SRIVIDYA P. Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) SINCE identical issues arise in these two writ petitions, they are being disposed of by a common order.

(2.) THE petitioners in these writ petitions sought for a writ of mandamus to invalidate the amendment brought out to R.9 of the Andhra Pradesh Unaided Non - Minority Professional Institutions (Regulation of Admission to Under - graduate Medical and Dental Professional Courses) Rules, 2007 whereby sub-clause (c) to sub-rule (3) of R.9 has been inserted. The petitioners also sought for setting aside the allotment of MBBS seat to respondent No. 5 who is common in both the writ petitions, under NCC quota, by holding that the certificate obtained by respondent No. 5 after the qualifying examination of EAMCET, 2007 cannot be the basis for fixing the priorities.

(3.) -5-2007. It is not in dispute that all of them have got qualified in the said entrance test. The Government of Andhra Pradesh in exercise of its Rule making power under S.3 and S.15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 framed rules called the Andhra Pradesh Unaided Non - Minority Professional Institutions (Regulation of Admission to Under - graduate Medical and Dental Professional Courses) Rules, 2007 (for short "the Rules"), in supersession of the earlier Rules issued in the year 2004 and published in Andhra Pradesh Gazette dated 2-5-2007. The said Rules, inter alia, provided for reservations in favour of SC, ST and BC communities to the extent of 15%, 6% and 25% respectively. In addition to these reservations, the Rules provided for reservation for special category under three heads, namely; (i) Physically handicapped (3%), (ii) National Cadet Corps (NCC) (1/4%) i.e., 0.25% and (iii) Games and Sports (1/2%) i.e. 0.50%. R.9(3)(a) under which these reservations for special categories are provided reads as under: "Seats shall be reserved in each course for the following categories to the extent indicated against them." 4. Before counselling for admissions into the various courses was commenced, the Government made amendment to R. 9 by adding Cl. (c) to sub-rule (3) of R. 9 and the said clause reads as under :