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Andhra Pradesh High Court
Judges : K.A.SWAMI
Cipai Subrahmanyam - Appellant
Versus
University of Health Sciences, A.P.rcptd.by its Registrar, Patamata, Vijajawada - Respondent
Decided On : 12-07-88
ARTICLE 371-D - RESERVATION IN ADMISSIONS - A. P. EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSIONS) ORDER, 1974, RULE 5 - INTERPRETATION - PROVISO TO RULE 5 - STATE-WIDE UNIVERSITY - UNIVERSITY OF HEALTH SCIENCES - INTERPRETATION OF RULE 6 - GENITO URINARY SURGERY COURSE - INTERPRETATION AS STATE-WIDE COURSE - SUMMARY
Fact of the Case:
Petitioner, a candidate from the Rayalaseema region, challenged the non-allocation of a seat in the M. Ch. (Genito Urinary Surgery) Course at Osmania Medical College, despite securing the 6th rank in the entrance exam. He argued that one seat should be reserved for candidates from the Rayalaseema region based on Article 371-D of the Constitution and Rule 6 of the A. P. Educational Institutions (Regulation of Admissions) Order, 1974.
Finding of the Court:
The court held that the petitioner's contention was not supported by the plain language of Rule 5 and its proviso, which clearly stated that 85% of seats in every course of study provided by the University shall be reserved for local candidates and that there shall be at least one unreserved seat. The court also found that the University of Health Sciences, which controlled the Osmania Medical College, was not defined as a "state-wide University" under the Order and therefore Rule 6 did not apply to the case.
Issues: 1. Whether the petitioner was entitled to a reserved seat in the M. Ch. (Genito Urinary Surgery) Course based on his regional affiliation under Article 371-D of the Constitution and Rule 6 of the A. P. Educational Institutions (Regulation of Admissions) Order, 1974? 2. Whether the University of Health Sciences was a "state-wide University" and therefore subject to Rule 6 of the Order?
Ratio Decidendi: 1. The court interpreted Rule 5 and its proviso strictly, holding that the plain language of the rule did not support the petitioner's contention for a reserved seat based on regional affiliation. The court found that the rule clearly stated that 85% of seats were reserved for local candidates and that there should be at least one unreserved seat. 2. The court held that the University of Health Sciences was not a "state-wide University" as defined under the Order and therefore Rule 6, which provided for reservation in state-wide universities, did not apply to the case.
Final Decision: The court dismissed the petition, finding no merit in the petitioner's arguments. It also observed that the Genito Urinary Surgery Course should be considered a state-wide course and that the State Government should take steps to amend the Schedule of the Presidential Order accordingly.
( 1 ) THE petitioner Dr. C. Subrabmanyam appeared for the entrancetest for admission into M. Ch. (Genito Urinary Surgery) Course conducted on 11-6-1988. Tre results were published on 25-6 1988 and the petitioner secured 6th rank. Only three seats are available in this course of study out of which are allotted to Osmania Medical College and one to Andhra medical Ccllcgc, Visakhapatnam. As per the provisions of the Presidential order out of two seats in Osmania Medical College one seat shall go to a local candidate. Only one seat is available for open competition. Dr. Madhukar who secured 4lh rank was given the reserved seat in Osmania medical College as he hails from the Telangana region and Dr. Subba Rao who secured 1st Rank WES given the unreserved seat in Osmania Medical college as he opted for a feat in Osmania Medical College. Dr. Muralikrishna who secured 2nd rank was given the seat in Andhra Medical College as he hails from the Andhra Region. Aggrieved by the non-allocation of a seat to the petitioner he filed this writ petition.
( 2 ) THE main submission of Sri C. P. Sarathy, he learned counsel forthe petitioner, is that the petitioner hails from the Rayalaseema region and as per the spirit and the provisions of Article-371-D of the Constitution one seat must be reserved for candidates belonging to the Rayalaseema region. He also submitted that Osmania Medical College and the Andhra Medical college are under the control of University of Health Sciences which came into existence by A. P. Act 6 of 1986 as amended by Act 6 of 1987 and are state-wide universities. Therefore, the courses under its control must be treated as State-wide course and ucder Rule 6 o. f the A. P. Educational institutions (Regulation of Admissions) Order, 1974 there should be reservation in favour of each region.
( 3 ) TO appreciate this contention, it is necessary to refer toart. 371-D of the Constitution which reads as under :"article 371-D. 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 belongin 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, or, 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 State which shall be regarded as the local area ; (It is not necessary to refer the other provisions of Article 371-D ). Rule 3 of the A. P. Educational Institutions (Regulation of Admissions) order, 1974 defines the local area of the Universities mentioned therein. Rule 4 defined the local candidates. Rule 5 which is relevant for the purpose reads a? follows :"5. Reservation in non-State-wide Universities and educational institutions : (1) Admissions to eighty-five percent of the available scats in every course of study provided by the Andhra University, the nagarjuna University, the Osmania University, the Kakatiya university or Sri Venkateswara University or by any other educational institution (other than a State-wide University or a state-wide educational institution) which is subject to 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 ether educational institution. (2) While determining under sub-paragraph (1) the number of seats to be reserved in favour of local candidates any fraction of a s
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