VEMPATI PREMILA MENON Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This batch of writ petitions relate to admissions in the Medical Colleges of the State of Andhra Pradesh. The petitioners are the unsuccessful candidates in securing admission to the first year M B. B. S course in any of the Colleges, on the basis of the marks obtained in the entrance test held for that purpose. They challenge the selection on various grounds which I shall presently set forth.

(2.) Admissions to first year M. B. B. S. Course in Medical Colleges in the State of Andhra Pradesh are governed by Rules made in G. O. Ms. No. 447, dated 10th July, 1979 as amended in G. O. Ms. No. 793, M & H, dated 18th July, 1980 and G. O. Ms. No. 352 M & H, dated 30th May, 1981. These Rules are issued by the State Government in exercise of the executive power under Article 162 of the Constitution of India. Rule 1 specified the total number of seats available for admission in the 8 Medical Colleges situate within the Andhra Pradersh as 900. Under sub-rules (a) and (b) of rule 2 which is headed as Special Reservation, 17 seats are reserved, 8 for Central Government nominees, 3 for Telugus whose parents are residing in Foreign Countries, 3 for students from the States and for 3 Telugus whose parents are residing outside the State of Andhra Pradesh. These 17 seats are allocated among the 8 Colleges, the details of which we are not concerned with at present. Out of the remaining seats, 14 per cent. are reserved for Scheduled Castes, 4 per cent. for Scheduled Tribes, 25 per cent for Backward Classes and 2 per cent. for Children of Servicemen and Ex-Servicemen under sub-rules (c), (d) and (e) of rule 2. Then comes sub-rule (f) of rule 2 which says that a minimum of 30 per cent seats will be reserved for women candidates in categories of open competition. Scheduled Castes, Scheduled Tribes, Backward Classes and Children of Servicemen and Ex-Servicemen.

(3.) The Principal submission made on behalf of the petitioners is that sub-rule (f) of rule 2 providing 30 per cent. reservation in favour of women condidates is not given full effect. It is urged that the Rule requires that 30 per cent. of the seats in each of the categories should be earmarked for women irrespective of the seats obtained by them on merit. The petitioners contend that the procedure adopted is not in consonance of the Rule and that seats obtained by women candidates on merit should not have been counted for the purpose of reservation. Their contention is that if 100 seats are available in the open competition category, only 70 seats should be filled up by merit, be it women or men and the remaining 30 seats should be given by picking up women candidates below 70. They submit that just as reservation made in the case of scheduled Castes, Scheduled Tribes and Backward Classes, without reckoning the merit of candidates they should. have done in the case of women candidates also. On the other hand, it is submitted by the learned Government Pleader that rule 2 (f) envisages only minimum guarantee of 30 per cent. of the seats in each category in avour of women candidates. According to him, if the seats obtained by women on merit is 30 per cent. or more, no further seats need be provided for them. If on the other hand, the number of seats obtained by them on merit is less than 30 per cent. the deficit should be made up so as to comply with the minimum guarantee. Thus according to him, if the total number of seats in any category is 100 and if. women candidates get 30 seats on merit, no further reservation need be made. But if they get less than 30, say for instance 28, two women candidates have to be provided for picking up the less merited candidates to comply with the minimum of 30 per cent. The learned Government Pleader further submitted that in making the selections in each of the categories mentioned in rule 2 (f) namely, open competition, Scheduled Castes, Scheduled Tribes, Backward Classes, Servicemen and Ex-Servicemen, 30 per cent. of the seats were given to women candidates.