V. Ramasubramanian, J.

1. While the relief sought in two of the present writ petitions is for a Mandamus to direct the Convener for Admissions into medical and dental courses in the State of Andhra Pradesh, to follow the reservation for local candidates, as stipulated in the Presidential Order, 1974 even for admissions to B-category seats, the prayer in one writ petition is to direct the respondents not to admit those who have not taken NEET-2016 into medical courses for the current academic year.

2. Heard Mr. D.V. Nagarjuna Babu and Mr. Janardhana Reddy Ponaka, learned counsel for the petitioners, learned Government Pleader for Medical, Health & Family Welfare for the State of Andhra Pradesh, Mr. Taddi Nageswara Rao, learned standing counsel appearing for Dr. NTR University of Health Sciences, and Mr. C.V. Mohan Reddy, learned senior counsel appearing for the Convener as well as the Association of Managements of Private Medical and Dental Colleges.

3. Insofar as W.P.No.30106 of 2016 is concerned, the same is capable of being disposed of without much debate. Therefore, we take it up first for disposal.

4. The main grievance of the petitioner in this writ petition is that without the State Government issuing a notification as per the consensual agreement between the State Government and the Association, the respondents have proceeded with the process of admission. His another grievance is that persons, who have either not participated in NEET-2016 or who have secured a lower rank in NEET-2016, have been selected for admission.

5. After finding that no notification was issued as per the consensual agreement, we directed by way of an interim order, the Association of Managements, to file a list of candidates, who have been selected for admission to B-category seats. A list was, accordingly, furnished, containing the names of the candidates, their roll numbers and the marks secured by them in NEET-2016. From the list so furnished, the learned counsel for the petitioner is unable to point out a single case, of any one, who has not taken NEET-2016 or who has secured a lower rank in NEET-2016, being included. Therefore, the second point raised in the writ petition falls to ground. Insofar as the first point is concerned, the issuance of a notification, in pursuance of the consensual agreement, is only procedural in nature. In case no notification is issued up to 30th September, it is not as though all admissions would come to a grinding halt. Therefore, the first contention is not legally tenable and W.P.No.30106 of 2016 is liable to be dismissed.

6. The issue raised in the other two writ petitions is that the Association of Managements of Private Colleges is obliged to follow the Presidential Order, 1974 for admissions to B-category seats. In other words, the contention of the petitioners is that the Managements of Private Medical and Dental Colleges are entitled to admit students to B-category seats, only if two conditions are satisfied, namely,

(a) that they have secured a good rank in NEET-2016, and (b) that they also satisfy the requirement of being a local candidate as per the Presidential Order. In simple terms, the contention of the petitioners is that no candidate, who does not belong either to the State of Andhra Pradesh or to the State of Telangana, as the case may be, can be admitted to B-category seats, merely on the basis of the ranks secured in NEET-2016. This, according to the petitioners, is the dictum of Article 371D of the Constitution, the Presidential Order, 1974 issued pursuant thereto, and the Rules framed thereafter.

7. We have carefully considered the above submissions.

8. It is true that by the 32nd amendment to the Constitution, Article 371D was inserted, enabling the President, to make with respect to the State of Andhra Pradesh, by order, certain special provisions to enable equal opportunities and facilities to be granted for the people belonging to different parts of the State, in the matter of public empl