C SUREKHA Vs. UNION OF INDIA

JUDGEMENT

(1.) 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:-

(3.) The Union of India, respondent No. 1, and the State of Andhra Pradesh have filed counter affidavits. In the return made by the Union of India it has been stated:-