Andhra Pradesh High Court
Judges : G.BIKSHAPATHY
Nitesh Narayan - Appellant
Versus
University of Health Science - Respondent
Decided On : 12-11-97
Constitution of India,1950 - Clause (1) and (2) of Article 371d - 15 (4) and 16 (4) - Institute of Medical Sciences Act - Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fees) Act, 1983 - Andhra Pradesh Professional Educational Institutions - Section 3 read with Section 15 - Health University Act – Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 (popularly known as presidential Order, 1974 – Andhra Pradesh Professional Educational Institutions (Regulation of Admissions into Under Graduate, Professional Courses (through Common Entrance Test) Rules, 1993 (for brief eamcet Admission Rules ) - Professional Educational Institutions - Medical Common Entrance - Arises for consideration therefore all Writ Petitions are disposed of by a common order - Petitioners herein have appeared for Engineering, Agricultural and Medical Common Entrance Test They belong to Osmania University Local area and obtained sufficiently high ranking - They applied for admission to M. B. B. S. course in Medical Colleges falling under Osmania University Area, under total category - But, however they were not given admission in Medical College of their choice under total category and on other hand non-totals were given admissions in excess of the quota fixed under Rules - Held, basis of principles settled by Supreme Court in State of Bihar and others - In case of any doubt which may arise on account of implementation of Rules of Admission or Presidential Order it is open for Health University to bring it to Notice of Government which shall consider same and tender proper advice - This exercise shall be done within a period of weeks from the dale of receipt of copy of this order - It is also appropriate for State Government to oversee admissions and if necessary place at disposal of Health University services of competent persons if sought by Health University to accomplish time bound schedule - For the purpose of proper Counseling the authorities shall give wide publicity for information of candidates through various news papers apart from Radio and Television net work - Writ Petitions are allowed
( 1 ) IN all these Writ Petitions, the interpretation of the A. P. Educational Institutions (Regulation of Admission) Order, 1974 (popularly known as presidential Order, 1974 ) vis-a-vis the AP. Professional Educational Institutions (Regulation of Admissions into Under Graduate, Professional Courses (through Common Entrance Test) Rules, 1993 (for brief eamcet Admission Rules ) arises for consideration. Therefore, all the Writ Petitions are disposed of by a common order.
( 2 ) ALL the petitioners herein have appeared for Engineering, Agricultural and Medical Common Entrance Test (for brief eamcet-97 ). They betong to Osmania University Local area and obtained sufficiently high ranking. They applied for admission to M. B. B. S. , course in Medical Colleges falling under Osmania University Area, under total category. But, however, they were not given admission in the Medical College of their choice under total category and on the other hand, the non-totals were given admissions in excess of the quota fixed under the Rules. Therefore, they seek appropriate directions. The individual averments in respective cases have not been referred to in this batch as the question falls for consideration is the interpretation of the Presidential Order and the Rules referred to above. Though issue in these cases was confined to the reservation to the total candidates in accordance with the Presidential Order, the learned Advocate General submitted that the Health University have not followed the constitutional reservations made to SC/st/bc, Women etc. in respect of admissions to educational institutions and that the Committee appointed by the Government had observed that the reservation process adopted by the University was not proper. Therefore, he requested this Court to also consider the correctness of the admissions made by the Health University so that the principle of reservation in these institutions could be settled once for all. Thus, the scope of the consideration was also extended to the validity of the process of admission apart from interpretation of the Presidential Order and the rules and the respective reservations under the Presidential Order and the EAMCET Admission Rules.
( 3 ) THE learned Counsel appearing on behalf of the petitioners submit that under the Presidential Order as amended from time to lime, 85% of the available seats in every, course of study shall be reserved for the total candidates subject to the reservation and that the 15% of such seats are ear-marked for non-totals. The procedure adopted by the Health University who is the competent authority for admission to M. B. B. S. , course in the entire State is not in accordance with the Presidential Order and the EAMCET Admission Rules. The University has taken the entire University total area for the purpose of admission and not each institution which is contrary to the Rules. They also submitted that by virtue of not following quota reserved for totals and non-totals, a serious imbalance has been created in each institution. Instance of this was quoted with reference to Osmania University Medical College, wherein 200 seats were allotted for M. B. B. S. , course, out of which 85% should be reserved for totals, if this reservation is followed, about 155 total candidates excluding S. C. candidates whose admissions not yet finalised will get admission, but, on the other hand, only 86 candidates were given admission thereby denying the admission of totals to the extent of 85% in the respective Colleges of their choice. On the other hand, the University in its counter stated that they followed the Presidential Order strictly and made admissions keeping in view G. O. Ms. No. 646 dated 10-7-1979 and also EAMCET Admission Rules prescribed in G. O. Ms. No. 184 dated 20-8-1993. It is the case of the University that as far as Osmania University area is concerned, 450 seats were allotted, out of which totals are eligible for 383 seats and 67 seats were
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.