IMPORTANT POINT
The court established that local candidate status under the Presidential Order, 1974, requires strict adherence to the specified educational and residency criteria.

JUDGMENT :

(per Hon’ble Sri Justice R.Raghunandan Rao)

Heard Sri C. Prakash Reddy, learned Counsel appearing for the petitioner and Sri Guttapalem Vijaya Kumar, learned Standing Counsel for NTR Health University.

2. The petitioner studied from LKG to 10th class in Proddatur, YSR Kadapa District, and did her intermediate in NRI Arts & Science Junior College, Tirupati, during the year 2014-2016. Thereafter, she pursued her BDS course during the period 2017-2022 in Vydehi Institute of Dental Sciences and Research, Bangalore in Karnataka State.

3. The petitioner appeared for NEET-MDS-2024 and sought admission to MDS course in Andhra Pradesh, for the year 2024-2025, by claiming local candidate status. However, she was denied the said status, when she sought to register herself in the portal for online counseling.

4. The petitioner being aggrieved by the refusal of the respondent authorities, in treating her as a local candidate, for the purpose of admission, has filed the present writ petition.

5. The petitioner contends that since she has undergone 12 years of schooling in the State of Andhra Pradesh, she would have to be treated as a local candidate and cannot be treated as a non-local candidate, because she studied outside Andhra Pradesh for the last four years. She would contend that she is entitled to be treated as a local candidate under Clause 4(2) of the Presidential Order, 1974. She would also rely upon the judgment of the erstwhile High Court of Andhra Pradesh in The Tahsildar, Hyderabad Urban Taluk, Hyderabad and Anr., vs. T. Venkata Reddy, AIR 1976 AP 408, wherein a Division Bench of the erstwhile High Court of Andhra Pradesh took the view that the domicile and residence of the parents should be treated as the domicile and residence of the candidate in such local area.

6. In view of certain peculiar developments in the erstwhile State of Andhra Pradesh, Article 371-D of the Constitution of India was introduced in 1974, to provide for equitable opportunities and facilities for the people belonging to different parts of the State. For this purpose the President of India was empowered to take necessary steps, by order, for such equitable distribution of opportunities, in the matters of employment and education. In exercise of this power, conferred on the President of India, the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, generally known as the Presidential Order, 1974, was issued. Under this order, the State was divided into various local areas and 85% of the seats in Educational Institutions and Public Employment at certain levels were reserved for local candidates of the said local areas. The order also specified the conditions under which a person would be declared to be a local candidate in a local area.

7. Paragraph 4 of the Presidential Order, which reads as follows, set out these conditions:

“4. Local Candidates:- 1) A candidate for admission to any course of study shall be regarded as a local candidate in relation to a local area –

(a) If he has studied in an educational institution or educational institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared in the relevant qualifying examination, or

(b) Where, during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination he has not studied in any educational institution, if he has resided in thaqt local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination in which he appeared or, as the case may be, first appeared.

2) A candidate for admission to any course of study who is not regarded as a local candidate under subparagraph (1) in relation to any local area shall .—

a) if he has studied in educational institut