G VENKATRATNAM Vs. PRINCIPAL OSMANIA MEDICAL COLLEGE HYDERABAD

JUDGEMENT

(1.) In this batch of eleven Writ Petitions a common question is involved namely, the validity of Rule 6 (a) (i) and (ii) and Rule 17 (viii) of the Rules for the Selection Candidates for admission to the Integrated M. B. B. S. Colleges in Telangana area, appended to G. O. Ms. 1135 Health dated 16-6-1966.

(2.) Sri Y. Sivarama Sastry, addressed the main argument in W. P. No. 2523 of 67 and the Advocate appearing for the Petitioner in the other Writ Petitions adopted in the other Writ Petitions adopted his arguments. It is, therefore, sufficient to deal with the submissions made by Sri Sivarama Sastry in Writ Petition No. 2523 of 67.

(3.) The petitioner in this Writ Petition passed his Higher Secondary (Multipurpose) Certificate Examination held in the month of March, 1967, in the First Class, securing 233.5 marks in the optional subjects, thus getting an average of 74.5%. He sought admission to the Osmania Medical College at Hyderabad. His father is a Chartered Accountant, residing at Secunderabad since 1944 and the petitioner was born and bred up at Secunderabad. He sought admission in Region I of the Telangana area comprising the cities of Hyderabad and Secunderabad and he was selected from the General pool from that Region. He, however received a Memorandum dated 6-10-1967 directing him to report to the Principal, Medical College, Guntur. By that Memorandum 16 candidates including the petitioner who were selected from Region 1 under various categories for admission to be Integrated M. B. B. S., Course for the year 1967-68 were informed that they have been allotted to Andhra Area for their admission in one of the Medical Colleges in that area. The said candidates were instructed to report to the Principal, Guntur Medical College, Guntur, who is the authority-in-charge of Admissions in Andhra Area, on or before 13-10-1967 failing which their provisional admission would be cancelled . This Memorandum was apparently issued in pursuance of the G. O. Ms. 1135 Health dated 16-6-1966. Under that G. O. the Government directed that the rules specified in the Annexure to the order shall be followed in respect of admission of Students to the Integrated M. B. B. S., Course in the Medical Colleges in the Telangana area from the academic year 1966-67. The rules for the selection of candidates annexed to the G. O. state that the number of seats available for admission of candidates to the M. B. B. S., Course in the two Government Medical Colleges in the Telangana area shall be 150 for Osmania Medical College and 120 for Gandhi Medical College. There are certain rules for reservation of seats for candidates from outside the State of Andhra Pradesh, for those who have distinguished in Sports etc., for scheduled castes and scheduled tribes and for the women candidates. After providing for such reservation Rule 6 of the Rules which relates to the Regional Distribution of seats states as follows: -