1970 Supreme(AP) 257

Andhra Pradesh High Court
Judges : A.L.VAIDYA, SHARFUDDIN AHMED
Nookavarapu Kanakadurga Devi - Appellant
Versus
Kakatiya Medical College - Respondent
Decided On : 11-24-70

Headnote:

KAKATIYA MEDICAL COLLEGE - ADMISSION - 15 YEARS DOMICILE IN TELANGANA REGION - RULE OF THE SOCIETY - WHETHER ARBITRARY, UNCONSTITUTIONAL AND UNREASONABLE - WHETHER VIOLATES EQUALITY BEFORE LAW - WHETHER THE KAKATIYA MEDICAL COLLEGE IS A STATE WITHIN THE MEANING OF ART. 12 OF THE CONSTITUTION - WHETHER THE RULE OF 15 YEARS DOMICILE INFRINGES ART. 14 OF THE CONSTITUTION - WHETHER THE SELECTION COMMITTEE HAS JURISDICTION TO QUESTION THE DOMICILE OF THE PETITIONER - WHETHER THE SELECTION COMMITTEE HAS GIVEN REASONS FOR DISBELIEVING THE EVIDENCE ADDUCED BY THE PETITIONER - WHETHER THE EVIDENCE PRODUCED BY THE PETITIONER WAS SUFFICIENT FOR ANY REASONABLE MAN TO REACH THE CONCLUSION THAT THE PETITIONER HAD THE NECESSARY DOMICILE.

Fact of the Case:

The petitioner, a woman student, applied for admission to the Kakatiya Medical College, a college run by the Regional Medical Education Society, Warangal in the first year M.B.B.S. of the five-and-half year integrated course. The petitioner was born at Vijayawada on the 10/06/1951 and in 1954 she along with her mother started living with her maternal grandfather, Lingam Venkaiah, at Kundanapalli in Adilabad District. The grandfather was working as a contractor with M/s. Sashikant Karsonji and Co. from 1954 to 1959. From the year 1959 onwards till 1962 he had been working as a contractor to the Singarent Collieries Company at mandamarri and Ramagundam. The petitioner was born at Vijayawada when her maternal grand-father was living there. It is stated the maternal grand-father is living in Telangana from 1954 onwards as stated above. The petitioner and her mother moved from Vijayawada t Telengana along with her grand-father as the petitioners father, Nagabhushana Rao, had, by the year 1954, ceased to take any interest in the petitioner or her mother. In the year 1962, the grand-father purchased 10 acres of cultivable land at Kundanapalli near Ramagundam and constructed a house in the same place in the year 1968 and thus settled down at Kundanapalli in Karimanagar District The grand-father has been acting as the guardian and caretaker of the petitioner from her childhood. The grand-father who was previously a school teacher under the Krishna District Board got the petitioner educated at home upto 1961. In the year 1961, he got the petitioner admitted into the 5th standard at Mandamarri Zilla Parishad Middle School where the petitioner studied upto the year 1963. As there was no 8th class at Mandamarri and as the grand-father was anxious to get the petitioner admitted in a Montesori School, he got her admitted into the Childrens Montessori High School, Vijayawada. in 1963. The petitioner, studied in that high school upto 1967, when the she passed her S.S.L.C. Public Examination. During this period the petitioner was staying at the hostel attached to the High School and was being maintained and looked after by her grand-father. After finishing her S.S.L.C. the petitioner joined the Raja Bahadur Venkatrama Reddy Womens College, Hyderabad, and studied Pre-University course during 1967-69 and passed the P.U.C. examination in second division in December, 1969. It is stated in the affidavit that it is on the basis of the aforesaid facts that the petitioner applied to the Principal, Kakatiya Medical College, Warangal, for admission into the first year integrated M.B.B.S. course for the year 1969-70. It is averred that her application was accompanied by all the necessary certificates including the Domicile Certificate issued by the Collector, Karimanagar, and a certificate issued by the M.L.A. of that place testifying to the fact that the petitioners grand-father had lived for a total period of 15 years in that place. The petitioner paid all the fees and was admitted to the entrance examination with her Roll No. 255, but she was rejected admission into the medical college through a communication dated the 4/06/1970 sent by the Principal of that College. The aforesaid communication states that the evidence produced by the petitioner on the 6/04/1970 in support of her nativity of 15 years residence in Telangana region was not fully convincing to the Selection Committee and therefore her application for admission into the M.B.B.S. course was rejected.

Finding of the Court:

The court found that the Regional Medical Educational Society and the Kakatiya Medial College not being within the definition of "state" the provisions of Art. 14 (9f the Constitution are not applicable. The court also found that the reservation of 140 of the seats domicile in the Telangana region is based on a reasonable classification. The court further found that the Selection Committee has considered all the evidence produced before it and has come to the conclusion that the evidence was not sufficient to hold that a particular applicant did have the necessary qualification of residence.

Issues: 1. Whether the Kakatiya Medical College is a "state" within the meaning of Art. 12 of the Constitution? 2. Whether the rule of 15 years domicile infringes Art. 14 of the Constitution? 3. Whether the Selection Committee has jurisdiction to question the domicile of the petitioner? 4. Whether the Selection Committee has given reasons for disbelieving the evidence adduced by the petitioner? 5. Whether the evidence produced by the petitioner was sufficient for any reasonable man to reach the conclusion that the petitioner had the necessary domicile.

Ratio Decidendi: 1. The Regional Medical Educational Society and the Kakatiya Medial College not being within the definition of "state" the provisions of Art. 14 (9f the Constitution are not applicable. 2. The reservation of 140 of the seats domicile in the Telangana region is based on a reasonable classification. 3. The Selection Committee has considered all the evidence produced before it and has come to the conclusion that the evidence was not sufficient to hold that a particular applicant did have the necessary qualification of residence.

Final Decision: The writ petition is dismissed, but there will be no order as to costs.