A MURALIDHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Chandra Reddy, C.J. 1. This petition is filed for the issue of a writ of certiorari to quash the proceedings relating to selection of candidates for admission into the First year M.B.B.S., course in Osmania Medical College and Gandhi Medical College, Hyderabad for the academic year 1958-59 by deleting the G.O. Ms. No 1071, (Health) dated 26-5-1958. The petitioners, four in number, are Graduates of the Osmania University who have passed B. Sc. Examination. In that examination, the 1st and 2nd petitioners have secured 61.2% marks in the Optionals, the 3rd petitioner 59% and the 4th 58.7% marks. In answer to a notification D/-1-6-1958 calling for applications for admission into the first year M.B.B.S. course in the aforesaid Medical Colleges commencing from July, 1958, the four petitioners sent in their applications to the Principal of the Osmania Medical College. They were not called for the interview held by the Selection Committee for selecting candidates. This was obviously for the reason that they had not obtained the requisite number of marks in their Intermediate examination specified in the G.Os. issued on 26-5-58 and 14-6-1958. Having thus been disappointed, they have come forward with these petitions after the final selections were made, challenging the validity of the Government Orders which formed the basis of the rejection of their applications.

(2.) By and under the G.O.Ms. 1071 (Health) dated 26-5-58, the Government of Andhra Pradesh divided the whole State into five groups of districts for purposes of admission of students to the Government Medical Colleges in the State three in the Andhra area and two in the Telangana area. We are here concerned only with the Telangana area which was divided into two regions. Region No. 1 consisted of the twin cities o Hyderabad and Secunderabad while Region No. 2 comprised the rest of the Telangana area. Out of a total of 430 seats available for admission of candidates to the 1st year in the M.B.B.S. course in the Medical Colleges, 150 are available in Osmania Medical College and Gandhi Medical College and these seats were allotted to candidates from Telangana area. Out of them, certain seats were set apart for canidates from outside the State of Andhra Pradesh in addition to the reservations being made to schedule castes and scheduled tribes, socially and educationally backward classes and women candidates. The reservations pertinent in the present context are those made for Marathwada and Karnatak areas which formed part of the former Hyderabad State. That G.O. contained various other particulars all of which need not be detailed here. But, it is essential to note the educational qualifications prescribed for admission into the colleges. It is in these terms: "(A) A pass in the Intermediate Examination with Physics, Chemistry and Natural Science (Biology) as Optionals; or (B) A pass in the pre-professional (Pre-Medical) Examination with Physics, Chemistry and Natural Science (Biology) as Optionals; or (C) A pass in an examination recognised by the State Government as equivalent thereto. (c) .........and for purposes of selection to the M.B.B.S., Course, the total Marks obtained by the candidates in Part III (Optional) only in the Intermediate or the pre-professional (pre-medicine) examination shall be taken into account. In assessing the comparative merit of candidates, who have passed the Intermediate or the B.A./B.Sc. Degree Examination, the benefit of higher percentage of marks obtained by them at either of these examinations shall be given to the candidate. Those who passed the qualifying examinations in the first attempt shall be given priority in selection and higher ranking. (d) Only candidates who have obtained not less than forty rive per cent of the total marks in all the subjects in the qualifying examination in respect of pre-professional Course in Medicine and in Part II (Optionals) in respect of M.B.M.S., Course shall be considered."

(3.) A week later, this G.O. was amended in one respect by G.O No. 1155 dated 4-6-1958 The effect of it was that the marks obtained by the candidates in the Intermediate examination or other equivalent examination would be taken into account for the purpose of admission to the M.B.B.S., Course. This came into force much earlier than the last date fixed for making applications for admission, namely 25-6-1958. According to the petitioners, it is the amended G.O. that had adversely affected them and had excluded them even from an interview. The legality of these G.Os. is attacked on several grounds.