P SAGAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This batch of 104 Writ Petitions, referred to a Bench by an order of one of us (Venkatesam, J.) as they raise important Constitutional issues, challenges the reservations made by the Rules for selection of candidates for admission to the Integrated M. B. B. S. course in the Andhra and the Telangana are, issued through G O. Ms. No. 1135 and 1136, Health, Hoasins and Municipal Administration Department dated the 16/06/1966, of these, 84 are from the Andhra area and 20 are from the Telangana area. In the main the impugned reservations are common to both the areas, except in so far as they have been indicated hereafter.

(2.) In the Telangana area, the Seats for admission available in the Osmania Medical College are 150 while those in the Gandhi Medical College are 120; and applications for admission to these 270 seats were invited for the academic year 1966-67. Similarly for the Andhra area, the seats for which applications were called for are 150 in the Andhra Medical College, Visakhapatnam 150 in the Guntur Medical College; 150 in the Kurnool Medical College and 100 in the Sri Venkateswara Medical College; -- making in all 550 seats.

(3.) In the Telangana area, 3 seats are reserved for candidates selected by the Government of India from outside the State of Andhra Pradesh for admission to the course in the colleges. Similarly, in the Andhra area, 5 seats are reserved for Central Government candidates for admission to the Course in the Colleges in that area. With respect to these reservations of 3 and 5 seats respectively, the Government of India under Rule 2(b) shall have the right to select and nominate candidates of their own choice and the seats coming under the said reservation shall be excluded from the purview of the Selection Committee. Clause (c) of Rule 2 provides that the candidates for admission against the reservation shall possess the required minimum educational and other qualifications for admission to the course, as required under the rules If the candidates specified above are not forthcoming in any year to fill up the seats reserved for them, the vacant seats shall, under Rule 2(d) be reallotted to the overall total of the candidates in both the Telangana and the Andhra areas After deducting the above reservations allotted to the Central Government, a maximum of 5 per cent of the total number of seats available in the Telangana area, are reserved under Rule 3 for candidates who have distinguished themselves in N. C. C. A. C. C. Presidents Scouts and Guides, Sports and Extra curricular activities and children of ex-service men and armed personnel. Of these, 2 per cent of the seats are reserved exclusively for students possessing the prescribed certificates in N. C. C. and A C. C. and Presidents Scouts and Guides, to be selected in accordance with the procedure prescribed in Appendix I of the rules; 1 per cent to be reserved for sportsmen and students who participated in games, to be selected in accordance with the procedure detailed in Appendix II : and 1 per cent is reserved for students who have participated in extra-curricular activities, such as Elocution, Debats, Eassays and Fine Arts, such as Dance, Drama, Music and Painting. There are several notes added to Rule 3. which are for the present may be ignored.