N VENKATASUBBAMMA Vs. PRINCIPAL ANDHRA MEDICAL COLLEGE VISAKHAPATNAM

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to act in accordance with G.O. Ms. No. 1022, Health, dated 30th May, 1957 and to admit the petitioner in the Medical College, Visakhapatnam.

(2.) The petitioner is the son of Katragadda Raghuramiah, who is a resident of Patamata, Vijayawada, Krishna District. The petitioner was born at Vijayawada on 17th December, 1939. Soon after the birth of the petitioner, the petitioner's mother Anasuyamma was taken seriously ill and her mother took her along with the child to Visakhapatnam for medical treatment. Anasuyamma was treated for over a period of two years at Visakhapatnam and even thereafter the petitioner continued to live with his grand mother at Visakhapatnam. He was also educated in St. Joseph's Convent, Waltair, in Standards lower K. G. to second (inclusive) from January, 1945 to July, 1948. It appears that, from 1948 to 1956, he was studying in Vijayawada and was going for the vacations to Visakhapatnam. He passed his Intermediate Examination in the year 1956 and secured 60.2 per cent, of the marks in his group-Biology, Chemistry, and Physics. In 1956, the petitioner filed an application for a seat in the Medical College accompanied by a nativity certificate and, in that application, he gave his place of residence as Krishna District. It is said that the application was not considered as he was under-aged. He again applied for admission in the Medical College, Andhra area, from Region (1) in the month of June, 1957. Along with that application, the petitioner furnished a nativity certificate to the effect that he was a resident of Visakhapatnam in Region (1) for the prescribed period. He was included in the preliminary list of candidates drawn up by the Selection Committee as eligible for admission from Region (1) and he was given 15th rank in that list. In due course, he was asked by the Selection Committee to appear for an interview before it. The Selection Committee, it is alleged, gave him 40 per cent, presumably for his personality and extra-curricular activities and that raised his rank from the 15th to 5th. The Chairman of the Selection Committee along with other names submitted the petitioner's name for the decision of the Government on the question of the validity of the nativity certificate. By a letter, dated 25th September, 1957, the father of the petitioner requested the Secretary, Public Health Department, that his son's case may be disposed of immediately. On 10th October, 1957, the Secretary, Public Health Department, received a telegram from Sri P. A. Chowdhry, Advocate, questioning the acts of the Government and its subordinates in interfering with the petitioner's selection to the Medical College. By a letter, dated 18th October, 1957, the Government requested Sri P.A. Chowdhry to furnish documentary evidence to show that his client actually resided in the District of Visakhapatnam for 11 years or at least for a total period of 10 years preceding 1st January, 1957, excluding periods spent by him on his education elsewhere. In reply to the aforesaid communication, Sri P.A. Chowdhry wrote a letter, dated 4th November, 1957, enclosing therewith a certificate from St Joseph's Convent and a few affidavits from residents of Visakhapatnam. Before the Government gave its decision, the petitioner filed the aforesaid writ.

(3.) Learned counsel for the petitioner contends that the respondents did not follow the procedure prescribed by the rules made by the Government in G.O. Ms. No. 1022, dated 30th May, 1957, The Government Pleader counters this argument by stating that the rules are only administrative directions given by the Government and that non-compliance with the rules does not confer on the petitioner any right to compel the respondents to proceed in strict conformity with the rules. The contention of the Government is a double-edged weapon and it cuts both ways.