GOVERNMENT OF ANDHRA PRADESH Vs. V NAGARAJU

JUDGEMENT

(1.) The respon-dents were working as Civil Assistant Surgeons in the rural service of the State of Andhra Pradesh, appeared for the entrance test and were selected for undergoing the course of Post Graduation in different subjects. The entrance examination was conducted for the academic years 1986-87 and 1987-88. The respondents were not selected towards the quota of reserved category for the inservice candidates and their selection fell outside the quota reserved for such candidates. The Director of Health and Family Welfare issued a circular in RC. No. 19626/E6A 88, dated 14-6-1988 to the effect that candidates who secured a certificate from the Principal concerned that they were selected for the Post Graduation Courses against the seats allotted for inservice candidates quota alone will be paid their salaries. The respondents challenged the action of the Director before the Tribunal. The Tribunal on the basis of the interpretation placed on the relevant Rules held that all inservice candidates are eligible to get their salaries whether they are selected against inservice quota or outside such quota and, therefore, the Director was not competent to issue such instruction which is contrary to the relevant rules. The Tribunal concluded that the respondents would be entitled to get their salaries right from the time they joined the post-graduate courses till the end of their courses and the same should be paid without any delay. The State being aggrieved by the action of the respondents, has filed these appeals.

(2.) The principal question arising for consideration before us is whether the inservice candidates who are selected outside the quota reserved for inservice candidates could also be entitled to the same benefits as candidates selected against such reserved quota.

(3.) Rules have been framed by the State of Andhra Pradesh known as Rules for Admission to Post Graduate Courses in the Medical Colleges in the State of Andhra Pradesh. Rule 3 provides for reservations. Rule 3(2) states that 15% of seats in Clinical subjects, in Medicine, Surgery, Obstetrics and Gynecology groups and 30% of seats in Non-Clinical subjects or in each group are reserved for inservice candidates, the reservation of inservice candidates shall be applicable in each categories. Candidates selected on merit in respective categories shall be counted against inservice quota. Explanation added thereto states that an inservice candidate is one who has put in a minimum of two years service on duty in the respective service. The Govern-ment in the Memorandum No. 1209/E2/88-2 dated 28th November, 1988 stated that only the inservice candidates who are selected against the quota provided in Rule 3(2) read with Rule 19(1) alone are entitled for deputation. The R. 19(1) reads as follows:-