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Andhra Pradesh High Court
Judges : B.P.JEEVAN REDDY, I.P.RAO
K.ASHOK KUMAR - Appellant
Versus
UNIVERSITY OF HEALTH SCIENCES - Respondent
Decided On : 08-09-88
ADMISSION TO SUPER SPECIALITY COURSE - RESERVATION OF SEATS - LOCAL CANDIDATE - INTERPRETATION OF PRESIDENTIAL ORDER - ANDHRA PRADESH EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSIONS) ORDER, 1974 - RULE 5 - RULE 6 - PARAGRAPH 11 OF G. O. P. NO. 646, DATED 10-7-1979.
Fact of the Case:
The controversy in the present writ petition is about the same seat in a Super-speciality in medicine which is the subject matter of the judgment of a Division Bench of this court in W. A. No. 1172/1987 dated 18-1-1988. The contention of the respondent-University then was that a person from outside the State was a non-local and, therefore, not entitled to claim the only seat in D. M. (Neurology) was upheld. Thereafter, the same seat has been given to a candidate who is not a local candidate with reference to the area where the Institution is located Now, the stand of the University is that it is not reserved for local candidate of the area.
Finding of the Court:
The court held that the seat in question is reserved in favour of local candidates of the Telangana local area, by virtue of Rule 5. Rule 5, which we have already set out herein before, says that admissions to 85% of the available seats in every course of study provided bv the severil universales m the State, or by any other educational institution under the control of the State Government "shall be reserved in favour of the local candidates in relation to the local area in respect of such University or other educational institution". Since there is only one seat, it has to be reserved for local candidates of the concerned local area.
Issues: 1. Whether the seat in question is reserved for local candidates of the Telangana local area? 2. Whether the seat in question is deemed to be reserved for "non-locals" as specified in paragraph 11 of g. O. P. No. 646, dated 10-7-1979?
Ratio Decidendi: 1. The court held that the seat in question is reserved in favour of local candidates of the Telangana local area, by virtue of Rule 5 of the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974. 2. The court held that the seat in question is not deemed to be reserved for "non-locals" as specified in paragraph 11 of g. O. P. No. 646, dated 10-7-1979, as the said paragraph is not attracted to the facts of the case.
Final Decision: The writ petition was allowed, and it was declared that the 5th respondent is and was not eligible for admission to the only seat in D. M. (Neurology in Osmania Medical College. Only the local candidates of Telangana local area are eligible to be admitted to the same. The respondents shall forthwith verify as to which candidate among the local candidates of Telangana local area has secured the highest ranking, and admit him forthwith to the said seat.
( 2 ) THIS writ petition relates to admission to a lone seat in Super speciality, D. M. (Neurology), in Osmania Medical College for the year 1986-87. Earlier there was a writ petition and Writ Appeal with respect to this verv seat, and the ntain complaint in this writ petition is that the judgment in the earlier case is not being applied and followed by the respondents.
( 3 ) FOR the year 1986-87 applications were called for, for admission into Super Specialities, including D. M. (Neurology ). The only seat in this super Speciality was then notified as available in Nizam s Institute of medical Sciences. In the Entrance Test conducted frr this Super Speciality, a number of persons appeared, among who one Dr. Fazal Ghafoor stood first. The 5th respondent in the writ petition, Dr. Venkata Sai Prabhakar, stood second, and the petitioner herein, Dr. K. Ashok Kumar, secured the 8th rank. In the normal course, Dr. Fazal Ghafoor ought to have been given admission; but, he was denied admission on the ground that he was not a local candidate and, therefore, ineligible for admission in view of the A. P. Educational Institutions (Regulation of Admissions) Order, 1974, issued by the President of India under Clauses (1) and (2) of Article 371-D of the constitution. Dr. Ghafoor wab bom in Kerala and had obtained hrs m. B. B. S. , Degree from a College in Kerala. However, he obtained his post Graduate Degree, i. e. , M. D. (General Medicine) from Osmania Medical college in 1986. Inasmuch as Dr. Ghafoor did not satisfy any of the c riteria prescribed in Rule 4 of the said Older, defining "local candidate", he was denied admission, whereupon he approached this Court by way of writ Petition No. 7137/87. It was heard by P. A. Choudary, J. and dismissed on 27-8-1987. The learned Judge held that the petitioner. Dr. Ghafoor, is not a local candidate and, therefore, admission was rightly denied to him. The learned Judge also repelled the argument of Dr. Ghafoor that inasmuch as he was allowed to appear for the Entrance Test and was also called for interview in pursuance thereof, the respondents were estopped from denying admission to him on the ground of not heing a local candidate. The learned judge also rejected the contention thai reserving the only seat for local candidates offends Art. 14. 11 was pointed out by the learned Judge that the said reservation is not under Art. 15 (4) of the Constitution, but was made under the Presidential Order issued under Art. 371-D and is, therefore, beyond challenge. A Writ Appeal, being W. A. No. 1172/87, was filed by dr. Ghafoor against the decision of the learned single Judge, which had come up before this very Bench. We dismissed the Writ Appeal confi
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