DILEEP DAMODARAN Vs. GOVT OF ANDHRA PRADESH REP

JUDGEMENT

(1.) In this batch of writ petitions the common prayer is that the respondents should be directed, by a writ of mandamus, to implement Rule 9(4) of the rules issued in G.O. Ms. No. 62, Education (Rules), dated 10/02/1989 and to admit the petitioners into the Medical, Engineering or Agricultural Course, as the case may be, for the academic year 1990-91, subject to eligibility and merit, under the category of 'Children of Ex-Service and Defence Pesonnel.'

(2.) The basic question that arises for consideration in this batch of writ petitions is the rule of reservation of 4% for the children of ex-servicemen and defence personnel, including the children of Border Security Force and the Central Reserve Police Force residing in Andhra Pradesh. It may be mentioned here itself that the above said rule is in conflict with the several other rules made by the different Universities fixing 1% reservation for the children of ex-servicemen and defence personnel, issued in the prospectus of the said Universities.

(3.) A brief reference to the facts arising in W.P. No. 10943 of 1990 may serve the purpose of indicating the manner in which the present controversy has arisen with regard to the percentage of reservation for the children of ex-servicemen and Defence Personnel who qualify in the EAMCET with Hall Ticket No. 61242, held for the academic year 1990-91, for admission into M.B.B.S. and other professional courses in the State of Andhra Pradesh. The petitioner is working as a Junior Warrant Officer, Indian Air Force, Air Force Academy, Duindigal, Hyderabad. The boy has secured the rank of 1239 in the EAMCET. It is not in dispute that the father of the candidate has already put in about 28 years of service in Air Force and is serving in the State of Andhra Pradesh since 20-8-1987 thereby qualifying the candidate to claim a seat in the reserved quota under the category of "Children of Ex-Servicemen and Defence Personnel". The petitioner submits that the 1st respondent has issued rules called "Andhra Pradesh Professional Educational Institutions (Regulation of Admission into undergraduate Professional Courses through Common Entrance Test) Rules, 1989, to regulate admissions into various professional courses including Medical Courses. These rules have been issued in exercise of the power under S. 3 read with S. 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capita-lion Fees) Act, 1983, hereinafter referred to as "Act No. 5 of 1983", which has come into force from the academic year 1989-90. The rules apply to all professional educational institutions imparting professional courses in Engineering, Medical etc. Under R. 9(4) of the Rules framed in G.O.Ms. No. 62, dated 10/02/1989, 4% of the seats shall be reserved for the children of Ex-Servicemen and Defence Pesonnel. The 2nd respondent-University of Health Sciences, however, has promulgated a rule by virtue of which only 1% of the seats are reserved in favour of the children of ex-servicemen and defence personnel in the order of preference as prescribed in Rule 8-E of the prospectus issued by the said University. These are the salient features of the case which have been mentioned in the affidavit filed in support of the writ petition, in the light of which the matter arising in this batch of writ petitions will have to be considered.