The reservation policy under Para 5 of the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 applies to courses in non-State-wide Universities and educational institutions, even if the number of seats in the course is less than four.

S. PARVATHA RAO, J.

( 1 ) THE petitioner in this Writ Petition seeks a Writ especially one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent i. e. , the university of Health Sciences, Andhra Pradesh, in declining a seat in the Super specialities Course (2nd P. G.) i. e. , M. Ch. (Cardio Thoracic Surgery) for the year 1991-92 to the petitioner and giving admission to the 3rd respondent herein who secured only 9th rank in the entrance examination as against the 2nd rank obtained by the petitioner is illegal, arbitrary and discriminatory and is therefore violative of Articles 14 and 16 of the Constitution of India, etc.

( 2 ) THE petitioner states that pursuant to a notification issued by the 2nd respondent which was published in the eenadu daily, calling for applications to the course of Super Speciality in M. Ch. (Cardio Thoracic Surgery) for the year 1991-92, he applied and appeared for the entrance test. The petitioner obtained second rank and the 3rd respondent herein obtained 9th rank.

( 3 ) AS per Rule 2 of the Rules for admission to Super Speciality (Second P. G.) courses in the Medical Colleges of Andhra Pradesh for the year 1991-92 (hereinafter referred to as the Rules ) the number of seats available in M. Ch. (Cardio Thoracic surgery) are one in the Osmania Medical College at Hyderabad and one in the Gandhi Medical College at Hyderabad. Rule 7 deals with method of selection and sub-rule (5) of Rule 7 provides as follows:-"on the dates notified, the candidates according to merit shall be called by the Selection Committee and ask them to opt the centre at his/her choice subject to availability. The Selection Committee shall issue selection order immediately. The selection will be only from among the candidates who physically present themselves when their roll Numbers are called out, in order of merit. "in accordance with the said sub-rule (5) of Rule 7 the candidate who obtained the first rank was given the seat in M. Ch. (Cardio Thoracic Surgery) in Osmania medical College, Hyderabad and the petitioner does not dispute the same. The petitionerdisputes the second seat in M. Ch. (Cardio Thoracic Surgery) available in the Gandhi Medical College at Hyderabad being given to the 3rd respondent who obtained the 9th rank.

( 4 ) NOTICE before admission was directed in this Writ Petition on 24-1-1992. On behalf of the 2nd respondent, the Registrar in charge of the 2nd respondent filed the counter affidavit wherein the reason for giving the said second seat to the 3rd respondent was explained. It is stated that the M. Ch. (Cardio Thoracic surgery) department in the Osmania Medical College, Hyderabad is a State-wide educational institution as per the schedule to the Andhra Pradesh educational Institutions (Regulation of Admissions) Order, 1974 (hereinafter referred to as the Order ) read with Clause (e) of Sub-para (1) of Para 2 of the order. But the Gandhi Medical College, Hyderabad is an educational institution subject to the control of the State Government and is not included in the said schedule to the Order. It is a non State-wide educational institution and therefore is subject to the reservation under para 5 of the Order. It is further stated that the petitioner herein is not a local candidate in relation to the local area in respect of Gandhi Medical College. As the 3rd respondent is a local candidate in relation to the area in respect of the said College, he had to be given the seat. There is no other local candidate who has obtained a rank higher than that of the 3rd respondent.

( 5 ) THE learned counsel for the petitioner disputes the stand of the 2nd respondent. He submits that the 2nd respondent-University is a State-wide university with effect from 12-9-1986 by reason of the amendments introduced in Clause (f) of sub-para (1) of Para 2 of the Order by the Andhra Pradesh educational Institutions (Regulation of Admission) Amendment Order, 1986. He relies on Para 6 of the Order which i

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