MOHAMMAD IBRAHIM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The question raised in these writ petitions relates to the reservation of seats in M.B.B.S. course. These writ petitions came up lor hearing before Amareswari, J. who referred to a Division Bench having regard to the importance of the question involved in them. The petitioner in W.P. No. 11439/88 prays for a writ of mandamus declaring the action of the respondents in not providing reservation in the Rules for admission to M.B., B.S./B.D.S. courses to the physically handicapped/disabled persons as illegal and arbitrary and for a direction to the respondents to reserve one percent scats in M.B B.S./B.D.S. courses for physically handicapped/disabled candidates, In W.P.No. 11591 of 1988 a similar prayer is made in respect of N.C.C. students and for a consequential direction to direct the respondents to admit the petitioner into 1st year M.B.B.S. course. In W.P.No. 11904/88 the petitioner prays for a writ of mandamus to the respondents to increase the reservation quota in Rule 'E' from 1 per cent to 4 per cent and to consider the application of the petitioner under Rules 'F' and 'G'. In view of the questions raised in these three writ petitions, they can conveniently be disposed of together.

(2.) The Rules for Admission to lst year M.B B.S. and B.D.S. courses (for short 'the Rules') have been framed under See. 3 read with Section 15 (1) of the Andhra Pradesh Educational Institutions (Regulation ot" Admission and Prohibitation of Capitation Fees) Act, 1983 (for short 'the Act'). The said Rules have been issued by the 1st respondent in G.O.Ms.No. 339 dt. 29-5-85. Rule 8 of the said Rules deals with reservation of seats in M.B.B.S./B.D.S. courses. By sub-rule A of Rule 8, twelve seats are reserved for Government of India nominees. Sub-rule B provides reservation of 15 per cent of the available seats for the S.C. and 6 percent for the S T. candidates in State wide and non-State-wide institutions. Sub-rule C provides reservation of 25 per cent of the available seats for the B.C. candidates as per G.O.Ms.No. 1793 Education dated 23-9-1970. Sub-rule 'E' says that of the available seals for admission by the University of Health Sciences 1 per cent of the seats shall be reserved in Statewide institutions and University and non Statewide institutions in each local area for the children of Ex-Servicemen and Service Men belonging to the State of Andhra Pradesh including those serving in ether States and persons who are posted and stationed in the State of Andhra Pradesh on the date of submission of application. Sub-rule F provides for reservation for women candidates. 30 per cent of the scats in each local area is guaranteed for women candidates from all categories i. e, Open competition, Scheduled Castes, Scheduled Tribes, Backward Classes groups 'A' 'B' 'C' 'D' and Army quota. Sub-rule G provides that of the available seats for admissions by the University of Health Sciences admissions to 85 percent of the seats to 1st M.B.B S., course in Government Medical colleges shall be reserved in favour of the local candidates in relation to the local area in respect of Non-Statewide Educational Institutions as specified in Annexure 111 of G.O.Ms.No. 646 dated 10-7-1979, Education (W) Department of Government of Andhra Pradesh.

(3.) It is seen from the above summary of the rule, that no reservation is made in favour of handicapped/disabled candidates and N.C.C. students. Further under sub-rule E only 1 per cent of the seats are reserved in favour of the children of the army personnel and ex-servicemen. This is challenged by the petitioner as being discriminatory, arbitrary and illegal on the ground that in the Rules telating to admission in other professional courses viz., Engineering etc., provision is made for reserving 1 per cent of the available seats in favour of handicapped/disabled/N.C.C. candidates and 4 per cent of the seats for children of the army personnel and Ex-servicemen.