ROHITH P.REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Both these writ petitions are taken up together, as desired by the learned Counsel, as the fact situation prevailing in both the cases is somewhat identical. The petitioner in WP No. 23464 of 2013 has studied and completed his M.B.B.S. Degree Course from Osmania University local area. He secured his Post Graduate Degree in General Medicine from the Medical College at Manipal in Karnataka State. When Dr. N.T.R. University of Health Sciences, Vijayawada (for brevity referred to as 'University') had taken up P.G. admissions for super specialty medical courses, he opted for admission to D.M. (Cardiology) Course and accordingly appeared at the common entrance examination, where he was declared to have secured 8th rank in the merit order. There are 12 seats available in D.M. (Cardiology) Course. Out of them, 10 seats are declared as State-wide courses, while the remaining 2 seats are treated as Andhra University local area seat and Sri Venkateswara University local area seat each. The 10 State-wide seats are in-turn distributed amongst the three University local areas. Thus, 4 seats were allotted to Andhra University local area, 3 seats to Osmania University local area and 2 seats to Sri Venkateswara University local area. The remaining 1 seat was treated as unreserved. Since the petitioner has secured an overall 8th merit rank, he could not get selected for D.M. (Cardiology) Course and hence he instituted this writ petition challenging the method adopted by the University granting admission in favour of the eo-nominee party respondent who secured an overall merit ranking of 23.

(2.) The petitioner in WP No. 23359 of 2013 has passed out from Osmania Medical College and secured M.B.B.S. Degree. He later on prosecuted his M.D. (General Medicine) Post Graduate Degree from the Andhra Medical College, Visakhapatnam. He responded to the notification issued by the University for admission to D.M. (Gastroenterology) Course. At the common entrance test, he was declared to have secured 21st merit ranking. There are 10 seats available in D.M. (Gastroenterology) Course. Of them, the 3 seats apiece available at each of the Gandhi Medical College, Secunderabad, and Andhra Medical College, Visakhapatnam, are declared as State-wide courses. 2 seats available in Osmania Medical College are treated as non-State wide courses. Out of the 2 seats available in Narayana Medical College, Nellore, one is treated as a management quota seat. But however, instead of offering admission to the writ petitioner herein, the one seat in D.M. (Gastroenterology) in Narayana Medical College was granted in favour of the eo-nominee party by the Convenor of the respondent-University, respondent who secured overall 9th merit rank. Hence this writ petition.

(3.) Pursuant to the 32nd amendment of the Constitution, Article 371D came to be introduced in our Constitution making certain special provisions in respect of employment in Government services and regulating admission to educational institutions run by the State. In terms of clauses 1 and 2 of Article 371D, the President of India promulgated two specific presidential orders, of which, we are concerned right now with the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974, henceforth for brevity referred to as 'Presidential Order'. The expression 'Local Area' is defined in Paragraph 2(1)(b) as the local area specified in Paragraph 3 of the Presidential Order for purposes of admission to such University or other educational institutions. 'State-wide educational institution' is defined in Paragraph 2(1)(e) as an educational institution or a department of an educational institution specified in the schedule to the Presidential Order. Paragraph 3(1) of the Presidential Order declared that the State comprising of the districts of Srikakulam, Visakhapatnam, East Godavari, West Godavari, Krishna and Prakasam shall be regarded as the local area for the purposes of admission to Andhra University, Nagarjuna University and any other educational institution situated in those parts of the State. Similarly, Paragraph 3(3) of the Presidential Order declared that, that part of the State comprising of the districts of Anantapur, Cuddapah, Kurnool, Chittoor and Nellore, shall be regarded as the local area for purpose of admission to Sri Venkateswara University and to any other educational institution situated in that part. The remaining 10 districts in the State are treated as the local area of Osmania and Kakatiya Universities. Detailed definition with regard to local candidates' has been provided for in Paragraph 4 and since there was no controversy involved in this regard, it may not be really necessary to deal with it. Paragraph 5 dealt with reservation in non-State-wide Universities and educational institutions. It is set out therein that, 85% of the seats available in every course of study in any educational institution or University shall be reserved in favour of the local candidates in relation to the local area in respect of such University or the educational institution. Paragraph 6 dealt with reservation in State-wide Universities and State-wide Educational Institutions. Paragraph 6(1) has set out that, admissions to 85% of the seats in every course of study provided by a State-wide University or a State-wide Educational Institution shall be reserved in favour of and allocated among local candidates in relation to the local areas specified in sub-paragraph (1), sub-paragraph (2) and sub-paragraph (3) of Paragraph 3, in the ratio of 42:36:22 respectively. For easy grasp, this proportion can be set out as for Andhra University, Osmania University and Sri Venkateswara University local areas. Sub-paragraph (2) thereof would set out that, while determining under sub-paragraph (1) the number of seats to be reserved in favour of the local candidates any fraction of a seat shall be counted as one. It was also further set out therein that, there shall be atleast one unreserved seat. Sub-paragraph (3) would further set out that, while allocating under sub-paragraph (1) the seats amongst the local candidates in relation to different local areas, fractions of a seat shall be adjusted by counting the greatest fraction as one and where the fraction to be counted cannot be selected by reason of the fractions being equal, the selection shall be by lot. It was made clear in the proviso therein that, there shall be atleast one seat allocated for the local candidates in respect of each local area. In other words, after allocating one seat for all the 3 local areas, the biggest of the fractions can be rounded off to one seat.