The residence of a minor for the purpose of the Presidential Order is the same as that of his/her parents.

( 1 ) (PER The Hon ble The Chief Justice) instant appeal has arisen from a judgment by a learned single Judge of this court which has been delivered uninformed of sub-clause 1. 2, in annexure III, of the definition of "local/non-local status" in the Presidential Order applicable to the State and a Bench decision of this Court in Tahsildar, Hyderabad Urban taluk vs. T. V. Reddy which was delivered in a similar situation by the Court dealing with a provision similary to sub-clause 1. 2 of the Presidential Order.

( 2 ) WE have to State the facts, besides the statements which we have found in the judgment of the learned single Judge, from the affidavit of the appellant which are as follows:"5. I submit that I borned in the year 1977 at Peddapally in Karimnagar district and I studied upto 4th class at Peddapally and 5th class at medipalli in Social Welfare Residential School and thereafter I joined in jawahar Navodaya Vidyalaya at Choppadandi in Karimnagar district in the 6th class on merit basis in the year 1987 and I studied upto 9th class i. e. upto 1990. Thereafter Jawahar Navodaya Vidyalaya, Choppadandi selected me basing on my merit in the committee constituted by the district Collector under the scheme of National Integration and sent me to birauli in Bihar State for studying 9th and 10th class on their own accord as per the conditions mentioned in the said organisation at the time of joining into the said institute. Thereafter, I have completed my 9th and 10th classes successfully in the said school in Bihar State and I was sent back to my parent school viz, Jawahar Navodaya Vidyalaya at Choppadandi in karimnagar District for further studies, Thereafter my 12th standard I completed in the year 1990-92 and appeared for EAMCET 1995 and secured a rank of 3940. The 1st respondent treated the above 2 years study at Birauli (Samasthipuri in Bihar State is out of the purview of Osmania university region and treated me as non-local and denied my admission into the said course under the aforesaid quota for which I am entitled and eligble and for no fault of mine by education career will be spoiled due to the above reason stated by the first respondent though I being a successful candidate having been completed my entire studies from 1st to 12th standard at Choppadandi in Karimnagar District which is within the purview of the Osmania University region. 6. I submit that my parents are native of Peddapally in Karimnagar district by birth and my fundamental rights which are guaranteed to me under Constitution cannot be deprived on the sole ground that I studied in bihar State, but the same is an essential one in the said organisation. Even otherwise also, I was sent to the said school in Bihar State after considering my entire meritorious career in education. "

( 3 ) SUB-CLAUSES 1. 1 and 1. 2 of clause 1 of Annexure III of Instructions of eamcet-1995 are, however, attracted in cases of selection of candidates for admission to the I year of engineering courses in the State. After completing 12th standard in Jawahar Navodaya Vidyalaya, Choppadandi, Karimnagar district, the appellant appeared in the entrance examination, secured 3940 rank in engineering course and was called for interview by the first respondent- convenor herein for admission into the engineering couse at Jawaharlal Nehru technological University, Masab tank, Hyderabad under the quota of backward Classes (B) as a local candidate. He, however, was denied admission on the ground that he was not qualified under the above Presidential Order. His application under Article 226 of the Constitution of India, however, has failed on the ground that the appellant was not qualified as a local candidate under the definition of a local candidate under the Presidential Order.

( 4 ) APPELLANT has attained majority, it appears, only in the year 1995. At the relevant time of his studies in Jawahar Navodaya Vidyalaya, Choppadandi, karimnagar and his nomination under the scheme of national int

Click Here to Read the rest of this document