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1979 Supreme(AP) 393
Andhra Pradesh High Court
Judges : ALLADI KUPPUSWAMI, CHENNAKESAVA REDDY, P.A.CHOUDHARY
M.Narasimha Rao - Appellant
Versus
Secretary to the Government Medical and Health Department Government Of A.P. - Respondent
Decided On : 12-02-79
Reservation of seats for in-service candidates in post-graduate medical courses is permissible if the classification is reasonable and the reservation is not excessive.
Headnote:
MEDICAL ADMISSION - POST GRADUATE COURSES - RESERVATION OF SEATS - CLASSIFICATION OF IN-SERVICE CANDIDATES - REASONABLENESS - EXCESSIVE RESERVATION - VIOLATION OF ARTICLE 14 - VALIDITY OF RULES.
Fact of the Case:
The main question that arises in these writ petitions is whether R. 2 (2) of the Rules for admission to Post- graduate courses in the Medical colleges of Andhra Pradesh State contained in G. O. Ms. 624 M and H D/- 2 6/09/1979 (referred to in this judgment as the Rules) whereby 50% of the seats in certain subjects and 30% of the seats in all other subject are reserved for the in- Service candidates who are appointed to the Andhra Pradesh Medical Services violates Article 14 of the Constitution and is therefore illegal and void?
Finding of the Court:
The court held that the classification of in-service candidates is reasonable in the circumstances of the case and bears a just relation to the object of the rules. However, the reservation of 50% of seats in certain subjects and 30% in other subjects for the in-service candidates is excessive and wholly out of proportion to the number of in -service candidates eligible for admission, as compared to the total number of applicants.
Issues: 1. Whether the classification of in-service candidates for the purpose of reservation of certain seats is a reasonable classification? 2. Whether the reservation of 50% of seats in certain subjects and 30% of seats in all other subjects for the in-service candidates is excessive and arbitrary?
Ratio Decidendi: 1. The classification of in-service candidates as a separate category for the purpose of reservation is eminently reasonable as it is the State Government which finances the medical colleges as well as the Medical Service that are remanded (sic) in the State. The main object of the reservation of seats in favour of persons in the Andhra Pradesh Medical Service is to see that graduate doctors in service complete their post-graduation courses and thereby be of greater service to the people for whose benefit the medical service is constituted. 2. The reservation of 50% of seats in certain subjects and 30% of seats in other subjects for the in-service candidates is excessive and arbitrary as it defeats the object of securing best possible students for admission to the medical colleges.
Final Decision: The court struck down rule 2 (2) of the rules as violative of Art. 14 of the Constitution on the ground that reservation for in- service candidates though based on reasonable classification, is excessive and arbitrary.
( 1 ) THE main question that arises in these writ petitions is whether R. 2 (2) of the Rules for admission to Post- graduate courses in the Medical colleges of Andhra Pradesh State contained in G. O. Ms. 624 M and H D/- 2 6/09/1979 (referred to in this judgment as the Rules) whereby 50% of the seats in certain subjects and 30% of the seats in all other subject are reserved for the in- Service candidates who are appointed to the Andhra Pradesh Medical Services violates Article 14 of the Constitution and is therefore illegal and void?
( 2 ) WHEN two of the above writ petitions came up for hearing before a Division Bench of this court, reliance was placed by the State Government on the decision of a Division Bench of this Court in K. Ramakrishna v. Director of Medical service, AIR 1979 Andh Pra 223 where it was held that a similar rule in the earlier year was valid and not violative of Article 14 of the Constitution. As it was felt that this decision required re- consideration, these matters have been posted before the Full Bench. The division Bench which directed the cases to be posted before a Full Bench also observed that as the entire case was posted before the Full Bench, it would be open to the parties to urge all other points in support of their respective contentions.
( 3 ) UNDER the rules, the state is divided into three areas, namely (1) Osmania University and Kakatiya University, (1) Andhra University and Nagarjuna University; and (3) Sri Venkateswara University. Annexure-I to the rules gives the number of seats are divided into three areas. The seats are divided into four groups as follows:- Group1: Non- clinical; Group 2: Medicine; Group 3: Surgery; Group 4: Obstetrics and Gynaecology. A part from these four groups there are 9 courses of which 7 are state- wide courses. Of these, serial Nos. 4 to 9 are described as super- specialities.
( 4 ) ADMISSIONS to 85% of the seats are reserved in favour of local candidates as provided in the Andhra Pradesh Educational Institutions (Regulation of Admissions) order 1974
( 5 ) RULE 2 deals with special reservations. Under Rule 2 (1) (a) 14%, 4% and 25% of the total number of seats available both in degree and diploma courses shall be reserved for Scheduled castes, Scheduled Tribes and Backward classes respectively in the subjects specified in Rule 1 (a ). In all, 43% of the seats are reserved for Scheduled Castes, Scheduled Tribes and Backward classes which are for convenience, referred to as "weaker sections" in this judgement.
( 6 ) RULE 2 (1) (b) however states that no observation shall be followed in respect of state- wide courses and super- specialties. Rule 2 (2) is as follows:- 50% of the seats in the following subjects and 30% of the seats in all other subjects shall be reserved for the in service candidates who are appointed in Andhra Pradesh Medical Services. candidates selected in reserved quota and in open competition shall be counted for this purpose. Anatomy; Physiology; Biochemistry; Pathology; Pharmacology; Microbiology; Forensic Medicine. Social and preventive Medicine community:- Medicine and public Health. N. B. (I) * * * (ii) Any fraction of 5 above shall be counted as one. Rule 5 deals with eligibility and is as follow: 5 (a) "candidates who have passed M. B. B. S. Examination of one of the Universities of the State or any other University recognised as equivalent thereto and who would be competing their compulsory rotating internship by the date to be notified by the chairman of the Selection Committed every year before the Entrance test, are eligible to apply, subject to the fulfillment of the conditions Stipulated in Rule 3. . (b) Applicants who are already post- graduate degree holders in a subject or admitted and registered for a post graduate degree in a subject shall not be considered for selection for post- graduate degree in another subject. (c) Applicants who are already post- graduate diploma holders in a subject shall not be c
