Back
2016 Supreme(AP) 327
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN, ANIS, JJ.
Miriyala Priya Darshini - Petitioner
Vs.
The State of Andhra Pradesh, rep. by its Principal Secretary, Health Medical and Family Welfare Department A.P Secretary Buildings, Hyderabad & Others – Respondents
Writ Petition Nos. 23893, 25853, 26022, 26029, 26035, 26141, 26233, 26238, 26261, 26275, 26393, 26414, 26424 & 26491 of 2016)
Decided On : 11-08-2016
For the Appellant : Sri. B. Sesi Bushan Rao
For the Respondent: G.P for Medical & Health, Sri. Taddi Nageswara Rao
Headnote:
Education Law – Constitution of India, 1950 – Article 371-D – Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 – Examination –Allotment of seats Admission – Petitioners in all these writ petitions appeared for AP-EMCET, 2016 for admission to undergraduate medical courses – Claimed by petitioners that they secured sufficiently high rank so as to entitle them for the allotment of seats in undergraduate medical courses – President of India issued an order known as Order, 1974, in exercise of the powers conferred by Clauses (1) and (2) of Article 371-D of Constitution and the same was published in the Gazette of India bearing No. G.S.R. 590(E), This Presidential Order was re-published by the State of Andhra Pradesh in G.O.Ms, General Administration (SPF & MC) Department – whether a candidate could take to the State of migration, his social backwardness had to be considered by the concerned departments and that therefore, in these three cases, the petitioners were found ineligible to be treated as persons belonging to BC-A or BC-D – Held, It is true that a particular caste, which is recognized as a backward class or scheduled caste or scheduled tribe in a particular State, need not necessarily be recognized as such in another State. The law is well settled that people cannot carry their social backwardness wherever they go – question of migration itself may not arise. Whenever a State is bifurcated into two and a native of the combined State chooses one of the two newly formed States, he cannot be said to be migrating from one State to another, in the strict sense of the term – It is actually a question of a person who was a native of one State, but was brought up in another State, getting back to his own native State. Hence, the principle that one may loose his community status upon migration cannot apply to persons who were having valid community certificates issued by the concerned departments in the regions that now form part of Andhra Pradesh itself – Directing the respondents to treat the petitioners not only as local candidates, but also as candidates belonging to the respective reserved communities, provided the community certificates produced by them had been issued by a competent authority of the region, that now form part of the State of Andhra Pradesh even after bifurcation – Writ petitions disposed of.
V. RAMASUBRAMANIAN, J.
The petitioners in all these writ petitions appeared for AP-EMCET, 2016 for admission to undergraduate medical courses. It is claimed by the petitioners that they secured sufficiently high rank so as to entitle them for the allotment of seats in undergraduate medical courses.
2. The President of India issued an order known as Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, in exercise of the powers conferred by Clauses (1) and (2) of Article 371-D of the Constitution of India and the same was published in the Gazette of India bearing No. G.S.R. 590(E), dated 09.06.2016 This Presidential Order was re-published by the State of Andhra Pradesh in G.O.Ms No. 132, General Administration (SPF & MC) Department, dated 13.06.2016
3. By the aforesaid Presidential Order, a sub-paragraph, namely, sub-paragraph (3) was inserted, after sub-paragraph (2) but before the Explanation, under paragraph 4 of the 1974 Presidential Order. This newly inserted sub-paragraph (3) reads as follows:
(3) Notwithstanding anything contained in sub-paragraph (1) or (2), a candidate who migrates to any part of the State of Andhra Pradesh from the State of Telangana within a period of three years from the 2nd day of June, 2014 shall be regarded as the local candidate in the State of Andhra Pradesh at the place of his residence and be treated at par with the local candidates residing in that area, in accordance with such guidelines as may be issued by the Government of Andhra Pradesh for the purpose of education.
4. Therefore, on the basis of the aforesaid Presidential Order, the petitioners herein made representations for considering their status as local candidates, for the purpose of admission to undergraduate medical courses for the current academic year in the State of Andhra Pradesh. But the University could not take any action on the basis of the Presidential Order, in the absence of any guide-lines framed by the State of Andhra Pradesh.
5. Therefore, all these petitioners came up with the above writ petitions, seeking a mandamus to direct the respondents to treat them as local candidates, in the State of Andhra Pradesh, for the purpose of admission to undergraduate courses for 2016-17.
6. At the time when these writ petitions came up for orders as to admission, we passed interim orders, directing the respondents to treat the petitioners as local candidates, in view of the clear mandate of the Presidential Order. Though the grant of such interim order was resisted very vehemently by Sri. Taddi Nageswara Rao, learned standing counsel for the University on the ground that in the absence of any guidelines framed by the State of Andhra Pradesh, the University was not competent to take unilateral action, we pointed out that the Presidential Order laid down the substantive law, the benefit of which was available up to June 2017 to the candidates and that therefore, the absence of any procedural guidelines, can not take away the benefit conferred by the Presidential Order. However, while issuing interim directions to the University to consider the petitioners as local candidates in the State of Andhra Pradesh, we also directed the State of Andhra Pradesh to frame guidelines in the meantime.
7. Accordingly, the Government of Andhra Pradesh has issued a Circular Memo No. 4136. SPF&MC/2015-5, dated 08.08.2016 Paragraphs 4 and 5 of the said Circular Memo read as follows:
4. In pursuance of the powers vested upon in the reference 3rd cited, the Government of Andhra Pradesh, hereby issue the following guidelines in the matter:
(a) A candidate, intending to make an application for admission in Higher Educational Institutions in the State of Andhra Pradesh or an application for direct recruitment to a post to which the scheme of reservation to a local candidate residing in that area in terms of the amendments issued in the reference 4th and 5th cited, has to furnish an application along with declaration in the Forms-I &
