NITESH NARAYAN Vs. UNIVERSITY OF HEALTH SCIENCE

JUDGEMENT

(1.) In all these Writ Petitions, the interpretation of the A.P. Educational Institutions (Regulation of Admission) Order, 1974 (popularly known as 'Presidential Order, 1974') vis-a-vis the AP. Professional Educational Institutions (Regulation of Admissions into Under Graduate, Professional Courses (through Common Entrance Test) Rules, 1993 (for brief 'EAMCET Admission Rules') arises for consideration. Therefore, all the Writ Petitions are disposed of by a common order.

(2.) All the petitioners herein have appeared for Engineering, Agricultural and Medical Common Entrance Test (for brief 'EAMCET-97'). They betong to Osmania University Local area and obtained sufficiently high ranking. They applied for admission to M.B.B.S., course in Medical Colleges falling under Osmania University Area, under total category. But, however, they were not given admission in the Medical College of their choice under total category and on the other hand, the non-totals were given admissions in excess of the quota fixed under the Rules. Therefore, they seek appropriate directions. The individual averments in respective cases have not been referred to in this batch as the question falls for consideration is the interpretation of the Presidential Order and the Rules referred to above. Though issue in these cases was confined to the reservation to the total candidates in accordance with the Presidential Order, the learned Advocate General submitted that the Health University have not followed the constitutional reservations made to SC/ST/BC, Women etc. in respect of admissions to educational institutions and that the Committee appointed by the Government had observed that the reservation process adopted by the University was not proper. Therefore, he requested this Court to also consider the correctness of the admissions made by the Health University so that the principle of reservation in these institutions could be settled once for all. Thus, the scope of the consideration was also extended to the validity of the process of admission apart from interpretation of the Presidential Order and the rules and the respective reservations under the Presidential Order and the EAMCET Admission Rules.

(3.) The learned Counsel appearing on behalf of the petitioners submit that under the Presidential Order as amended from time to lime, 85% of the available seats in every, course of study shall be reserved for the total candidates subject to the reservation and that the 15% of such seats are ear-marked for non-totals. The procedure adopted by the Health University who is the competent authority for admission to M.B.B.S., course in the entire State is not in accordance with the Presidential Order and the EAMCET Admission Rules. The University has taken the entire University total area for the purpose of admission and not each institution which is contrary to the Rules. They also submitted that by virtue of not following quota reserved for totals and non-totals, a serious imbalance has been created in each institution. Instance of this was quoted with reference to Osmania University Medical College, wherein 200 seats were allotted for M.B.B.S., course, out of which 85% should be reserved for totals, if this reservation is followed, about 155 total candidates excluding S.C. candidates whose admissions not yet finalised will get admission, but, on the other hand, only 86 candidates were given admission thereby denying the admission of totals to the extent of 85% in the respective Colleges of their choice. On the other hand, the University in its counter stated that they followed the Presidential Order strictly and made admissions keeping in view G.O.Ms.No.646 dated 10-7-1979 and also EAMCET Admission Rules prescribed in G.O.Ms. No. 184 dated 20-8-1993. It is the case of the University that as far as Osmania University area is concerned, 450 seats were allotted, out of which totals are eligible for 383 seats and 67 seats were un-reserved. They have given a brake-up as follows: It is the case of the University that admission was made as per Rule 7(6) and 85% of the available seats were ear-marked for totals and 15% of the seats were treated as unreserved. The Selection Committee selected the candidates into 1st year M.B.B.S., course for the academic year 1997-98 basing upon the merit ranking, option of the candidates, region, sex etc. Since the unreserved candidates secured higher merit ranking than the totals, they were given admission in the colleges of their choice. Thus, to the extent of 57 seats in Osmania Medical College and 10 seats in Gandhi Medical College went to unreserved candidates. Further; the reservations to B.C., S.C., ST., etc. candidates need not be followed in respect of 15% unreserved seats. The relevant paras in the counter reads thus: "The Selection Committee selected the candidates for admission into 1st year M.B.B.S., Course for the year 1997-98 basing upon the merit (Rank), Option of the candidates, Region, Sex. As the unreserved seats are University area wise only, the candidates with merit shall be allotted to their higher preference of the institution as tong as the availability of seats basing upon the Region (Local or Non-Local), Sex etc. The 57 candidates with RankNo, 1, 2, 3, 8, 10, 12, 13, 14, 17, 18, 23, 27, 29, 31, 32, 37, 38, 43, 55, 57, 61, 69, 70, 74, 75, 76, 77, 84, 86, 87, 88, 91, 94, 96, 98, 99, 102, 106, 107, 108, 110, 117, 119, 120, 122, 126, 127, 130, 131, 136, 137, 142, 145, 146, 148, 152 and 156 who are better meritorious than the petitioner have given the Osmania Medical College, Hyderabad as 1st preference for selection into M.B.B.S., Course. As the seats under O.C. Category and as the unreserved seats of O.U./KU. area were available at the turn of the above 57 candidates, the candidates were selected for admission into M.B.B.S., Course at Osmania Medical College, Hyderabad and allotted to Osmania Medical College, Hyderabad. Similarly, 10 candidates with merit have opted Gandhi Medical College, Hyderabad and as per merit and availability of seats under O.C. and unreserved, the candidates were selected and allotted to Gandhi Medical College, Hyderabad as per the preference of the candidates. The 67 available unreserved seats of O.U./K.U area were over at Rank No. 183. The Selection and allotment of the candidates depends upon the Rank, Local or Non-total of the candidate to that particular University area, upon the availability of unreserved seats at the turn of the candidate. As per Rule 8 of G.O.Ms.No.184, Education Department, dated 20-8-1993, institution wise reservation is there for categories i.e., B.C., S.C., ST., only but not for 15% of Unreserved seats."Thus, it is the contention of the University that the un-reserved seats need not be on institution-wise and it is only on University wise, by such allotment, the candidates who get higher ranking marks will have option to choose the Medical College and accordingly 57 candidates out of 67 depending on their merit choose Osmania Medical College and to Gandhi medical College and thus there is no irregularity and illegality in the allotment. It is further stated that Rules in G.O.Ms.No. 184 only mention about the university area wise reservation in respect of the categories of BC, SC, and ST only and so far as the unreserved seals are concerned, there is no institution wise reservation and hence it is open for the University to grant admission in any of the Government colleges in Osmania University area