yield to this special provision contained which was brought forth by amendment for purpose of classes which arc both socially and educationally backward - Learned Counsel for respondents has contended that class reservation has to be applied within area reservation - In Supreme Court held merit should be criterion in matter of admissions to medical course and even if residence qualification has to be given to maintain equality in no event said residence qualification can be extended to postgraduate medical courses such as MSMD and like - Supreme Court directed Union of India as also State Governments and Administrations of Union Territories to draw a scheme on said lines holding that it was laying down law for entire country having heard affected and interested – Held, We accordingly hereby direct that Government shall forthwith issue necessary instructions for implementation of above directions of Court and ensure that appointments in any future vacancies in posts and service under Government of State and admissions into various institutions falling in a particular area of reservation arc held strictly in accordance rath directions as before any further appointments are made and before any further admissions arc made in any educational institutions falling in any area of State - Before we part with this judgment we record our appreciation for assistance that we have received from learned Counsel for appellants Senior Advocate learned Counsel for NIMS as well as learned Advocate General for State who have given their invaluable assistance to Court - It indeed augurs well for parties that Counsel of eminence have agreed to rise causes they were expected to espouse and argued more on principles to be evolved than to keep their arguments limited to cause of their respective parties - A common cause some time is brought before Court at instance of an aggrieved individual as issues in a common cause are not adversarial it is indeed appreciable that learned Counsel for parties have chosen to address Court on principles of law including interpretation of various constitutional provisions - Ordered Accordingly.
( 2 ) BOTH the writ petitions pertain to admission into M. S. Orthopaedics of Nizam Institute of Medical Sciences - a State-wide Institution - which is the deemed University. Reservations to Scheduled Tribes, Scheduled Castes and Backward Classes are in the ratio of 6:15:25 respectively. The following table, in various disciplines shows the number of seats conforming to the above ratio of reservation : With M. S. Orthopaedics consisting of 4 seats, with which we arc concerned, reservation of one seat each for B. C. and S. T. has been provided in the above discipline. Dr. Satyam, the appellant in W. A. No. 141 of 1996 (arising out of W. P. No. 29820/1995) who belongs to B. C. B category had obtained 107 marks and claimed preference for admission over Dr. Jayabharath Reddy from Andhra University area. His case is that, he having obtained the highest marks among the B. C. candidates ought to be given the seat. Dr. Rajesh Babu, the appellant in W. A. No. 140/1996 (arising out of W. P. No. 29700/1995) belongs to S. T. category and having obtained 97 marks claimed preference over Dr. Padma who is also S. T. candidate and who has obtained less number of marks i. e. , 73. The Nizam Institute of Medical Sciences (for short "nims") has contested the claims made by the above appellants. Contest is also made by the other candidates who arc successful in getting the admissions. Reliance is placed on the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 which is issued by the President of India, in exercise of the powers conferred upon him under clauses (I) and (2) of Article 371d of the Constitution of India as amended by A. P. Educational Institutions Regulation of Admissions (Amendment) Order, 1991. Under Para 6 of the Order, 1974, admission to 85% of the available scats in every course of study provided by State-wide University be reserved in favour of and allocated among the local candidates in relation to the local areas specified in para 3, in the ratio of 42:36:22 respectively for Andhra University area, Osmania University area and Sri Venkateswara University area. Whether the said ratio of reservation has got any application to any course of study in which total number of available scats does not exceed 3, however, is a question apart in these appeals, as we are concerned with 4 scats in M. S.-Orthopaedics. Out of the said 4, one under the said order is unreserved and a person, namely, Parameswar Rao, who has secured 110 marks is selected. He happens to be from Andhra University area. No controversy is raised with regard to his admission. Disputed selections, however, are of Dr. Jayabharat Reddy who hails from the local area of Andhra University and Dr. Padma who hails from the local area of Osmania University. The third candidate Dr. Obulpathy, hails from Sri Vcnkateswara University area. The marks obtained by Dr. Jayabharat Reddy, Dr. Obulpathy and Dr. Padma arc 108, 109, 73 respectively. As stated above, Dr. Saiyam who belongs to B. C.-B category and is from Andhra University area and Dr. Rajesh Babu who belongs to S. T. category and is from Andhra University area have claimed that they are entitled to selection. Dr. Rajesh Babu has further claimed that he having obtained 97 marks has a superior claim over Dr. Padma who has obtained only 73 marks. The claims of Dr. Satyam and Dr. Rajesh Babu, however, have been negatived on the ground that one seat each has been reserved for local areas of three universities mentioned above. The claim of Dr. Satyam that he secured more marks than Dr. Jayabharath Reddy is negatived as he is found to have
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