G LATHA Vs. B SAROJA

JUDGEMENT

(1.) These appeals are from the order passed on 18th December, 1968, by Kuppuswami, J., in the writ petitions relating to the admission to the first year integrated M.B.B.S. Course in the Medical Colleges in the Andhra area, viz., Andhra Medical College, Visakhapatnam, Guntur Medical College, Guntur, Kurnool Medical College, Kurnool and Sri Venkateswara Medical College, Tirupathi.

(2.) The facts leading to these appeals may be briefly stated : Applications were called on 10th July, 1968, for admission to the M.B.B.S. course in the four Government Medical Colleges in the Andhra area, mentioned above, fixing 12th August, 1968, as the last date for receiving the applications. The total number of seats were 550 for all the Colleges and the mode of selection of candidates under various categories was regulated by the rules framed by the Government. Under the said rules, not all the seats were available for open competition. A considerable number of them were reserved for various categories and selection had to be made on the relative merits of the candidates in each category, subject, of course, to the condition that each candidate satisfied the requisite condition of qualifying marks. There were reservation of seats for women candidates, for candidates belonging to Scheduled Castes and Tribes, candidates from outside the State of Andhra Pradesh and also, candidates who have distinguished themselves in sports, extra-curricular activities and President's Scouts and Guides, besides candidates who are the children of ex-servicemen and armed presonnel, etc. We are concerned for the purpose of these cases only with the rese. vation of seats for candidates who have distinguished themselves in extra-curuicular activities and also President's Scouts and Guides. For whom in all only I per cent of the seats, i.e., five in number, have been reserved. Rule 3 (c) contained in the Rules for the selection of candidates for Admission to the Inte g ated M.B.B.S. course, which were given for information to the candidates on requisition, reads thus :- "I per cent, of the seats shall be reserved for students who participated in extracurricular activities, such, as Elocution, Debates, Essays and Fine Arts, namely, Dance, Drama, Music, Photography and Painting at the inter-college or at the inter-school level and students who have obtained President's Scouts and Guides centificates."

(3.) There were Appendices to these Rules which governed the selection of candidates coming under rule 3 (a) and 3 (b) respectively. Appendix I related to the selection of candidates possessing the N.C.C. and A.C.C. certificates and Appendix II referred to the selection of candidates under the category of Sports and Games. In both these Appendices the order of preference was indicated. The order of preference to be observed in the selection of candidates coming under rule 3 (c) was not, however, indicated in these rules which were made available to the candidates. That was contained in G.O. Ms. No. 1499 (Health) dated 28th June, 1968, which was issued as a Government O der amending the rules and the rules contained therein were appliable to selection of candidates for the year 1968-69. The annexure thereto contains inter alia amendments in rule 4 (c) which is material for our purpose, and it reads thus :- " I per cent, of the seats shall be reserved for students who participated Extra-curricular activities such as Elocution, Debates, Essays, and Fine Arts, namely, Dance, Drama, Music, Photography and Painting at the inter-collegiate or at the inter school level and students who have obtained President's Scouts and Guides certificates." Note I contained in this annexure reads thus :- " Selection of candidates with the minimum percentage of marks prescribed for admission, under the categories specified in clauses (a), (b) above shall be made in the order of prefemence indicated in Appendices I and II respectively. Selection of candidates with the minimum percentage of marks prescribed for admission under the category specified in clause (c) above, shall be made in the following order of preference : (i) Candidates who represented India at the International level in the extracurricular activities and President's Scouts and Guides. (ii) Candidates who represented the State at the All India level in the extracurricular activities and First Class Scouts and Guides. (iii) Candidates who represented the University at Inter-University level and those participated in the Inter-School level."