B VAMSI PAVANI Vs. GOVERMENT OF A P

JUDGEMENT

(1.) The subject-matter of these writ petitions relate to admission into Post-Graduate Courses in Dental Sciences. Writ Petition No. 12486 of 1999: The complaint of the petitioner in this writ petition is that though she secured highest marks in the common merit list from Andhra University local area for admission to MDS Course, she could not get the admission, while respondent Nos.4 and 5 who secured lesser rank got seats in MDS Course from the local areas of Osmania and Sri Venkateswara University in Dental College, a State wide institution on the basis of class reservation. Hence, she questioned the vires of Rule 4 of the A.P. Regulation of Admission to the MDS Course in the Government Dental College and Hospital, Hyderabad Rules, 1985 (hereinafter referred to as 'Dental Course Rules') providing reservation to the reserved categories speciality-wise on rotation basis by contending that the same is contrary to Full Bench Judgment of this Court reported in Devarakonda Rajesh Babu v. Nizam's Institute of Medical Sciences, 1998 (1) ALD 53 (FB) = 1997 (6) ALT 290 (FB). (1) Writ Petition No. 18723 of 1999:

(2.) The case of the petitioner in this writ petition is that he hails from Warangal and he studied upto VII Class in Kendriya Vidyalaya Fertiliser City, Karimnagar, from 1987 to 1994. In the year 1994 A.P. Public Service Commission conducted common qualifying examination for admission into Rastriya Indian Military College, Dehradun, for Class VIII and the petitioner having got selection joined in the Indian Military College at Dehradun and passed X Class in Science with distinction. Thereafter he studied Intermediate Course in Gowthami Junior College, Gudavalli, Vijayawada (Rural) during the years 1997-99 and he appeared for EAMCET - 1999 examination with Hall Ticket No.2204130 and obtained a rank of 386. He questioned the action of the authorities concerned in denying a seat in Medicine in Osmania University local area on the ground that he has not satisfied the residential qualification prescribed in Rule 8(l)(ii) of G.O. Ms. No. 184, Education (EC-2) Department, dated 20.8.1993, which is nothing but replica of Rule- 4 of A.P. Educational Institutions (Regulation of Admissions) Order, 1974 issued by the President of India under Clauses (1) and (2) of Article 371-D of the Constitution of India in respect of State of Andhra Pradesh, hereinafter referred as 'Presidential Order'.

(3.) The contention of the petitioner in this writ petition is that the local area of a candidate cannot be decided on the ground of his study without reference to his permanent place of his residence and without reference to qualitative as well as quantitative test prescribed to find out the place of residence of an individual. He also contended that the Presidential Order relating to Educational Institutions runs counter to the very objective underlying Article 371-D of the Constitution of India introduced by 32nd Amendment Act, 1973. Finally he sought for issuance of writ of mandamus directing the respondents to consider him as a local candidate of Osmania University local area and allot a seat in MBBS Course for the year 1999-2000. (2) Writ Petition No. 18108 of 1999 :