( 1 ) 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. It is not in dispute that cl. (5) of the presidential order will apply to this case. To avoid further litigation and delay, particularly when the classes have started one month ago, I consider it appropriate that this writ petition be considered and decided by the same Bench consisting of Jeevan Reddy, J, and Panduranga Rao, J. , which decided the earlier case. Place the papers before the Hon ble the Chief Justice for posting of the writ petition as early as possible. Pursuant to the above order of reference this petition came on lor heari

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