SIREESHA SIMHADRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In W.P.No.30946 of 2021, the petitioners, two In number, have prayed for Issuance of a Writ of Mandamus declaring the action of the respondents In Issuing G.O.Ms.No.703, Health, Medical and Family Welfare Department (C1) dtd. 13/12/2021, so far as It relates to denial of opportunity to the qualified in-service local candidates/Doctors (Petitioners) who served in Government Health Institutions in Andhra Pradesh and Telangana State while reserving 50% of the seats in the State Government quota, 30% of clinical and 50% of non-clinical seats exclusively to the service candidates serving in Government Health Institutions in the State of Andhra Pradesh alone. Challenge is also drawn, in this Writ Petition, to Notification No.l236/EA2/PG/2021 dtd. 23/12/2021 issued by the 4th respondent-Dr. NTR University of Health Sciences, as illegal, arbitrary, discriminatory and violative of Articles 14, 16, 19 and 21 of the Constitution of India and Sec. 95 of the Andhra Pradesh Reorganisation Act, 2014 (for short, "the 2014 Act") and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974 and to set aside the same to the extent indicated and consequently direct the respondents to implement the reservation for the qualified local in-service candidates/Doctors (Petitioners) in the matter of admissions to Post Graduate Medical Courses for the academic year 2021-22 as per the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974 and the Rules framed thereunder, by considering their services rendered in Government Health Institutions in Andhra Pradesh and Telangana State.

(2.) In W.P.No.1420 of 2022, the petitioners five in number, have prayed for declaring the action of the 2nd respondent-State in amending Sub-Rule (2) of Rule 3 of the Andhra Pradesh Medical Colleges (Admission into Postgraduate Medical Courses) Rules, 1997 issued vide G.O.Ms.No.150 dtd. 11/12/2021 to the extent of altering the eligibility criteria for in-service candidates and thus excluding the petitioners and depriving them of an equal opportunity of availing a seat in Post Graduate Medical Courses for the academic year 2021-2022 in the State of Andhra Pradesh, as illegal, arbitrary, discriminatory and violative of Articles 14, 16, 19 and 21 of the Constitution of India and in contravention of Sec. 95 of the 2014 Act and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974. Prayer has also been made for declaring the prospectus notification vide NO.1236/EA2/PG/2021 dtd. 23/12/2021, issued by the 4th respondent- Dr. NTR University of Health Sciences, in consequence to the impugned G.O.Ms.No.150 dtd. 11/12/2021, as illegal, without jurisdiction and consequently quash the said G.O., as also the prospectus notification vide No.l236/EA2/PG/2021 dtd. 23/12/2021, issued by the 4th respondent-Dr. NTR University of Health Sciences, to the extent of altering the eligibility criteria for in-service candidates so as to exclude the in-service candidates serving in the State of Telangana and consequently direct respondent Nos.2 and 4 to implement the in-service quota reservation for the petitioners (as non-local in-service candidate) in the matter of admission to Post Graduate Medical Degree Courses for the academic year 2021-22 as per the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order 1974 and all other allied State Government Instructions framed In consonance with Article 371-D of the Constitution of India and In terms of Sec. 95 of the 2014 Act.

(3.) To appreciate the eligibility of the petitioners vis-a-vis the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (for short, "the Presidential Order") and under Sec. 95 of the 2014 Act, it would be necessary to refer to the University from where they have passed their qualifying examination and the services rendered by them either in the State of Telangana or in the State of Andhra Pradesh, as the case may be.