K NARAYANAN Vs. STATE

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari to quash R.7 of the Andhra Pradesh Regulation of Admission of Students into Medical Colleges Govt. Dental College Rules, 1983 (for short 'the Admission Rules') as unconstitutional and void being violative of Art.14 of the Constitution and also to quash the Memorandum No. BST/ENT/84 dated 19-7-1984 issued by the Principal, Osmania Medical College, Hyderabad informing the petitioner that he is not eligible to sit for M.B.B.S. Entrance Examination for the year 1984-1985, as he does not belong to Andhra Pradesh. Learned counsel for the petitioner, during the course of the arguments, however, confined the objections only to the validity of R.7(9) of the Admission Rules and did not contend that the provisions contained in R.7 other than in sub-rule (9) were unconstitutional. It is, therefore, necessary to examine how far R.7(9) of the Admission Rules is violative of Art.14 of the Constitution, as contended by the petitioner. In order to appreciate the contention, it is necessary to briefly set put the historical background.

(2.) By S.3 of the Constitution (Thirty-Second Amendment) Act 1973, Art 371-D was introduced with effect from 1-7-1974. The provisions in Art 371-D were directed towards making special provision with respect to the State of Andhra Pradesh in the matter of public employment and in the matter of education having regard to the requirements of the State as a whole for equitable opportunities and facilities for the people belonging to different parts of the State. Art.371-D(1) confers power on the President to make an order for the above purpose. Art.371-D(2) specifies the matters which can form the subject-matter of the order which may be passed by the President. It is provided inter alia that the order of the President may specify any part or parts of the State which shall be regarded as the local area for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government. It is also provided inter alia that the order may specify the extent to which, the manner in which and the conditions subject to which, preference shall be given or made in the matter of admission to any such University or other educational institution referred to in sub-cl.(b) of Art.371(d)(2) to or 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 educational institution. In exercise of the above power, the President of India made with respect to the State of Andhra Pradesh an order called "The Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974" (hereinafter referred to as 'the Presidential Order'). Under the Presidential Order, the State of Andhra Pradesh is divided into three parts. The first part may be popularly called the area consisting of the Circar Districts, the second part consisting of the districts in the Telangana area and the third part consisting of the district in the Rayalaseema area. The first part relating to Circar Districts comprised of the Andhra University and Nagarjuna University the second part comprising the Telangana area included the Osmania University and the Kakatiya University and the third part relating to Rayalaseema area included Sri Venkateswara University. The State is thus divided into three local areas. Paragraph 4 of the Presidential Order deals with the local candidates for admission to any course of study in relation to a local area and sets out the requirements for eligibility to admission in each particular local area. Suffice it for the present purpose to state that the eligibility is determining (determined) with reference to the residential qualification in the local area of the candidate seeking admission to any course of study. Paragraph 6 of the Presidential Order specifies reservation in Statewise Universities and Statewide educational institutions. Admissions to eighty five per cent of the available seats in every course of study provided by a Statewide University or a Statewide educational institution shall be reserved in favour of and allocated amongst the local candidates in relation to the local areas specified above. The proportion in which the available seats shall be allocated among the three local areas is also mentioned. The Presidential Order does not specify as to how the balance of fifteen per cent of the available seats shall be filled in Paragraph 9 of the Presidential Order provides that the provisions of the Order shall have effect notwithstanding anything contained in any statute, ordinance, rule, regulation or other order (whether made before or after the commencement of this order) in respect of admissions to any University or to any other educational institution subject to the control of the State Government. Paragraph 10 of the Presidential Order provides that nothing in the order shall affect the operation of any provisions made by the State Government or other competent authority in respect of reservations in the matter of admission to any university or other educational institution in favour of women, socially, educationally backward classes of citizens, the Scheduled Castes and the Scheduled Tribes in so far as such provisions are not inconsistent with the order. On a brief survey of the above provisions, it would be seen that provision is made by the Presidential Order for filling in the available seats in every course of study in each local area by the local candidates and it is obligatory that eight-five per cent of the available seats shall be filled in by the local candidates in relation to each local area.

(3.) In the implementation of the Presidential Order, doubts seem to have arisen as to how the balance of fifteen per cent of the available seats should be filled in. It was thought that the balance of fifteen per cent of the seats were reserved only for non-local candidates and consequently, local candidates, who are unable to secure admission in the reserved quota of eighty five per cent, could not be considered against the balance of fifteen per cent of the seats reserved for non-local candidates. In other words, it was thought that the balance of fifteen percent of the seats were reserved only for non-local candidates. This aspect came to be considered by a Division Bench of this Court in Pampapathi Reddy v. Government of Andhra Pradesh, 1977 1 AndhWR 224. After examining the provisions of the Presidential Order this court held that as per the Presidential Order the balance of fifteen per cent of the seats were left open. Nothing was mentioned in the Presidential Order specifically to show that no local candidates could be admitted in the balance of fifteen per cent of the seats. This court also held that it could not be said that the balance of fifteen per cent of seats were reserved only for non-local candidates when the Presidential Order does not specifically mention anything with regard to the reservation of fifteen per cent of the seats for non-local candidates. After the above judgment of this court, the Government of Andhra Pradesh issued G.O.P. No. 646, Education (W) Department, dated 10th July, 1979. In paragraph 11 of the said G.O. a clarification was given as to who should be considered eligible to apply as candidates belonging to the State of Andhra Pradesh for the purpose of admission to courses of studies offered by the educational institutions, subject to the control of the State Government, against the fifteen per cent of the available seats kept unreserved in terms of the Presidential Order. It is relevant to note that the clarification is given on the basis that the candidates, who are eligible for consideration against the fifteen per cent of the available seats must belong to the State of Andhra Pradesh. On the aforesaid basis, the Government specified that the following categories of candidates belonging to the State of Andhra Pradesh could be considered for admission against the fifteen per cent of the available seats kept unreserved in terms of the Presidential Order :