The Presidential Order of 1974 and the instructions issued by the State Government in pursuance thereof prevail over any other law, including the Rules of Admission contained in G.O.Ms. No. 549, dated 6-9-1983, to the extent of inconsistency.

ORDER:-The controversy raised in this writ petition relates to the method of implementation of the rule of reservation in favour of local candidates, in the matter of admission to Post-Graduate Medical Courses. Since the said rule of reservation is made in several other courses of study as well, the issue has acquired certain general importance.

2. Clause (1) of Art.371-D of the Constitution empowers the President to provide, by order, for equitable opportunities and facilities for the people belonging to different parts of the State in the matter of public employment and education, having regard to the requirements of the State, as a whole. Sub-clause (b) of clause (2) says that, the President may, while issuing an order under clause (1), specify any part or parts of the State which shall be regarded as the 'local area', inter alia, for the purpose of admission to any University within the State, or to any other educational institution which is subject to the control of the State Government, while sub-clause (c) empowers him to specify the extent to which, the manner in which, and the conditions subject to which preference or reservation shall be given or made, inter alia, in the matter of admission to any such University or institution, in favour of candidates who have resided or studied for any period specified in the order, in the local area in respect of such University or other institution, as the case may be.

3. In pursuance of clauses (1) and (2) of Art.371-D, the President made and issued the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974, which came into force with effect from July 1, 1974. Paragraph 2 of this order defines the several expressions, including 'local area', 'local candidate', 'State-wide educational institution', and 'State-wide University'. Paragraph 3 specifies three local-areas into which the entire State is divided. Paragraph 4 specifies the conditions which must be satisfied before one can be treated as a local candidate, Paragraph 5 provides for reservation in favour of local candidates in non-State-wide Universities and Educational Institutions. (The State-wide institutions are mentioned in the Schedule to the Order, and the Medical Colleges in the State are not among those notified in the Schedule). According to Paragraph 5 (1) "admissions to eighty-five per cent of the available seats 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 other educational institution."

4. It is not necessary to notice subparagraph (2) of Paragraph 5 for the purpose of this writ petition. Paragraph 6 deals with reservation in State-wide Universities and State-wide educational institutions and, therefore, need not be considered here.

5. Paragraph 8 is relevant for the present purpose. It says that, the President may require the State Government to issue appropriate directions for the purpose of giving effect to the Presidential Order, and shall also ensure that they are implemented. It may be set out in full:-

"8. Power to authorise issue of directions:

(1) The President may, by order, require the State Government to issue such directions as may be necessary or expedient for the purpose of giving effect to this order to any University or to any other educational institution subject to the control of the State Government; and the University or other educational institution shall comply with such directions.

(2) The State Government may, for the purpose of issuing any directions under sub-paragraph (1) or for satisfying itself that any directions issued under that sub-paragraph have been c