A V RAMANA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are employees of the High Court and of the Andhra Pradesh Administrative Tribunal. They applied for admission to the Evening Law College, Hyderabad and sat for the entrance test for admission into the college which is also the same for the day college. Apprehending that by reason of the A. P. Educational Institutions (Regulations of Admissions) Order, 1974 referred to in this judgment as the Presidential Order, that admissions to other than local candidates will be restricted only to 15%, the petitioners have filed this writ petition praying for the issue of a writ or direction in the nature of a writ of mandamus to admit the petitioner into the Evening College, Hyderabad in strict accordance with merit as determined by the marks obtained by the petitioners in the entrance test after holding, if necessary, that paragraphs 3, 4, 5. 6 and 8 of the Presidential Order as amended by the Order of 1976 ;ire ultra vires the provisions of Article 371-D of the Constitution.

(2.) Article 371-D of the Constitution was enacted by the Constitution (Thirty Second Amendment) Act, 1973 in order to make certain special provisions with respect to the State of Andhra Pradesh. It provided that the President may by order with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education. In particular, Article 37J-D (2) (c) provided that the order made under Clause (1) way specify the extent to which, the manner in which and the conditions subject t" which, preference or reservation shall be made: (i) in the matter of direct recruitment to posts in any such cadre referred to in Sub-clause (b) as may be specified in this behalf in the order; (ii) in the matter of admission to any such University or other educational institution referred to in Sub-clause (b) as may be specified in this behalf in the order; to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be.

(3.) Accordingly, the Presidential Order was made in 1974. Under the Order, the State of Andhra Pradesh is divided into three regions called local areas: (1) local area comprising the Districts of Srikakuiam, Vishakapatnam, etc., for purposes of admission to the Andhra University; (2) local area comprising the Districts of Adilabad, Hyderabad etc., for the purposes of admission to the Osmania University; and (3) part of the State comprising the Districts of Ananthapur, Cuddapah etc., for purposes of admission to Shri Venkateswara University. Later on, an amendment was made to include the other Universities which were established in these three different local areas. Clause (5) provided that admissions to 85% of the seats in every course of study provided by these universities shall be reserved in favour of the local candidates in relation to the local area in respect of such University or other Educational Institution. Under Clause 4, a local candidate for admission to any course of study shall be regarded as a local candidate, in relation to the the local area if he had studied in an educational institution in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared in the relevant qualifying examination. In regard to persons who had not appeared for the qualifying examination during these four academic years, it was provided under Clause 4 (b) that he would be a local candidate if he had resided in that local area for a period not less than four years immediately preceding the date of commencement of the relevant qualifying examination.