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2016 Supreme(AP) 284
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN & A. SHANKAR NARAYANA, JJ.
Posina Sri Satviki – Petitioner
Versus
State of Telangana Rep. by the Principal Secretary & Others – Respondents
W.P. Nos. 26478, 27189, 29445, 29471, 31558 of 2015 & 22748 of 2016
Decided On : 13-07-2016
For the Petitioners:G. Vidya Sagar, Venkateswara Rao, Gudapati, P. Girish Kumar and N. Subba Rao, Advocates.
For the Respondents: Taddi Nageswara Rao, Standing Counsel for NTR University of Health Sciences, Government Pleaders for Medical & Health for the State of Telangana, State of A.P. and B. Narayana Reddy, Assistant, Solicitor General for Central Government.
Headnote:
Education – Admission – Government fixed priorities for selection of candidates for admission to undergraduate medical courses under quota reserved for NCC candidates – The order of priority prescribed in G.O underwent change in G.O – On basis of a communication received from Deputy Director General, (AP & T), National Cadet Corps Directorate, Government issued modified orders in G.O.Ms. Health, Medical and Family Welfare (C1) Department, changing the priorities – But this Government Order did not adopt the same sequence of priorities as indicated by NCC Directorate in their communication – Therefore, assailing G.O. a batch of writ petitions came to be filed, one of which is W.P. No. 26478 of 2015, which is the first of the writ petitions on hand – While G.O. which is under challenge in W.P. related to State of Telangana, there was yet another Government Order in G.O. Higher Education (EC.A2) Department, that was followed by State of Andhra Pradesh – Sequence in which priorities were arranged for NCC candidates in G.O.Ms. by the State of Andhra Pradesh, was exactly identical to the sequence in which priorities were arranged in G.O.Ms. by State of Telangana – Therefore, a writ petition in W.P. was filed by two students, challenging the G.O.Ms. issued by State of Andhra Pradesh – Held, Once the NCC Directorate has attempted to justify the top priority given to mere participants in the Republic Day Camp at New Delhi over and above medal winners of events, it is not possible for them at the same breadth to include Guest Cadets within the priority II (b) despite those candidates not receiving any kind of training at the hands of the NCC Directorate except at the hands of eminent personalities – There are two practical impediments. The first is that the case relates to the academic year 2015-16 – Both candidates viz., writ petitioner as well as the 6th respondent have completed one year of the course of study. Any inter change will have to be approved by the Medical Council of India – Medical Council of India is not a party to writ petition – Therefore, it may not be possible for us actually to grant any relief to the writ petitioners, as it would result in upsetting certain state of things – In cases of this nature where petitioners succeed on merits, but are unable to get a relief, it is possible for the Court to award compensation. But in the given circumstances where petitioners are already undergoing a course, and also in the background of the fact that the Government order on the basis of which certain admissions were made, has come to be set at naught by this Court, we do not think it appropriate in the present case to award any compensation – However, we make it clear that for admission to under graduate medical courses for the current academic year 2016-17 under the quota reserved for NCC candidates – W.P. Nos. 27189 of 2015, 31558 of 2015 and 22748 of 2016 are allowed, W.P. No. 26478 of 2015 is dismissed as infructuous and W.P. Nos. 29445 and 29471 of 2015 are dismissed. (Paras 32 to 35)
V. RAMASUBRAMANIAN, J.
1. By G.O.Ms. No. 254 Health, Medical and Family Welfare (E1) Department, dated 28-04-1993, the Government fixed priorities for selection of candidates for admission to undergraduate medical courses under the quota reserved for NCC candidates. The order of priority prescribed in G.O.Ms. No. 254 underwent a change in G.O.Ms. No. 186 Health, Medical & Family Welfare (E1) Department, dated 31-05-2002.
2. On the basis of a communication received from the Deputy Director General, (AP & T), National Cadet Corps Directorate, Secunderabad, dated 23-04-2015, the Government issued modified orders in G.O.Ms. No. 65 Health, Medical and Family Welfare (C1) Department, dated 22-07-2015 changing the priorities. But this Government Order did not adopt the same sequence of priorities as indicated by the NCC Directorate in their communication dated 23-04-2015.
3. Therefore, assailing G.O.Ms. No. 65, dated 22-07-2015, a batch of writ petitions came to be filed, one of which is W.P. No. 26478 of 2015, which is the first of the writ petitions on hand.
4. While G.O.Ms. No. 65, dated 22-07-2015, which is under challenge in W.P. No. 26478 of 2015 related to the State of Telangana, there was yet another Government Order in G.O.Ms. No. 23, Higher Education (EC.A2) Department, dated 19-06-2015 that was followed by the State of Andhra Pradesh. The sequence in which priorities were arranged for NCC candidates in G.O.Ms. No. 23, dated 19-06-2015 by the State of Andhra Pradesh, was exactly identical to the sequence in which priorities were arranged in G.O.Ms. No. 65, dated 22-07-2015 by the State of Telangana. Therefore, a writ petition in W.P. No. 27189 of 2015 was filed by two students, challenging the G.O.Ms. No. 23, dated 19-06-2015 issued by the State of Andhra Pradesh.
5. It appears that pursuant to the interim orders passed by this Court, the writ petitioners in W.P. Nos. 26478 and 27189 of 2015 already gained admissions to Medical Courses. The interim order passed by this Court on 22-09-2015, was taken up on appeal to the Supreme Court in S.L.P. (Civil) Nos. 28129 to 28132 of 2015. On 30-09-2015, the Supreme Court ordered notice in the SLPs and passed an interim order making it clear that all admissions secured by the writ petitioners before this Court will be subject to the final decision in the writ petition and that no equity will be created in favour of the writ petitioners. Eventually, the SLPs were disposed of on 14-10-2015 reiterating the earlier order that no equity is created in favour of any of the parties.
6. In the meantime, the State of Telangana issued a Government Order in G.O.Ms. No. 75 Health, Medical and Family Welfare (C1) Department, dated 08-09-2015 in supersession of G.O.Ms. No. 65, dated 22-07-2015. By this order in G.O.Ms. No. 75, the State of Telangana scrupulously followed the same sequence in which priorities were directed to be maintained by the NCC Directorate in their communication dated 23-04-2015. Since this G.O.Ms. No. 75 changed the complexion of the game, persons affected by G.O.Ms. No. 75, who were obviously the beneficiaries of the G.O.Ms. No. 65, have come up with two writ petitions in W.P. Nos. 29445 and 29471 of 2015.
7. It is needless to point out at this stage that all the four writ petitions, the first two writ petitions challenging G.O.Ms. No. 65, dated 22-07-2015 of the State of Telangana and G.O.Ms. No. 23, dated 19-06-2015 of the State of Andhra Pradesh and the next two writ petitions challenging G.O.Ms. No. 75, dated 08-09-2015 relate to admissions to Under Graduate Medical Courses for the Academic year 2015-16. Before these writ petitions could be taken up for final disposal, the Academic year 2016-17 opened. Once the academic year 2016-17 opened, one candidate from the State of Andhra Pradesh has come up with W.P. No. 22748 of 2016, seeking a direction to the State of
