M RAMANA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, whose application for the entrance test for admission to the M.B.B. S. course was rejected, tiled this writ petition praying for the issue of a writ of mandamus or any other appropriate writ or order or direction directing the respondents viz., the State of Andhra Pradesh, the Principal, Gandhi Medical College and the Lay Secretary & Treasurer, Gandhi Medical College, Hyderabad to admit him to the M. B. B. S. entrance examination to be held on 24-8-1980. In W. P. M. P. No 6089/1980, he prayed for an interim direction to permit him to write the entrace test pending disposal of the writ petition. This Court directed that the petitioner should be permitted to sit for the entrance examination observing that the result would be subject to the result of the writ petition. Accordingly he sat for the examination and it is now represented that he obtained 124 marks out of 150 in the test, whereas the last person who was selected, got 113 marks.

(2.) The petitioner was born on 21-16-1958. According to the rules for admission to the first year M.B. B. S. Course in the Medical Colleges in the Andhra Pradesh State contained in G. O. Ms. No. 447 dated 10-7-1979 as amended in G. O. Ms. No. 793, M. & H., D/- 18-7-1980, the candidates must have completed the age of 17 years and must not have completed 22 years of age as on 31st December of the year of admission. Under R. 4(b) of the rules for admission to the 1st year M. B. B. S. Course in the Medical Colleges in Andhra Pradesh State (hereinafter called the rules) however, it is stated that B. Sc., and M. Sc., candidates can be admitted up to the age of 25 years as on 31st December of the year of admission. Rule 5 deals with the educational qualifications. Subject to certain restrictions contained in Rule 5 (i) of the rules, candidates who passed intermediate examination, are eligible to appear for the entrance test. Under Rule 5 (iii), B. Sc., and M. Sc., candidates also are eligible to appear for entrance test subject to certain restrictions mentioned in that sub-rule. Note (a) to that sub-rule is as follows:-- "Candidates possessing B. Sc./M. Sc.. qualification should pass B. Sc./M. Sc., within a period of three years/two years respectively as prescribed by the respective Universities.

(3.) The petitioner herein joined B. Sc., course in Sardar Patel College, in the year 1975. He ought to have appeared for the first year examination in April, 1976 but due to ill-health he could not take the examination in April and appeared for the examination in Nov., 1976. Under the Osmania University Rules, he could not be permitted to study in the year 1975-76. So he studied the second year of B. Sc., during 1977-78 and appeared for the examination in Junes 1978. He studied the third year course in 1978-79 and appeared for the examination in July, 1979. He completed all his examinations in one attempt and ultimately passed B. Sc., securing first class. However in view of the fact that he could not appear for the first year examination in April, 1976 due to ill-health and had to discontinue his studies during 1975-76, it took him four years to complete his B. Sc., course.