P PADMANABHA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The controversy raised in this writ petition relates to the method of implementation of the rule of reservation in favour of local candidates, in the matter of admission to Post-Graduate Medical Courses. Since the said rule of reservation is made in several other courses of study as well, the issue has acquired certain general importance.

(2.) Clause (1) of Art. 371-D of the Constitution empowers the President to provide, by order, for equitable opportunities and facilities for the people belonging to different parts of the State in the matter of public employment and education having regard to the requirements of the State, as a whole. Sub Clause (b) of Clause (2) says that, the President may, while issuing an order under clause (I), specify any part or parts of the State which shall be regarded as the local area' inter alia, for the purpose of admission to any University within the State, or to any other educational institution which is subject to the control of the State Government, while sub-clause (c) empowers him to specify the extent to which, the manner in which, and the conditions subject to which preference or reservation shall be given or made, inter alia, in the matter of admission to any such University or institution, in favour of candidates who have resided or studied for any period specified in the order, in the local area in respect of such University or other institution, as the case may be.

(3.) In pursuance of clauses (1) and (2) of Art. 37J-D, the President made and issued the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 which came into force with effect from July 1, 1974. Paragraph 2 of this Order defines the several expressions, including local area'local candidate', 'State-wide educational institution and State-wide University. Paragraph 3 specifies three local-areas into which the entire State is divided. Paragraph 4 specifies the conditions which must be satisfied before one can be treated as a local candidate. Paragraph 5 provides for reservation in favour of local candidates in non-State-wide Universities and Educational Institutions. (The State-wide institutions are mentioned in the Schedule to the Order, and the Medical Colleges in the State are not among those notified in the Schedule). According to Paragraph 5 (1)