Back
1958 Supreme(AP) 202
Andhra Pradesh High Court
Judges : P.CHANDRA REDDY, P.SATYANARAYANA RAJU
Kumari Akhtar - Appellant
Versus
Admission Committee represented by the Principal, Osmania Medical College, Hyderabad and Anr. - Respondent
Decided On : 11-28-58
The principle of legal or equitable estoppel applies when a person has been led to believe that a certain state of affairs exists and has acted on that belief to their detriment.
Headnote:
CONSTITUTIONAL LAW - ARTICLE 226 - WRIT OF MANDAMUS - RESERVATION OF SEATS FOR STUDENTS FROM MARATHWADA AREA IN MEDICAL COLLEGES IN ANDHRA PRADESH - WITHDRAWAL OF RESERVATION AFTER SELECTION OF CANDIDATES - APPLICABILITY OF PRINCIPLE OF LEGAL OR EQUITABLE ESTOPPEL.
Fact of the Case:
The petitioner, a student from the Marathwada area, applied for admission to a medical college in Andhra Pradesh under a reservation of seats for students from that area. She was selected for admission, but the reservation was subsequently withdrawn before the academic year began. The petitioner challenged the withdrawal of the reservation, arguing that it was unfair to her as she had already been selected for admission.
Finding of the Court:
The court held that the withdrawal of the reservation was unfair to the petitioner as she had already been selected for admission. The court also held that the principle of legal or equitable estoppel applied to the case, as the petitioner had been led to believe that she would be admitted to the college if she met the selection criteria.
Issues: Whether the withdrawal of the reservation was unfair to the petitioner.
Ratio Decidendi: The court held that the withdrawal of the reservation was unfair to the petitioner as she had already been selected for admission. The court also held that the principle of legal or equitable estoppel applied to the case, as the petitioner had been led to believe that she would be admitted to the college if she met the selection criteria.
Final Decision: The court allowed the petition and directed the government to consider the petitioner's application for admission to one of the two medical colleges.
( 1 ) THIS is a petition under Article 226 of the Constitution for the issue of a Writ of mandamus directing the respondents to consider the application of the petitioner and pass order thereon.
( 2 ) THE Principal of Osmania Medical College, Hyderabad catled for applications for admission into the two Medical Colleges in the city of Hyderabad, the last date for the receipt of applications being 25-6-1958. The petitioner, who secured 59 per cent of marks in Part III of the Intermediate Examination consisting of Physics, Chemistry and Biology, applied for a seat in answer to that notification. She was one of those who were interviewed by the Selection Committee and was awaiting receipt of orders. She seems to have been selected for admission into the college. It is stated in the affidavit filed in support of the petition and which is not denied by the respondents that she secured the ninth rank in the list of candidates selected from the Marathwada area.
( 3 ) AT this stage, it is convenient to recapitulate the circumstances under which the reservation came to ho made for the students belonging to this area which once was a part of the erstwhile Hyderabad State and was subsequently included in the Marath-wada-Bombay State. Consequent on the reorganization of States in 1956, the State of Andhra Pradesh reserved 10 per cent of seats available on 1-11-1956 in Osmania and Gandhi Medical Colleges for students coming from the Marathwada area pursuant to the Government of Indias notification No. 21/i/57/shr SR (R)-I dated 9-6-1957 for a period of two years. This reservation was given effect to in the year 1957-58. Meanwhile, the State of Andhra Pradesh represented to the Union Government that the reservation made for the Marathwada area should be cancelled for the reason that there was no corresponding reservation made in the Bombay Medical Colleges. While the correspondence was going on with the Bombay and Union Governments with regard to the cancellation of allotment of seats, the above-mentioned notification was issued and students belonging to the Marathwada area submitted their applications to the Principal.
( 4 ) AFTER the interview of the petitioner by the Selection Committee but before the actual publication of the results, a communication was received by the Government of Andhra Pradesh from the Union Government to the effect that the proposal of the former was accepted. On the strength of this, the Government of Andhra Pradesh issued a press notification which was published on 2-8-1958 to the effect that the reservation in favour of the candidates from the Marathwada area was withdrawn. A few days thereafter i. e. , on 7-8-1958, the applications of candidates from the Marathwada area were sent to the Government of Bombay as also a list of provisionally selected candidates.
( 5 ) ABOUT two weeks later, the Government of Bombay issued a press note in the following words: "since the concession of admission to the two Medical Colleges at Hyderabad has been withdrawn, it has been brought to the notice of the Government that some students of the Marathwada domicile studying in the institutions in Telangana, who had applied for admission in the two Medical Colleges in Hyderabad against reserved seats have been refused admission. It has been therefore decided to admit such students to the Aurangabad Medical College. Students who have passed the Pre-Professional Course or Inter Science examinations of the Osmania University from institutions in Telangana and area of Marathwada domicile are requested to apply to the Principal, Aurangabad Medical College for admission in the prescribed application form before 27-8-1958. Application forms will be supplied by the Principal, Medical College, Aurangabad, on request; preference will be given to students who have passed the Pre-Professional course of the Osmania University. Any seats left vacant thereafter will be given to those students who have passed the Inter Science Ex
