CHAIRMAN UNIVERSITY OF HEALTH SCIENCES Vs. K TULASIRAM

JUDGEMENT

(1.) Heard.

(2.) The instant appeal under Clause 15 of the Letters Patent is preferred by the Chairman, Under Graduate Admissions Committee, University of Health Sciences, Vijayawada, and the Registrar of the University against the judgment in Writ PetitionNo.20692 of 1995-apetition under Article 226 of the Constitution of India by K. Tulasiram, a minor represented by his father and guardian K. Hanumanthaiah. Petitioner-respondent claimed that he qualified for admission in theM.B.B.S.course of the University yet he was denied a seat in the first year M.B.B.S. of Sri Venkateswara University on the ground that he was not a local candidate as contemplated under the Presidential Order issued under Article 371-D of the Constitution of India, 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 in the matter of education.

(3.) Writ petitioner-respondent was born on 6-4-1978 in village Valasapalle in Chittoor District falling within the local area as stipulated for the purposes of education under the domain of the Undergraduate Admissions Committee, University of Health Sciences, Vijayawada. He studied in Jawahar Navodaya Vidyalaya, Valasapalle in VI to VIII Standards during the years 1988 to 1991. He, however, studied in the IX and X Standards of the institution in a place called Pabra in the district of Hissar in the State of Haryana in the years 1991-92 and 1992-93 and returned back for Intermediate studies duringthe years 1993-94 and 1994-95 and got admitted in Srinivasa Junior College, Tiruchanoor in Chittoor district. He was permitted to sit in the Engineering and Medical Common Entrance Test -1995 (EAMCET) and secured a rank of 11050. Since he belongs to Scheduled Tribe, according to him, he fully qualified on merits for admission into the M.B.B.S. course of study of a college in the University falling in the local area.