D PAMPAPATHI REDDI Vs. GOVERNMENT OF ANDBRA PRADESH

JUDGEMENT

(1.) The petitioner who secured 165 marks out of 200 (i.e. 82 per cent.) in science subjects and 35 marks out of 50 (i.e,70 per cent) in English could not secure admissior into the 1st year integrated M.B.B.S. course in the Osmania University even in the 15 per cent, quota, since a local candidate having secured 85 per cent marks was preferred to the petitioner on the ground that the 15 per cent, of the seats are not meant exclusively for the non-local candidates alone and they are meant for all local and non-lccal candidates.

(2.) Sri Adinarayana Reddi, the learned Counsel for the petitioner, contends that the Presidential Order clearly shows that 85 per cent of the seats are reserved for the local candidates and it is higlhy unjust if the remaining 15per cent, of the seats reserved for the non-local candidates is also thrown open to the local candidates and by making the 15 per cent of the seats available to local candidates the rights of the nonlocal candidates to that extent are being deprived of. He also contends that the 1st respondent has issued G.O.Ms. No. 749, Education, dated 22nd August, 1974 laying down the procedure implementing the reservation made in favour of the local candidates under the Andhra Pradesh Educational Institutions (Regulations of Admissions) Order, 1974. In annexure to this order it is stated that in the list drawn up on the basis of merit, local candidates can be given in excess of the 85 per cent of the seats reserved for local candidates. He, therefore, contends that the procedure laid down by the Government runs counter to the reservation made under the provisions of the Andhra Pradesh Educational Institutions (Regulations of Admissions) Order, 1974 and hence G.O. Ms. No. 749, Education, dated 22nd August, 1974 cannot be given effect to as the same is not in accordance with the Presidential Order. He finally contends that the preparation of the list following the procedure laid down in G.O. Ms. No. 749, Education, dated 22nd August, 1974 allotting the seats meant for non-locals to local candidates is not legal and valid.

(3.) As against these contentions, Sri Seetharama Reddi, the learned Government Pleader, contends that it cannot be said that the 15 per cent, of the seats are exclusively meant for or reserved for the non-local candidates and any meritorious local candidates is at liberty to compete for the 15 per cert, of the seats and hence G.O.Ms. No. 749, Education, dated 22nd August, 1974 cannot be said to be illegal and invalid nor can it be said to be contrary to the Presidential Order.