P CHINNAYYA Vs. NITESH NARAYAN

JUDGEMENT

(1.) The common order dated 11-12-1997 of G. Bikashapathi, J. made in W.P. No. 23481/97 and batch, setting aside the admissions made by the University of Health Sciences (UHS) to the 1st year M.B.B.S. course for the academic year 1997-98 and directing the UHS represented by its Registrar and the Chairman, Under-graduate Admissions Committee, UHS, the respondents in the writ petitions, to make admissions for the same with the following directions : 1. The Common Entrance Test Committee shall forthwith prepare a merit list in accordance with Rule 6 of the A.P. Professional Educational Institutions (Regulation of Admission into Under-Graduate Professional Courses through Common Entrance Test) Rules, 1993 notified in G.O. Ms.No.184, Education EO-II dated 20-8-1993 within a period of two weeks from the date of receipt of a copy of this order. 2. The competent authority namely the University of Health Sciences shall prepare similar lists as contained in Rule 6(1), (a), (b), (c), (d) and (e) in respect of the candidates who applied for admission to Government/University Professional Colleges and Private Professional Colleges. 3. The competent authority shall make' admissions to MBBS course reserving 85% scats to locals institution-wise subject to the community reservations and other non-statutory reservations made under the Admission Rules by the State Government. The competent authority shall also make admission separately to 15% unreserved seats institution-wise duly subjecting them to similar reservations as applicable to 85% local candidates. 4. In respect of State-wide institutions, 85% of available seats should be filled up by the concerned local area candidates in Andhra University area, Osmania University area and S.V. University area in the ratio of 42:36:22 subject to State reservations and 15% scats left open as unreserved seats shall be filled separately duly subjecting to State reservations. 5. In respect of private professional institutions, the relevant rule as applicable shall be followed duly observing the rules of reservations both in respect of free seats and payment seats subject to modifications mentioned in sub-rule (15) of Rule 7 of the Admission Rules in respect of Non-Resident Indians. 6. The admissions shall be made on the basis of merit ranking. They shall be made first to the local candidates in relation to relevant local area. Thereafter the admissions shall be made under unreserved quota after pooling up the unfilled seats if any local quota both OC and reserved categories. 7. In case of reserved candidates qualifying on merit for admission in OC category, the admissions shall be made on the basis of principles settled by the Supreme Court in Slate of Bihar and others v. M. Neethi Chandra and others, (1996) 6 SCC 36. 8. In case of any doubt which may arise on account of implementation of the Rules of Admission or Presidential Order, it is open for the Health University to bring it to the Notice of the Government which shall consider the same and tender proper advice. 9. This exercise shall be done within a period of 6 weeks from the date of receipt of the copy of this order. It is also appropriate for the State Government to oversee the admissions and if necessary place at the disposal of the Health University, the services of competent persons if sought by the Health University to accomplish the time bound schedule. 10. For the purpose of proper counselling the authorities shall give wide publicity for the information of candidates through various news papers apart from Radio and Television net work. is questioned in this batch of writ appeals by some of those who were admitted into different medical colleges in the State as per the first counselling, but denied admission to the same in the second counselling held pursuant to the directions mentioned above. Others have chosen to file the present writ petitions questioning the cancellation of admissions given to them as per the first counselling. It may be stated here that though no formal order was passed cancelling the admissions made pursuant to the first counselling, it is admitted that the process of selection made pursuant to the directions given in the order impugned in the writ appeals resulted in denial of admission to 63 or 64 BC candidates who were admitted into different Medical Colleges in the State basing on the selections made in the first counselling.

(2.) Admission to MBBS course are governed by the provisions of the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 made by the President of India in exercise of the powers conferred under clauses (1) and (2) of Article 371-D of the Constitution of India (hereinafter referred to as "the Presidential Order), Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (for short 'the Act') and the Andhra Pradesh Professional Educational Institutions (Regulation of Admission into Under-graduate Professional Courses through Common Entrance Test) Rules, 1998 (for short 'the EAMCET Rules) made in exercise of the powers conferred by Section 3 read with Section 15 of the A.P. Educational Institutions (Regulations of Admission and Prohibition of Capitation Fee) Act, 1983 (for short 'the Act') and notified in G.O. Ms. No. 184, Education (EC-2), dated 20-8-1993.

(3.) We are relieved of much trouble since the learned Counsel on either side agree that directions 1 and 2 are in accordance with Ruie 6 of the EAMCET Rules; direction 4 is in accordance with paragraph 6 of the Presidential Order; and direction 5 is in accordance with sub-rules (5) and (15) of Rule 7 of the EAMCET Rules. They also agree that the admission of candidates belonging to reserved categories who could be admitted in OC category on the basis of their merit shall be made as per the principles enunciated by the Apex Court in Ritesh R. Sah v. Dr. Y.L Yamul, (1996) 3 SCC 253, and to modify the direction 7 accordingly. They further agree to call the candidates for interview, which is generally called 'counselling' contemplated under sub-rule (6) of Rule 7 of the EAMCET Rules, simultaneously for both local and unreserved seats and to modify direction 6 accordingly. Directions 8, 9 and 10 are of general nature and they do not have direct bearing on the procedure for admissions.