JUDGMENT

RANGANATH MISRA, J. :— Petitioner who passed the MBBS examination in December, 1986, from the Osmania University in Andhra Pradesh and intended to take the All India Competitive entrance examination for admission to PG Medical courses in 1988, by this application under Article 32 of the Constitution challenges the vires of Article 371-D(2)(b)(iii) and (c)(ii) of the Constitution as also the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 as a consequence of which the students of Andhra Pradesh have been excluded from competing in the aforesaid examination.

2. This Court by the scheme framed pursuant to its decision in the case of Dr. Pradeep Jain v. Union of India, (1984) 3 SCC 654, directed that 25 per cent of the Post Graduate Seats available in the medical colleges would be reserved to be filled up by an All India Selection Test to be conducted by All India Institute of Medical Sciences, New Delhi. The Court further directed :-

"The decisions reached by us in these writ petitions will bind the Union of India, the State Governments and Administrations of Union Territories because it lays down the law for the entire country and moreover we have reached this decision after giving notice to the Union of India and all the State Governments and Union Territories."

By a subsequent order in the case of Reita Nirankari v. Union of India, (1984) 3 SCC 706 this Court indicated :-

"We may make it clear that the judgment will not apply to the States of Andhra Pradesh and Jammu and Kashmir because at the time of hearing of the main writ petitions, it was pointed out to us by the learned advocates appearing on behalf of those States that there were special constitutional provisions in regard to them which would need independent consideration by this Court."

The notice issued for the holding of the All India Competitive Entrance examination in 1988 stated :-

"The Scheme for selection of candidates for admission to post-graduate medical courses against open seats on All India basis shall be applicable to all medical colleges/institutions throughout the country and no medical college/ institution shall hereinafter conduct competitive entrance examination of its own for the open seats on All India basis, except those excepted by the SC. The States of Jammu and Kashmir and Andhra Pradesh have been excluded by the SC from the purview of their judgment in this regard. Therefore the students having passed their MBBS examination from an institution in these States shall not be eligible to participate in the All India Competitive Entrance Examination for selection of candidates against open seats."

Clause 7(d) dealing with the eligibility again reiterated :-

"As specified earlier, candidates who have done MBBS from any of the institutions in the States of Andhra Pradesh and Jammu & Kashmir are not eligible."

The petitioner has, therefore, asked for a declaration that the exclusion of students of Andhra Pradesh from eligibility to participate as per clause 7(d) of the prospectus should be declared illegal and the All India Institute of Medical Sciences, respondent No. 6, should be directed to receive applications from students of Andhra Pradesh otherwise qualified to take the examination. The petitioner has also asked for a declaration that Article 371-D(2)(b)(iii) and (c)(ii) of the Constitution and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974, issued by the President in exercise of powers conferred under clauses 1 and 2 of the constitutional special provision are ultra vires of the basic structure of the Constitution of India. The petitioner has added a list under Annexure A of persons similarly situated to whom relief is available but she has also specifically confined the petition to herself by saying : -

"This petition is being moved on behalf of Dr. C. Surekha."

3. The Union of India, respondent No. 1, and the State of Andhra Pradesh have filed counter affidavits. In the return