Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(AP) 59

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
PRASHANT KUMAR MISHRA, M. SATYANARAYANA MURTHY, JJ.
Dr. Sireesha Simhadri, W/o. S. Venkat Krishna Kishore and others - Petitioners
Versus
The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Health, Medical & Family Welfare and others - Respondents
Writ Petition No.30946 of 2021 and Writ Petition No.1420 of 2022
Decided On : 01-02-2022

Advocates Appeared:
For the Petitioners: Mr. M.R.K. Chakravarthy.
For the Respondents: Mr. S. Appadhara Reddy, G.P., Mr. G. Vijaya Kumar, Standing Counsel.

Point of Law: In order to ensure equal opportunities for quality higher education to all students in the successor States, the existing admission quotas in all government or private, aided or unaided, institutions of higher, technical and medical education in so far as it is provided under article 371D of the Constitution, shall continue as such for a period of ten years during which the existing common admission process shall continue.

Headnote:
Constitution of India, 1950- Articles 14, 16, 371-D, 19 and 21 - Andhra Pradesh Reorganisation Act, 2014 - Sections 95 - Qualified in-service local candidates/Doctors - Admissions to Post Graduate Medical Courses - Respondents in issuing G.O.Ms.No.703, Health, Medical and Family Welfare Department (C1) dated 13.12.2021, so far as it relates to denial of opportunity to the qualified in-service local candidates/Doctors (Petitioners) who served in Government Health Institutions in Andhra Pradesh and Telangana State while reserving 50% of the seats in the State Government quota, 30% of clinical and 50% of non-clinical seats exclusively to the service candidates serving in Government Health Institutions in the State of Andhra Pradesh alone. Challenge is also drawn - Constitution of India and Section 95 of the Andhra Pradesh Reorganisation Act, 2014 and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974 and to set aside the same to the extent indicated and consequently direct the respondents to implement the reservation for the qualified local in-service candidates/Doctors.
Finding of the Court:
Common admission process shall continue as such for a period of ten years. The focus in the legislative wisdom under Section 95 of the 2014 Act is for continuation of the existing common admission process in relation to the existing admission quota in all government or private, aided or unaided, institutions of higher, technical and medical education. As a result, both the States are obligated in law to continue the existing common admission process for a period of ten years in the field relating to medical education amongst others - appears paradoxical that a person who is not serving in the State of Andhra Pradesh is still treated to be in-service candidate in that State. However, as long as the mandate of Section 95 of the 2014 Act is operative, we have no option but to give full effect to the legal provision - words of the provision as employed in Section 95 of the 2014 Act have to be read and given effect to as it is, as the Court is not entitled to read down the provision and as a matter of fact - we are fortified by a judgment rendered by a Division Bench of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.
Result: Writ petitions are allowed.

ORDER :

Prashant Kumar Mishra, J.

In W.P.No.30946 of 2021, the petitioners, two in number, have prayed for issuance of a Writ of Mandamus declaring the action of the respondents in issuing G.O.Ms.No.703, Health, Medical and Family Welfare Department (C1) dated 13.12.2021, so far as it relates to denial of opportunity to the qualified in-service local candidates/Doctors (Petitioners) who served in Government Health Institutions in Andhra Pradesh and Telangana State while reserving 50% of the seats in the State Government quota, 30% of clinical and 50% of non-clinical seats exclusively to the service candidates serving in Government Health Institutions in the State of Andhra Pradesh alone. Challenge is also drawn, in this Writ Petition, to Notification No.1236/EA2/PG/2021 dated 23.12.2021 issued by the 4th respondent-Dr. NTR University of Health Sciences, as illegal, arbitrary, discriminatory and violative of Articles 14, 16, 19 and 21 of the Constitution of India and Section 95 of the Andhra Pradesh Reorganisation Act, 2014 (for short, “the 2014 Act”) and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974 and to set aside the same to the extent indicated and consequently direct the respondents to implement the reservation for the qualified local in-service candidates/Doctors (Petitioners) in the matter of admissions to Post Graduate Medical Courses for the academic year 2021-22 as per the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974 and the Rules framed thereunder, by considering their services rendered in Government Health Institutions in Andhra Pradesh and Telangana State.

2. In W.P.No.1420 of 2022, the petitioners five in number, have prayed for declaring the action of the 2nd respondent-State in amending Sub-Rule (2) of Rule 3 of the Andhra Pradesh Medical Colleges (Admission into Postgraduate Medical Courses) Rules, 1997 issued vide G.O.Ms.No.150 dated 11.12.2021 to the extent of altering the eligibility criteria for in-service candidates and thus excluding the petitioners and depriving them of an equal opportunity of availing a seat in Post Graduate Medical Courses for the academic year 2021-2022 in the State of Andhra Pradesh, as illegal, arbitrary, discriminatory and violative of Articles 14, 16, 19 and 21 of the Constitution of India and in contravention of Section 95 of the 2014 Act and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974. Prayer has also been made for declaring the prospectus notification vide No.1236/EA2/PG/2021 dated 23.12.2021, issued by the 4th respondent-Dr.NTR University of Health Sciences, in consequence to the impugned G.O.Ms.No.150 dated 11.12.2021, as illegal, without jurisdiction and consequently quash the said G.O., as also the prospectus notification vide No.1236/EA2/PG/2021 dated 23.12.2021, issued by the 4th respondent-Dr. NTR University of Health Sciences, to the extent of altering the eligibility criteria for in-service candidates so as to exclude the in-service candidates serving in the State of Telangana and consequently direct respondent Nos.2 and 4 to implement the in-service quota reservation for the petitioners (as non-local in-service candidate) in the matter of admission to Post Graduate Medical Degree Courses for the academic year 2021-22 as per the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974 and all other allied State Government instructions framed in consonance with Article 371-D of the Constitution of India and in terms of Section 95 of the 2014 Act.

3. To appreciate the eligibility of the petitioners vis-à-vis the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (for short, “the Presidential Order”) and under Section 95 of the 2014 Act, it would be necessary to refer to the Universit

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