K MALINI Vs. SECRETARY H AND F UNIVERSITY

JUDGEMENT

(1.) The writ petitioner is a 'MBBS' degree holder. She appeared for Post Graduate Medical Entrance Test for the Academic Year 2000-2001 conducted by the 2nd respondent-University and secured the rank of 1636. She claims that on the basis of the said rank, she is entitled for admission to Post Graduate diploma in Gynecology and Obstetrics in any Medical College in the local area of Andhra University and aggrieved by the action of the respondents in not allotting a seat to her in the selection held on 30-11-2000, she filed the present writ petition.

(2.) The case of the petitioner is that she had obtained 'MBBS' degree from Rangaraya Medical College at Kakinada, which is affiliated to N.T.R. University of Health Sciences, Andhra Pradesh, Vijayawada, the 2nd respondent herein. The petitioner states that the 2nd respondent- University issued notification dt. 13-10-2000 calling for applications from eligible candidates to appear for the entrance test for admission to Post Graduate Medical courses in the medical colleges affiliated to the 2nd respondent-University for the Academic Year 2000-2001. As per the prospectus issued by the 2nd respondent-University for admission to Post Graduate Medical Courses in the medical colleges affiliated to it, 85 per cent of seats are reserved in favour of the local candidates in relation to the local area as provided in the A.P. Educational Institutions (Regulation of Admission) Order of 1974. Since the petitioner obtained 'MBBS' degree from Rangaraya Medical College at Kakinada, which comes within the local area of Andhra University, she appeared for the entrance test as a local candidate. The petitioner also stated that she belongs to BC-B group and in the entrance test held on 15-11-2000 she secured the rank of 1636. She further stated that the Counselling for selection of the candidates was held from 28-11-2000 by the 2nd respondent-University and on the basis of the rank secured by her, she was confident of getting a seat in the Post Graduate diploma course as a local candidate under BC-'B' quota in any one of the colleges in the local area of Andhra University. She stated that in the Counselling her rum came on the afternoon of 30-11-2000, but she could not get a seat in diploma in Gynecology and Obstetrics as expected by her. It is contended by the petitioner that from the selection list displayed, she noticed that the last seat under BC-'B' quota was given to a non-local candidate with Hall Ticket No. 001292 who secured the rank of 441. Immediately she pointed out the same to the selection authorities claiming that she being a candidate coming from Andhra University local area, she is entitled for that seat under the BC-'B' quota, though she secured a lesser rank. Since the concerned selection authority did not consider her claim, she filed the present writ petition seeking a declaration that the action of the respondents in not allotting a seat to her in Post Graduate diploma in Gynecology and Obstetrics in any Medical Colleges in the local area of Andhra University is arbitrary and illegal.

(3.) The writ petition was admitted on 12-12-2000. Subsequently by order dated 9-2-2001 when this Court pointed out that no order can be passed in the writ petition in the absence of the candidate who secured the rank of 441 and whose admission is being questioned in this writ petition, the petitioner filed W.P.M.P.No. 3156 of 2001 and got impleaded the 3rd respondent herein.