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Andhra Pradesh High Court
Judges : B.P.JEEVAN REDDY, S.S.M.QUADRI
B.Ramesh - Appellant
Versus
University of Health Science, Gunadala, Vijayawada - Respondent
Decided On : 12-06-89
CONSTITUTIONAL LAW - ARTICLE 371D - VALIDITY - PRESIDENTIAL ORDER - VALIDITY - ADMISSIONS TO SUPER SPECIALITIES - RESERVATION OF SEATS - INTERPRETATION OF PRESIDENTIAL ORDER - EQUITABLE DISTRIBUTION OF SEATS - LORD DENNING'S PRINCIPLE - APPLICABILITY.
Fact of the Case:
The petitioner, an aspirant for admission to M. Ch. Genito Urinary Surgery Speciality (2nd Post Graduate Course) for the academic year 1987-88, challenged the validity of Art. 371d of the Constitution of India and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 made by the President under Clause (1) of Art. 371d.
Finding of the Court:
The Court held that: 1. Article 371d of the Constitution of India and the Presidential Order made thereunder are not violative of the basic structure of the Constitution. 2. The Presidential Order is not violative of the provisions of Art. 371d itself. 3. The reservation of seats in Super Specialities is not violative of the principle of equitable distribution of seats among different local areas. 4. The principle suggested by Lord Denning in Seaford Court Estates Ltd. v. Asher cannot be applied to remove the ruck in the texture of the Presidential Order.
Issues: 1. Whether Art. 371d of the Constitution of India and the Presidential Order made thereunder are violative of the basic structure of the Constitution? 2. Whether the Presidential Order is violative of the provisions of Art. 371d itself? 3. Whether the reservation of seats in Super Specialities is violative of the principle of equitable distribution of seats among different local areas?
Ratio Decidendi: 1. Article 371d of the Constitution of India and the Presidential Order made thereunder are not violative of the basic structure of the Constitution because: * Clause (10) of Art. 371d provides that the provisions of Art. 371d and any order made by the President thereunder shall have effect notwithstanding anything in any other provision of the Constitution or in any other law for the time being in force. * The Supreme Court has held in P. Sambamurthy v. State of Andhra Pradesh that Art. 371d is valid and intra virus the amending powers of the Parliament. 2. The Presidential Order is not violative of the provisions of Art. 371d itself because: * The Order provides equitable opportunities to each local area equally. * The Order is in accordance with the scheme of Art. 371d which is to provide equitable opportunities and facilities for the people belonging to different parts of the State in the matter of public employment and in the matter of education. 3. The reservation of seats in Super Specialities is not violative of the principle of equitable distribution of seats among different local areas because: * The Presidential Order provides for reservation of seats in Super Specialities in each local area. * The Supreme Court has held in Pradeep kumar Jain v. Union of India that the general proposition against reservation of seats in Super Specialities will have no application to the State of Andhra Pradesh.
Final Decision: The writ petition was dismissed.
( 1 ) THE petitioner, who is an aspirant for admission to M. Ch. Genito Urinary Surgery Speciality (2nd Post Graduate Course) for the academic year 1987-88, challenges the validity of Art. 371d of the Constitution of India and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 made by the President under Clause (1) of Art. 371d (for short, the Presidential Order ).
( 2 ) A learned single Judge of this Court referred the writ petition to a Division Bench in view of the importance of the questions raised in the writ petition. That is how this writ petition has come up for hearing before us.
( 3 ) SINCE we are concerned here with Constitutional validity of Art. 371d which is a special provision for the State of Andhra Pradesh and which was inserted by Parliament to give effect to what is commonly known as six point formula, it would be apposite to extract Article 371d of the Constitution here. "special provisions with respect to the State of Andhra Pradesh :-- (1) The President may by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State. (2) An order made under Clause (1) may, in particular, -- (a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised; (b) specify any part or parts of the which shall be regarded as the local area - (i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise under the State Government; (ii) for direct recruitment to posts in any cadre under any local authority within the State; and (iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government; (c) specify the extent to which the manner in which and the conditions subject to which preference or reservation shall be given or made - (i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order; (ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be. (3) The President may, by order, provide for the Constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdictional power and authority which immediately before the commencement of the Constitution (Thirty Second Amendment) Act, 1973, was exercisable by any Court other than the Supreme Court or by any tribunal or other authority as may be specified in the order with respect to the following matters, namely:-- (a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; (b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under t
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