G NAGASAINA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in this Writ Petition seeks a Writ especially one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent i.e., the University of Health Sciences, Andhra Pradesh, in declining a seat in the Super Specialities Course (2nd P.G.) i.e., M.Ch. (Cardio Thoracic Surgery) for the year 1991-92 to the petitioner and giving admission to the 3rd respondent herein who secured only 9th rank in the entrance examination as against the 2nd rank obtained by the petitioner is illegal, arbitrary and discriminatory and is therefore violative of Articles 14 and 16 of the Constitution of India, etc.

(2.) The petitioner states that pursuant to a notification issued by the 2nd respondent which was published in the 'Eenadu' daily, calling for applications to the course of Super Speciality in M.Ch. (Cardio Thoracic Surgery) for the year 1991-92, he applied and appeared for the entrance test. The petitioner obtained second rank and the 3rd respondent herein obtained 9th rank.

(3.) As per Rule 2 of the Rules for admission to Super Speciality (Second P.G.) Courses in the Medical Colleges of Andhra Pradesh for the year 1991-92 (hereinafter referred to as 'the Rules') the number of seats available in M.Ch. (Cardio Thoracic surgery) are one in the Osmania Medical College at Hyderabad and one in the Gandhi Medical College at Hyderabad. Rule 7 deals with method of selection and sub-rule (5) of Rule 7 provides as follows:-