KUMARI AKHTAR Vs. ADMISSION COMMITTEE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for the issue of a Writ of mandamus directing the respondents to consider the application of the petitioner and pass order thereon.

(2.) The Principal of Osmania Medical College, Hyderabad catled for applications for admission into the two Medical Colleges in the city of Hyderabad, the last date for the receipt of applications being 25-6-1958. The petitioner, who secured 59 per cent of marks in Part III of the Intermediate Examination consisting of Physics, Chemistry and Biology, applied for a seat in answer to that notification. She was one of those who were interviewed by the Selection Committee and was awaiting receipt of orders. She seems to have been selected for admission into the college. It is stated in the affidavit filed in support of the petition and which is not denied by the respondents that she secured the ninth rank in the list of candidates selected from the Marathwada area.

(3.) At this stage, it is convenient to recapitulate the circumstances under which the reservation came to ho made for the students belonging to this area which once was a part of the erstwhile Hyderabad State and was subsequently included in the Marath-wada-Bombay State. Consequent on the reorganisation of States in 1956, the State of Andhra Pradesh reserved 10 per cent of seats available on 1-11-1956 in Osmania and Gandhi Medical Colleges for students coming from the Marathwada area pursuant to the Government of India's notification No. 21/I/57/SHR SR (R)-I dated 9-6-1957 for a period of two years. This reservation was given effect to in the year 1957-58. Meanwhile, the State of Andhra Pradesh represented to the Union Government that the reservation made for the Marathwada area should be cancelled for the reason that there was no corresponding reservation made in the Bombay Medical Colleges. While the correspondence was going on with the Bombay and Union Governments with regard to the cancellation of allotment of seats, the above-mentioned notification was issued and students belonging to the Marathwada area submitted their applications to the Principal.