JUSTICE V. ESWARAIAH (RETD.) Vs. UNION OF INDIA

JUDGEMENT

(1.) On an oral prayer, the learned Advocate-on-Record for the petitioner is discharged and the petitioner is permitted to argue the case himself.

(2.) This is a petition by All India Backward Classes Federation through its President who is a former Judge of the High Court in public interest inter-alia for a writ of mandamus seeking a declaration that Rule II (vii) and (viii) of the G.O.Ms No.43 dtd. 13/3/2013 issued by Respondent No.3 herein (State of Andhra Pradesh) and parimateria provisions in the relevant Rules issued by Respondent No.4 herein (State of Telangana) as illegal, arbitrary, unconstitutional and against the principles laid down by this Court.

(3.) At the outset, Justice V. Eswaraiah (Former Judge), who is appearing in person, fairly states that in the prayer clause of the present Writ Petition Rule II (vii) has been erroneously mentioned and he states that as a matter of fact the challenge in effect is to clauses (viii) and (ix) of Rule II of the Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997 and the pari-materia provisions of the Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017. He further fairly states that after the bifurcation of the erstwhile State of Andhra Pradesh into the States of Andhra Pradesh and Telangana, the State of Andhra Pradesh has amended the Rules to bring them in conformity with the judgments of this Court on the issue. He, however, submits that the State of Telangana is yet to amend the Rules to bring them in conformity with the law laid down by this Court in various judgments.