N S VENKATARAMANAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These three Writ Petitions can be disposed of by a consolidated order as common issues are involved.

(2.) This petition is filed for a declaration that clause 2 (e) Note in G.O. Ms.No. 490 M & H dated 21-6-1982 as void and direct the respondents to consider the petitioner as child of an Ex-servicemen and allot a seat if otherwise found successful in the said category. The petitioner, a minor, represented by his natural father, passed the intermediate in May 1980 in First Division and thus became eligible for admission to the first year medical course in the Medical Colleges in the State. The father of the petitioner is now a Professor of Medicin in Andhra Medical College, Visakhapatnam and he joined the Army Medical Corps and was in short service Regular Commission in the said army Medical Corps and was in active service for a period of three years 28 days as a combatant commencing from 11-11-1949 to 8-12-1952. The officer serving Army Medical Corps is liable to be called for active service any time within a period of five years from the date of discharge and this is designated as reserve liability and he was a medical reservist upto 8-12-1957 and retaining fee of Rs.200/- p.a. was drawn by him. Pursuant to the invitation for applications for medical entrance examination to be held on 1-8-1982, the petitioner submitted an application through Andhra Medical College, Visakhapatnam and also submitted necessary documents for consideration under 2% quota alloted for children of servicemen and ex-servicemen. All the G.Os upto 1981 defined the category ex-serviceman to mean a person who put in continuous period of not less than six months and in G.O. Ms, No. 490 M & H dated 21-6-1982 there is a drastic change by substitution of 5 years continuous service instead of erstwhile six months service. The constitutional validity of the G.O. is impeached.

(3.) The Additional Director of Medical Education filed a counter- affidavit stating that the Government has power to make rules governing the admissions to the first year M.B.B.S course and in exercise of such power the present G 0 was issued and this G 0 is issued in supersession of all the rules that have been in force hitherto. In view of the fact that large number of people who have got greater length of service in military services could not afford to secure seats for their children in this quota and in view of some basic force in the plea of providing reservation to children of such people who have at least minimum five years length of service, the rule making authority thought it fit to amend the rule in this manner. It is a concession given by the Government and when such concession is qualified by certain conditions the validity or legality of making such rule cannot be questioned. The power to amend the rule is inherent in the rule making authority. The concession that has been given has to be enjoyed with the qualifications enjoined to it. The mere fact of a drastic change in the rule cannot affect the validity of the rule and the action of the rule making authority is neither arbitrary nor irrational. There is absolutely no discrimination and it is not the intention of the Government to give undue facility to the people who have more than five years of service. W. P. No. 5031/1982 :