S SUSHMA KUMARI Vs. STATE OF A P

JUDGEMENT

(1.) This common order shall dispose of both the Writ Petitions as common questions of fact and law arise for consideration. The fact of the matter as noticed hereunder is with reference to Writ Petition No.8733 of 2004, which is not much different from the other, except the context. The N.T.R. University of Health Sciences, third respondent, (hereafter called, the University) issued a notification on 9-6-2003 inviting applications for entrance test for admission to fourteen seats of Master of Dental Surgery (MDS) in Government Dental College, Hyderabad. The entrance test was conducted on 27-7-2003 and the results were announced on 11-8-2003. First petitioner, Dr. G. Rajni Kumar belongs to Backward Class D- Group. (B.C-D). He obtained rank 8 and second petitioner Dr.S.Sushma Kumari, who belongs to B.C.B category also appeared in the entrance test and obtained rank 23. All the persons, who were qualified in the enhance test were asked to appear before the Selection Committee on 20-8-2003 for counselling. The same could not, however, be proceeded with owing to certain legal impediments. At that stage, second petitioner filed W.P.No.20769 of 2003 contending that being the highest ranking candidate among B.C.-B candidates she ought to have been offered a seat in MDS (Orthodontia), prayed for a Writ of Mandamus to declare the action of the University in filling up the seat in Orthodontia reserved for B.C-B candidates with any student not belonging to Osmania University (OU) local area, is bad in law and for a consequential direction to the University to admit the petitioner in MDS (Orthodontia). Along with the Writ Petition she also filed miscellaneous applications, being W.P.M.P. Nos.25988 and 25989 of 2003 praying for provisional admission and for injunction restraining the University in filling up the seat in MDS (Orthodontia). This Court by order dt.10-2-2004 dismissed both the W.P.M.Ps.

(2.) The Selection Committee met on 28-4-2004 when the petitioners appeared before the Selection Committee. Allegedly first petitioner is highest ranking candidate among B.C-D and second petitioner is highest ranking candidate among B.C-B group, the University did not admit them and therefore they filed the second Writ Petition, being W.P.No.8733 of 2004 praying for a declaration that the action of the University in filling up MDS as un-reserved seat with BC candidates as arbitrary and violative of Article 14 of the Constitution of India, and for a declaration that the action of the respondents in not filling up the seats in Osmania University area with BC candidates as arbitrary and vioiative of Article 14 of the Constitution, and for a direction to respondents to fill up the seats in MDS course with B.C. candidates in Osmania University ;egion and also treat the rank holder Nos. 1 and 2 as unreserved seats and fill up the resultant seats with next meritorious candidates in the merit list. They also seek a direction to respondents to consider the case of the petitioners foi admission into MDS course in any specialty for the academic year 2003-2004 duly filling up unreserved seats at the first instance and fill up the 85% of seats with the petitioners. Petitioner's specific pleadings

(3.) The case of the petitioners in a nutshell is as follows. There are fourteen seats in seven specialties - two seats in each specialty; in MDS course. Seven seats are to be filled up by candidates belonging to other communities (OC candidates) and seven seats are reserved in favour of candidates belonging to reserved classes - S.C., ST., and B.Cs. As per the relevant Rules and administrative guidelines framed/issued by Government, four seats out of seven reserved seats have been earmarked for B.C. candidates, two seats for S.C., and one seat for ST. The seven unreserved seats are filled up according to roaster in a cycle of seven years. As per Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 (Presidential Order, for brevity) read with relevant rules, out of fourteen seats, five seats are earmarked for candidates belonging to Andhra University (AU) local area four seats for Osmania University (OU) local area, and three seats are set apart for Sri Venkateswara University (SVU) local area. The remaining two seats are treated as unreserved (UR) to be filled up by high-ranking meritorious candidates as per specialty option/choice of such non-local candidates.