C SUBRAHMANYAM Vs. REGISTRAR UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) The petitioner Dr. C. Subrabmanyam appeared for the entranceTest for admission into M. Ch. (Genito Urinary Surgery) Course conducted on 11-6-1988. Tre results were published on 25-6 1988 and the petitioner secured 6th rank. Only three seats are available in this course of study out of which are allotted to Osmania Medical College and one to Andhra Medical Ccllcgc, Visakhapatnam. As per the provisions of the Presidential Order out of two seats in Osmania Medical College one seat shall go to a local candidate. Only one seat is available for open competition. Dr. Madhukar who secured 4lh rank was given the reserved seat in Osmania Medical College as he hails from the Telangana region and Dr. Subba Rao who secured 1st Rank WES given the unreserved seat in Osmania Medical College as he opted for a feat in Osmania Medical College. Dr. Muralikrishna who secured 2nd rank was given the seat in Andhra Medical College as he hails from the Andhra Region. Aggrieved by the non-allocation of a seat to the petitioner he filed this writ petition.

(2.) The main submission of Sri C.P. Sarathy, he learned counsel forthe petitioner, is that the petitioner hails from the Rayalaseema region and as per the spirit and the provisions of Article-371-D of the Constitution one seat must be reserved for candidates belonging to the Rayalaseema region. He also submitted that Osmania Medical College and the Andhra Medical College are under the control of University of Health Sciences which came into existence by A.P. Act 6 of 1986 as amended by Act 6 of 1987 and are State-wide universities. Therefore, the courses under its control must be treated as State-wide course and ucder Rule 6 o.f the A.P. Educational Institutions (Regulation of Admissions) Order, 1974 there should be reservation in favour of each region.

(3.) To appreciate this contention, it is necessary to refer toArt. 371-D of the Constitution which reads as under :