S.P. SHIANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) IN this writ petition, the petitioners, who are medical graduates aspiring to enter into medical post -graduate and diploma courses, have invoked the jurisdiction of this Court by way of this petition under Article 226 of the Constitution of India, seeking to issue a Writ of Certiorari or any other appropriate writ or order or direction with the following reliefs:

(2.) ADMISSIONS into post -graduate professional courses in medical and dental/super speciality courses in unaided non -minority professional institutions in the State of Andhra Pradesh are governed by the Rules titled as Andhra Pradesh Un -aided Non -Minority Professional Institutions (Regulation of Admissions into Post Graduate Medical and Dental Professional Courses/Super Speciality Courses) Rules, 2013, which are framed by the State of A.P., in exercise of powers conferred under Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (Act No.5 of 1983). As per the said Rules, 50% of the sanctioned intake of seats (management quota) can be filled -up by the individual private un -aided non -minority institutions with the eligible candidates in order of merit after following the fair, transparent and non -exploitative procedure. Earlier to present Rules, there were another set of Rules framed at first instance in the year 2004, but the same were amended from time to time and the Rules that are now in force, are framed vide G.O.Ms.No.93, Health, Medical and Family Welfare (E1) Department, dated 01.07.2013. As per Rule 4(v)(a) of the said Rules, for making admissions under 50% management quota seats, colleges have to prepare the merit list of candidates by giving weightage of 15% of marks secured by them in the interview conducted by the management. After receipt of applications from the students, college shall scrutinize such applications and prepare merit list on the basis of individual cumulative performance in their I, II and III year MBBS course and display the list of candidates eligible for interview. After conducting interviews, a final merit list will be drawn based on the individuals cumulative performance in I, II and III year MBBS course which will carry 85% of weightage and the marks obtained in the interview, which will carry 15% weightage and such list has to be sent to the University and on approval of such list by the University, colleges are empowered to admit the candidates strictly in the order of merit as shown in the approved merit list.

(3.) THE 4th respondent is an un -aided non -minority institute imparting medical education in graduate and post -graduate courses. The petitioners, who have completed their MBBS course, claim that, with a view to secure admission into post -graduate degree and diploma courses in the management quota for the academic year 2014 -15, have submitted applications to the