LAWS(APH)-2001-12-107

B MEENAKSHI Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On December 26, 2001
B.MEENAKSHI Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The constitutional validity of Rule 3(2) of the A.P. Medical Colleges (Admission into Post-graduate Medical Courses) Rules, 1997 ( for brevity 'the Rules') insofar as the same does not consider the petitioners as "in service" candidates for the purpose of admission into Post Graduate Medical Courses and insofar as the same prescribes six years continuous regular service in specified Government service, is the subject -matter of these writ petitions.

(2.) In most of writ petitions, the amendment issued to the Rules in G.O.Ms. No. 279, dated 9-7-2001, denying the benefit of reservation as "in service" candidates to these who had already acquired PG degree/diploma qualification prior to or after their entry into service, is challenged. In a couple of cases, G.O. Ms. No.260, dated 10-7-1997, whereunder the Rules were made, as indicated hereinabove, is challenged. The grounds of challenge in both the groups of writ petitions are the same, and therefore, they are disposed of by this common judgment.

(3.) BACKGROUND OF THE FACTS : For the sake of convenience, we may state the necessary facts in WP No. 18260 of 2001, in which G.O. Ms. No. 279, dated 9-7-2001, is challenged. Likewise, the pleadings of the petitioners' in WP No. 28215 of 1998 may be noticed insofar as the challenge to Rule 3(2) of the Rules, is concerned. We may also notice that except in WP No. 19780 of 2001, the facts in all other writ petitions are the same. WA No. 1696 of 2001 arises out of an interlocutory order passed in WPMP No. 26599 and WVMP No. 2875 of 2001 in WP No. 21100 of 2001. When this writ appeal was listed before the Division Bench, it was directed to list all the connected writ petitions along with the writ appeal. That is how all the writ petitions are before this Bench.