T SRINIVAS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of writ petitions, a common question as to the interpretation of sub-rule (2) of rule 2 of the Rules for admission to the Post-Graduate Medical Courses in the Medical Colleges in the State of Andhra Pradesh arises for consideration and hence these writ petitions are heard together and disposed of by a common order. Before adverting to the facts, it is necessary to briefly refer to the relevant rules relating to admission to the Post-Graduate Medical Courses. These Rules are framed by the Government of Andhra Pradesh, Medical & Health (E-1) Department, in G. O. Ms. Nos. 282 M. & H. dated 10th April, 1978 as amended in G. O. Ms. Nos. 323 and 324 M. & H. dated 3rd May, 1978.

(2.) Rule 1 read with Annexure-I prescribes the number of seats available both in decree and diploma courses in each University area. Rule 2 provides for special reservations. Rule 3 provides for reservations in favour of local candidates. Under rule 4, a candidate ean apply for not more than three subjects including a diploma course on a single application form. Rule 5 prescribes that all candidates who have passed M.B.B.S. Examination of one of the Universities of the State or of any other University recognised as equivalent thereto and who would be completingtheir. compulsory rotating internship, are eligible to apply for the Post-Graduate Course. Rule 7 provides that selection of the candidates for the; Post Graduates seats shall be by an entrance test conducted ordinarily in the month of April to May each year. Rule 8 empowers the Government to constitute a Selection Committee for each University area, the syllabus for the entrance test, the type of question papers to be answered by the candidates the minimum marks required to pass in the Entrance Test, the preparation of a merit list on the basis of the merit obtained at the entrance test and selection of candidates on the basis of the rank in the merit list.

(3.) All the petitioners herein have passed the M.B.B.S. Examination and have been selected by the Andhra Pradesh Public Service Commission for appointment as Civil Assistant Surgeons and have applied for admission to the Post-Graduate Courses, in different subjects giving their order of preference.