N. T. R. University of Health Sciences vs Dubbasi Praveen Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(AP) 844

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
G. Chandraiah and M.S.K. Jaiswal, JJ.
Dr. N.T.R. University of Health Sciences – Appellant
Versus
Dubbasi Praveen Kumar and Ors. – Respondents
W.A. Nos. 733, 735, 736, 738, 739, 740 of 2014
Decided On : 20-03-2015

Advocates Appeared:
For the Appellant : A. Prabhakar Rao, Standing Counsel and G.P.
For the Respondent: Bojja Tarakam, Senior Counsel, J. Ramachandra Rao, V. Ravinder Rao and V. Venugopala Rao.

Headnote:
Education and university – Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 – Section 3 – Admissions – Selection Procedure – Backward Class and Scheduled Caste categories – Admission is to the postgraduate medical courses – Challenging the said common order, Governments of State of Andhra Pradesh and State of Telangana filed the other appeals in W.A – Heard learned Standing Counsel for the appellant - Health University, represented by its Vice-Chancellor, learned Government Pleaders for Medical, Health and Family Welfare for the appellants in W.A. for Governments of the State of Telangana and the State of Andhra Pradesh respectively and Sri Bojja Tarakam, learned Senior Counsel and Sri V. Ravinder Rao for contesting respondents - writ petitioners – Petitions are M.B.B.S. graduates belonging to Backward Class - (C) and Scheduled Caste categories and some of them are in Government service they appeared for entrance examination for admission to medical postgraduate courses conducted by Health University for the academic year 2013-14 and remained unsuccessful in securing admissions, though they could secure ranks. preparation of seat matrix and the selection procedure is governed by G.O.Ms. Health, Medical and Family Welfare (El) Department and writ petitioners have questioned certain clauses in said G.O. Before recording the grievance and contentions of the respective parties and conclusions arrived by the learned single Judge, for better appreciation, it is necessary to note the relevant portion of G.O – Held, Under the relevant provision, which stipulates placement of amended rules before the House Committee, no default clause is provided and in such an event, the provision has to be taken only as a directory and not mandatory, because for the default on the part of the authorities in complying with the rules, the selected candidates who are pursuing the courses after facing the selection procedure, cannot be made to suffer – Principle enunciated by the Apex Court while considering different categories of posts under civil services in the Rameshrams case (2 supra), the excerpts of which, were extracted above, can be made applicable. Further, as laid down in Ritsh R Shah case (1 supra), the displaced reserved category candidate shall be allotted the seat in any course, in whichever college the same is available for the said category – Appeals Allowed.

JUDGMENT :

G. Chandraiah, J.

1. Writ Appeal Nos. 733, 735 and 739 of 2014 have been filed by the Dr. N.T.R. University of Health Sciences (for short 'the Health University') against the common order dated 16.4.2014 passed by the learned single Judge in W.P. Nos. 20283, 20362 and 21547 of 2013. Challenging the said common order, the Governments of State of Andhra Pradesh and the State of Telangana filed the other appeals in W.A. Nos. 736, 738 and 740 of 2014. Heard Sri A. Prabhakar Rao, learned Standing Counsel for the appellant - Health University, represented by its Vice-Chancellor, learned Government Pleaders for Medical, Health and Family Welfare for the appellants in W.A. Nos. 736, 738 and 740 of 2014 for Governments of the State of Telangana and the State of Andhra Pradesh respectively and Sri Bojja Tarakam, learned Senior Counsel and Sri V. Ravinder Rao for the contesting respondents - writ petitioners.

2. As the issue involved in all the writ appeals is common and they arise out of the common order passed by the learned Single Judge, they are heard together and are being disposed of by this common judgment.

3. The writ petitioners in all the writ petitions are M.B.B.S. graduates belonging to Backward Class - (C) and Scheduled Caste categories and some of them are in Government service. They appeared for entrance examination for admission to medical postgraduate courses conducted by Health University for the academic year 2013-14 and remained unsuccessful in securing admissions, though they could secure ranks. The preparation of seat matrix and the selection procedure is governed by G.O.Ms. No. 43 Health, Medical and Family Welfare (El) Department dated 13.3.2013 and the writ petitioners have questioned certain clauses in said G.O. Before recording the grievance and contentions of the respective parties and conclusions arrived by the learned single Judge, for better appreciation, it is necessary to note the relevant portion of G.O.Ms. No. 43 dated 13.3.2013 as under:

I. PREPARATION OF THE SEAT MATRIX:

The Dr. NTR University of Health Sciences shall prepare the seat matrix for the Competent Authority seats as per the guidelines given below:--

a. The reservations to SC, ST and BC shall be 15, 6 and 29 % in each broad specialty in each University area.

b. The number of seats for SC. ST and BCs shall be maintained as per reservations in each broad specialty in each University area.

c. The 29% of seats for BCs shall be distributed as BC.-A - 7%, BCB - 10%, BC - C - 1%, BC - D - 7% and BC-E-4%.

d. The seats for BCs shall be allotted as per the percentage of reservation limiting to 29%. In determining the number of seats for each sub group, the highest fraction shall be counted as one followed by the next highest one and so on.

e. The reservations for BC sub groups shall be maintained broad specialty wise as far as possible, when a seat cannot be earmarked for a sub group, the seat shall be allotted to any BC sub group by merit.

f. When the number of seats in a broad specialty for BC is 1 or 2, the BC seats shall be allotted to any sub-group on merit.

g. When the number of BC seats in a broad specialty and in a college are 4 or more than 4 at least one seat shall be allotted to each sub group of BCs as per percentage of sub group reservations.

h. When the seats for all the BC sub groups cannot be allotted in a college, the seats to sub groups shall be rotated among the colleges every year.

i. 30% of seats in clinical broad specialty and 50% of the seats in pre and para clinical broad specially for Degree and Diploma broad specialty separately are reserved for in-service candidates under service quota. The reservations to SC, ST and BC shall be followed in clinical and non-clinical broad specialty. The principle of reservation and merit needs to be followed for in-service candidates. Candidates selected on merit in respective category shall be however counted against service quota. Service rendered shall be calculated as per date specified by

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2015 Supreme(AP) 844

Cases Referred (12)