KONDAPALAKALA KIRAN KISHORE Vs. NIZAMS INSTITUTE OF MEDICAL

JUDGEMENT

(1.) HEARD Sri K. Venu Madhav, learned counsel for the petitioner and Sri G. Anandam, learned Standing Counsel for Nizam's Institute of Medical Sciences.

(2.) THE controversy in the Writ Petition relates to admission in Doctoral course of Clinical Pharmacology, D.M. (Clinical Pharmacology) for the academic year 2013 - 14 in Nizam's Institute of Medical Sciences, Hyderabad. The respondent institute has taken out a notification, pursuant to which a Common Entrance Test was conducted, the results of which have been published on 16.07.2013. A provisional admission list in D.M. Clinical Pharmacology has been announced.

(3.) DR . Ramakanth was declared to have secured the first rank, while the writ petitioner herein was declared to have secured the second rank. There are four seats available in this super specialty course. Since the Nizam's Institute of Medical Sciences is declared as a State -wide institution, as per the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 (henceforth, referred to as 'the Presidential Order'), it is required to set apart 85% of its seats in every course of study for admission to the local candidates of Andhra University area, Osmania University area and Sri Venkateswara University area in the fixed proportion, as per para 6 of the Presidential Order and at least one seat has to be left as unreserved. Against such one seat, any non -local candidate and those who will answer the description of local candidate both can compete. Since the first ranker, Dr. Ramakanth does not answer the description of the local candidate, for any of the three local university areas, he was granted admission against that one seat left as unreserved/open. When it came to the second seat, the Institute felt it difficult to grant admission in favour of the writ petitioner herein, inasmuch as he also does not answer the description of a local candidate of any of the three university areas referred to supra. The Institute has considered it appropriate to fill up the remaining three seats by taking out an advertisement once again on All India basis. However, the State Government in its General Administration Department has formulated certain guidelines for the purpose of effectively implementing the provisions of the Presidential Order. Detailed instructions in this regard have been published though G.O.P.No. 646 General Administration Department, dated 10.07.1979. Paragraph 7 of the said instructions in Annexure IV would disclose that if a student belonging to one particular local area of any of the local universities is not available, then the said seat can be filled in by offering it to a local candidate of another university local area, depending upon the merit ranking. But if, no local candidate is altogether available at all, in such a case, the seat can be offered to those who are not local candidates with reference to any of the three university areas. In the instant case, admittedly, no candidate, who answers the description of a local candidate of any of the three university areas is available for admission into D.M. Clinical Pharmacology course in the respondent institute. The only other candidate qualified and available is the writ petitioner. Therefore, going by the guidelines contained in paragraph 7 (a) of Annexure IV of G.O.P.No. 647, the respondent Institute is liable to grant admission to the writ petitioner herein. Accordingly, a direction is issued. It shall, however, be open to the respondent Institute to take such measures, as are necessary, for filling up the remaining two seats in quick time.