N PRASHANTHA Vs. UNION OF INDIA NEW DELHI

JUDGEMENT

(1.) In this writ petition, petitioner seeks an order declaring that clause 4 of the A.P. Educational Institutions (Regulation of Admissions) Order, 1974 insofar as it does not exclude the period of study by a candidate in a non-state wide educational institution for the purpose of reckoning consecutive years of study, as unconstitutional and contrary to Articles 14 and 371-D of the Constitution of India, and further seeks a declaration that the petitioner continues to be the local candidate of the Osmania University area and also a direction to the respondents to consider the case of the petitioner for admission into post-graduate medical course treating the petitioner as a local candidate of the Osmania University area.

(2.) Before we proceed to examine the implications involved in the writ petition, few facts which are necessary, are narrated as under: <SI>According to the petitioner, her primary, high school and intermediate education was in the district of Karimnagar and she passed her intermediate in the year 1989. Petitioner states that she appeared for the entrance examination in the year 1990 for admission into MBBS course. According to her, her parents and grand parents are from Karimnagar district and she having studied upto intermediate in Karimnagar district, is a local candidate for Osmania University area. According to the petitioner, for allotment of scats in the medical college, she was treated as a local candidate of Osmania University area and was allotted a seat in S.V. Medical College, Tinipati against unreserved quota scats of 15%. She stated that she completed the MBBS Course and also her internship from July, 199 6/12/1997 at Kakatiya Medical College, Warangal on transfer,</SI>

(3.) While so, petitioner appeared for the entrance examination for the selection of candidates in post-graduate medical courses held on 13-3-1998 with hall-ticket No.8508 and secured 4Ist rank in the Osmania University area, Selections for admissions into P.G. Medical Courses were scheduled on 26-10-1998. According to the petitioner, though she is a local candidate of Osmania University area, on the ground that she completed her MBBS Course in S.V, University area, respondents 2 and 3 are treating her as a non-local candidate in the Osmania University area.