I DEVANAND Vs. NTR UNIVERSITY OF HELTH SCIENCE

JUDGEMENT

(1.) Dr. I. Devanand, petitioner herein, after completion of B.D.S., appeared for M.D.S. Entrance Test. He obtained the rank 58 and he belongs to Osmania University local area. He is a Scheduled Caste- C candidate (SC-C). He claims that among all the Scheduled Caste candidates he stood first. He is aggrieved by the action of first respondent University in selecting and admitting second respondent SC-C belonging to Andhra University local area to M.D.S. course in the third respondent college. Therefore, he filed the present writ petition seeking declaration that the action of first respondent in providing admission to less meritorious candidate second respondent herein; by earmarking seat reserved for SC-C to Andhra University local area ignoring the top ranking merit of the petitioner among SC-C category candidates as illegal, arbitrary and ultra vires. The petitioner also prays for a consequential direction to first respondent, namely, N.T.R. University of Health Sciences ("University" for brevity) to admit the petitioner in M.D.S.course in a seat reserved for SC-C category out of the seats allocated to Osmania University local area.

(2.) The petitioner's case in brief is as follows. There are fourteen seats in M.D.S. course out of which 15% are reserved in favour of SC. The reservation of seats in favour of SCs is governed by Andhra Pradesh Scheduled Castes (Rationalization of Reservations) Act, 2000 (hereafter called, the Rationalization Act) and Andhra Pradesh Scheduled Castes (Rationalization of Reservations) Rules, 2000 (hereafter called, the Rationalization Rules). As per Section 3 of the Rationalization Rules 6% of seats both in public appointments and admissions to educational institutions, out of 15% seats meant for SCs, shall have to be reserved to persons belonging to SC-C, as per clause (C) of Section 3 of the Act. Accordingly in a cycle of 100 seats, Sl.Nos.16, 27, 47, 66, 77 and 91 of the roster as specified in Rule 22(e) of the A.P. State and Subordinate Service Rules, 1996 are earmarked for SC-C candidates.

(3.) While making admissions to M.D.S. course, the authorities have to comply with the provisions of Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 (hereafter called, the Presidential Order), and also have to follow the rules made under Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 110 (hereafter called, Act 5 of 1983). It is also permissible for the University to make necessary regulations to give effect to the Statutory Rules without contravening the provisions of the Presidential Order and Act 5 of 1983. If there is any conflict in giving effect to these legal provisions, the provisions of Presidential Order would prevail and therefore local area reservation would prevail over social reservation. Nonetheless, having regard to the provisions of Act 5 of 1983, which give importance to merit, while making admissions, the University cannot sacrifice merit. The University earmarked and allocated SC-C seat in M.D.S. course to Andhra University local area during last year and this. year. This is contrary to the Presidential Order. Out of fourteen available M.D.S. seats, twelve seats have to be reserved for candidates belonging to "local areas" and admissions are to be made as per the procedure prescribed in Annexure-IV under G.O.P.No.646, dated 10.7.1979 issued by the Government to give effect to the Presidential Order. The M.D.S. course being Statewide courses, five seats have been earmarked to Andhra University local area and four seats and three seats have been earmarked for Osmania University local area and Sri Venkateswara University local area respectively. The two remaining seats are non-reserved seats against which all the candidates, including the local candidates belonging to three local areas can be considered.