Andhra Pradesh High Court
Judges : P.CHANDRA REDDY, SRINIVASA CHARI
A.Muralidhar - Appellant
Versus
State OF A.P. - Respondent
Decided On : 10-16-58
CONSTITUTIONAL LAW - EXECUTIVE ORDERS - VALIDITY - G. OS. ISSUED BY STATE GOVERNMENT REGARDING ADMISSION TO MEDICAL COLLEGES - CHALLENGED AS UNCONSTITUTIONAL - HELD, G. OS. ARE NOT LAWS AND DO NOT REQUIRE LEGISLATIVE SANCTION - EXECUTIVE HAS POWER TO ISSUE ORDERS IN REGARD TO MATTERS NOT COVERED BY LEGISLATION - G. OS. DO NOT CONFER ANY RIGHT OR CREATE ANY LIABILITY - THEY ARE ONLY EXECUTIVE INSTRUCTIONS FOR GUIDANCE OF COMMITTEES CHARGED WITH SELECTION OF CANDIDATES - G. OS. DO NOT VIOLATE ARTICLES 14, 15, 19 OR 21 OF THE CONSTITUTION - WRIT PETITION DISMISSED.
Fact of the Case:
Petitioners, graduates of Osmania University with B. Sc. degrees, challenged the validity of G. Os. issued by the State Government regarding admission to medical colleges, alleging that they were unconstitutional and violated their rights under Articles 14, 15, 19, and 21 of the Constitution.
Finding of the Court:
The court held that the G. Os. were not laws and did not require legislative sanction, as they were only executive instructions for the guidance of committees charged with the selection of candidates. The court further held that the G. Os. did not confer any right or create any liability, and that they did not violate Articles 14, 15, 19, or 21 of the Constitution.
Issues: 1. Whether the G. Os. issued by the State Government regarding admission to medical colleges were unconstitutional. 2. Whether the G. Os. violated Articles 14, 15, 19, or 21 of the Constitution.
Ratio Decidendi: 1. The court held that the G. Os. were not laws and did not require legislative sanction, as they were only executive instructions for the guidance of committees charged with the selection of candidates. The court further held that the G. Os. did not confer any right or create any liability, and that they did not violate Articles 14, 15, 19, or 21 of the Constitution. 2. The court held that the G. Os. did not violate Articles 14, 15, 19, or 21 of the Constitution because they did not discriminate against any particular group of students, they did not deprive the petitioners of any right to practice medicine, and they were not issued by the Osmania University, which was the competent authority to make rules regarding admissions to medical colleges.
Final Decision: The writ petition was dismissed with costs.
( 2 ) BY and under the G. O. Ms. 1071 (Health) dated 26-5-58, the Government of Andhra Pradesh divided the whole State into five groups of districts for purposes of admission of students to the Government Medical Colleges in the State three in the Andhra area and two in the Telangana area. We are here concerned only with the Telangana area which was divided into two regions. Region No. 1 consisted of the twin cities o Hyderabad and Secunderabad while Region No. 2 comprised the rest of the Telangana area. Out of a total of 430 seats available for admission of candidates to the 1st year in the M. B. B. S. course in the Medical Colleges, 150 are available in Osmania Medical College and Gandhi Medical College and these seats were allotted to candidates from Telangana area. Out of them, certain seats were set apart for canidates from outside the State of Andhra Pradesh in addition to the reservations being made to schedule castes and scheduled tribes, socially and educationally backward classes and women candidates. The reservations pertinent in the present context are those made for Marathwada and Karnatak areas which formed part of the former Hyderabad State. That G. O. contained various other particulars all of which need not be detailed here. But, it is essential to note the educational qualifications prescribed for admission into the colleges. It is in these terms: " (A) A pass in the Intermediate Examination with Physics, Chemistry and Natural Science (Biology) as Optionals; or (B) A pass in the pre-professional (Pre-Medical) Examination with Physics, Chemistry and Natural Science (Biology) as Optionals; or (C) A pass in an examination recognised by the State Government as equivalent thereto. (c ). . . . . . . . . and for purposes of selection to the M. B. B. S. , Course, the total Marks obtained by the candidates in Part III (Optional) only in the Intermediate or the pre-professional (pre-medicine) examination shall be taken into account. In assessing the comparative merit of candidates, who have passed the Intermediate or the B. A. /b. Sc. Degree Examination, the benefit of higher percentage of marks obtained by them at either of these examinations shall be given to the candidate. Those who passed the qualifying examinations in the first attempt shall be given priority in selection and higher ranking. (d) Only candidates who have obtained not less than forty rive per cent of the total marks in all the subjects in the qualifying examination in respect of pre-professional Course in Medicine and in Part II (Optionals) in respect of M. B. M. S. , Course shall
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