DODDA PRAVEEN REDDY Vs. THE GOVERNMENT OF TELANGANA

JUDGEMENT

(1.) THIS writ petition is filed seeking writ of mandamus declaring the petitioners as local candidates within local area of Osmania University as in -service candidates for the admission into P.G. Medical Degree and Diploma Courses for the academic year 2014 -15 and consequently to direct the respondents to consider and admit the petitioners into P.G. Medical Degree and Diploma Courses for the academic year 2014 -15 as Local in -service candidates on the basis of their merit rank in the Entrance Test conducted by the respondents.

(2.) BRIEF facts necessary for disposal of the writ petition are as follows:

(3.) AFTER filing of the writ petition, in view of the effect of the Andhra Pradesh Re -Organization Act, 2014 which has come into effect from appointed day i.e., on 02.06.2014, the petitioners filed additional affidavit stating that the entrance notification for the academic year 2014 -2015 was issued by the 3rd respondent under the united State of Andhra Pradesh on 17.01.2014 and that the entrance test and results were published while the state was united and the Presidential Order issued under the pre -amended Article 371 -D of the Constitution of India was in force. It is stated that Article 371 -D, which enables the President to issue Presidential Order in the matter of education in the then existing State of Andhra Pradesh, has been now substituted by a new provision as per Section 97 of the A.P. Reorganization Act, 2014 (for short the Act 6 of 2014). It is further stated that Section 101 of the Act 6 of 2014 empowered the State of A.P. and State of Telangana to adopt or make modifications to the existing law i.e., before the appointed day within a period of two years whether by way of repeal or amendment. It is stated that Section 102 of the Act 6 of 2014 has also empowered any Court, Tribunal or Authority with power to enforce any law to construe such law in its application to the State of A.P. and State of Telangana in such a manner, without affecting the substance as may be necessary or proper. It is stated that the definition and the rule defining the local candidate has become inappropriate and inapplicable and ceases to exist after 02.06.2014 by virtue Section 97 of the Act 6 of 2014 as Article 371 -D stands substituted as repeal to that effect except to the extent saved by Section 95 of the Act 6 of 2014 i.e., in respect to quotas admissible under the pre -existing Article 371 -D of the Constitution of India. Therefore, all the persons who have studied with 7 years residential or educational qualification before the qualifying examination to relevant qualifying examination or 4 years of study ending in the qualifying examination are eligible to be treated as local candidates for the purpose of admission into the P.G. Medical and Diploma Courses. It is further stated that the only qualification of nativity followed by residence or number of years study in the local area becomes relevant to treat the petitioners as local candidates satisfying the requirements of nativity, education and residence, in view of the Act 6 of 2014, till the respective states adopt or amend the laws to their circumstances.