D RAJESH BABU Vs. NIMS

JUDGEMENT

(1.) At issue, is the very important constitutional question as to whether area reservation basing on the residence in a particular region of a State of Andhra Pradesh prevails over the Class reservation envisaged under Article 15 (4) of the Constitution of India relating to admissions into educational institutions and more particularly, post-graduate medical courses.

(2.) . Both the Writ petitions pertain to admission into M.S. Orthopaedics of Nizam Institute of Medical Sciences- a State-wide Institution - which is the deemed University. Reservations to Scheduled Tribe, Scheduled Caste and Backward Classes are in the ratio of 6 : 15 : 25 respectively. The following table in various disciplines shows the number of seats conforming to the above ratio of reservation: <FRM>JUDGEMENT_290_ALT6_1997Html1.htm</FRM> With M.S. Orthopaedics consisting of 4 Seats, with which we are concerned, reservation of one seat each for B.C. and S.T. has been provided in the above discipline. Dr. Satyam, the appellant in W.A.No. 141 of 1996 ( arising out of W.P. No. 29820/1995) who belongs to B.C.-B. category had obtained 107 marks and claimed preference for admission over Dr. Jayabharath Reddy from Andhra University area. His case is that, he having obtained the highest marks among the B.C. candidates ought to be given the seat. Dr. Rajesh Babu, the appellant in W. A.No.140/1996 (arising out of W.P. No. 29700/1995) belongs to S.T. Category and having obtained 97 marks claimed preference over Dr. Padma who is also S.T. candidate and who has obtained less number of marks i.e., 73. The Nizam Institute of Medical Sciences (for short "NIMS") has contested the claims made by the above appellants. Contest is also made by the other candidates who are successful in getting the admissions. Reliance is placed on the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 which is issued by the President of India, in exercise of the powers conferred upon him under Clauses (1) and (2) of Art. 371-D of the Constitution of India as amended by A.P. Educational Institutions (Regulation of Admissions) Amendment Order, 1991. Under Para 6 of the Order, 1974, admission to 85% of the available seats in every course of study provided by State-wide University be reserved in favour of and allocated among the local candidates in relation to the local areas specified in Para 3, in the ratio of 42 : 36 : 22 respectively for Andhra University area, Osmania University area and Sri Venkateswara University area. Whether the said ratio of reservation has got any application to any course of study in which total number of available seats does not exceed 3, however, is a question apart in these appeals, as we are concerned with 4 seats in M.S. Orthopaedics. Out of the said 4, one under the said order is unreserved and a person, namely, Parameswar Rao, who has secured 110 marks is selected. He happens to be from Andhra University area. No controversy is raised with regard to his admission. Disputed selections, however, are of Dr. Jayabharath Reddy who hails from the local area of Andhra University and Dr. Padma who hails from the local area of Osmania University. The third candidate Dr. Obulpathy, hails from Sri Venkateswar University area. The marks obtained by Dr. Jayabharath Reddy, Dr. Obulpathy and Dr. Padma are 108, 109 and 73 respectively. As stated above, Dr. Satyam who belongs to B.C. - B category and is from Andhra University area and Dr. Rajesh Babu who belongs to S.T. category and is from Andhra University area have claimed that they are entitled to selection. Dr. Rajesh Babu has further claimed that he having obtained 97 marks has a superior claim over Dr. Padma who has obtained only 73 marks. The claims of Dr. Satyam and Dr. Rajesh Babu, however, have been negatived on the ground that one seat each has been reserved for local areas of three Universities mentioned above. The claim of Dr. Satyam that he secured more marks than Dr. Jayabharath Reddy is negatived as he is found to have secured only 107 marks. Having regard to the area of reservation, however, Dr.Obulpathy is given admission even though he has obtained 101 marks, for he hails from Sri. Venkateswara University area. Likewise, Dr. Padma who hails from Osmania University area is denied admission. Learned single judge has upheld the selection. Hence, these appeals.

(3.) M/s. S. Ramachander Rao and S.A. Chary, the learned Counsel appearing for the appellants have submitted that class reservation envisaged under Article 15 (4) of the Constitution has to be followed having regard to the rotation system and reservation for B.C. and S.T. candidates. Their contention is that any other provision with regard to reservation should yield to this special provision contained under clause (4) of Article 15 which was brought- forth by amendment for the purpose of the classes which are both, socially and educationally backward. The learned Counsel for the respondents has contended that class reservation has to be applied within the area reservation.