V V SAI NARESH Vs. UNION OF INDIA

JUDGEMENT

(1.) For the academic year 2005-2006, entrance examination for Super Speciality (2nd Post Graduate) Courses was held on 29-5-2005 by the University of Health Sciences, which was constituted under the Andhra Pradesh University of Health Sciences Act, 1986. In the notification issued by the University of Health Sciences, the conditions for admission to the Super Speciality (Second PG) Courses in the Medical Colleges for the said academic year were laid down; the seats in each of the super speciality were also specified along with the college or institute where they are available. Prospectus for admission to Super Speciality (2nd PG) Courses indicated the seats available under non-State wide and the seats available under the State-wide. Dr. J.A.L. Ranganath-petitioner No.1 did his MBBS (1st degree) from Adichunchanagiri Institute of Medical Sciences (AIMS) Bellur, University of Mysore, Karnataka and MD (General Medicine) from Kasturiba Medical College (KMC) Mangalore, Karnataka State. Dr. Y. Pavan Kumar Reddy-Petitioner No.2 did his M.B.B.S. (1st decree) and M.D. (General Medicine) from Kurnool Medical College. Both the petitioners took entrance examination for Super Speciality (2nd P.G.) Courses. The 1st petitioner secured 2nd rank over all for admission to D.M. (Nephrology) Course and the 2nd petitioner secured 5th rank over all and 1st rank amongst Sri. Venkateswara University Local candidates for admission to D.M. (Gastroenterology) Course. In D.M. (Nephrology) Course, there are three seats available, one each in Osmania Medical College, Gandhi Medical College and Andhra Medical College respectively. As per the notification, seats available at Gandhi Medical College and Andhra Medical College are indicated as non-State wide seats. For D.M. (Gastroentrology) Course, 4 seats are available and two of them are provided in Osmania Medical College and one each in Gandhi Medical College and Andhra Medical College. The seats available in D.M. (Gastroentrology) Course in Gandhi Medical College are shown as non-State wide seats. For D.M. (Gastroentrology) Course, 1st and 2nd and 4th ranks have been secured by the candidates belonging to the Osmania University local area. The 3rd rank has been secured by the candidate belonging to Andhra University local area. The Government of Andhra Pradesh exercising the power under Section 3 read with Section 15(1) of Andhra Pradesh Educational Institutions/Regulations of Admissions and Prohibition of Capitation Fee Act, 1983 (AP Act, 1983) amended the admission rules to the Super Speciality Courses in the Medical Colleges. The amendment was notified on 28-7-2003. The same was got published through G.O.Ms. No.409 Health, Medical and Family Welfare (E2) Department, dated 24-7-2003. Through this amendment, sub-rule 1 is added to Rule 3 of Andhra Pradesh Regulation of Admission to Super Specialties in the Medical College Rules, 1983 and it reads as follows:

(2.) The State Government has taken up the issue relating to the inclusion of the newly sanctioned Super Speciality Courses in the schedule to the Presidential Order. The Government of India rejected the proposal of the State Government and communicated the same on 27-6-2005. The decision conveyed by the Government of India, Ministry of Home Affairs to the Additional Secretary to Government Health Medical and Family Welfare Department, Andhra Pradesh Secretariat, Hyderabad read as follows:

(3.) The petitioners have filed the writ petition assailing the action of the NTR University of Health and Medical Sciences Vijayawada-4th respondent in notifying 9 seats as non-State wide seats and also the action of the Union of India in rejecting the proposals of the State Government for inclusion of these Super Speciality Courses as State-wide Courses in the schedule to Presidential Order.