KONERU RAMAKRISHNA Vs. DIRECTOR OF MEDICAL SERVICE

JUDGEMENT

(1.) Our learned brother Ramachandra Rao, dismissed Writ Petition No. 4665/78 and the unsuccessful writ petitioner has preferred this writ appeal,

(2.) The appellant sought a writ of mandamus directing the respondent to admit him to the first year M. D. Course in paediatrics, in Guntur Medical College, There were four respondents to the writ petition and to the writ appeal also they are respondents. The material facts of the case may be briefly noticed. In April 1978, the appellant applied for admission to the post-graduate course in Paediatrics and two other specialties. He appeared for the entrance examination held on 6th Aug., 1978. He secured 116 out of 150 marks thereby securing seventh rank, There were four seats available for the M. D. Degree Course in Paediatrics in the Andhra and Nagarjuna Medical Colleges. One of the four seats was filled up with a scheduled caste candidate and another by a Backward Class candidate, The other tare seats were available for open competition. One of those seats was filled up by a candidate with Roll No. 2112, who secured 130 out of 150 marks There is no substantial dispute to the filling up of the above three seats though the learned counsel for the appellant has raised some sort of an objection to the allotment of the seats to the Scheduled Caste and Backward Classes candidates, The fourth seat was filled up by a service candidate with Roll No. 2067 who has secured only 85 out of 150. As we have pointed out the appellant does not challenge the admission of the candidate with Roll No. 2112 who was admitted into one of the two seats available for open competition since he had secured more marks than him. His objection is mainly to the selection of the service candidate and the reason for the complaint is that the latter has secured less marks than the appellant. That was the challenge before the learned single Judge but before us Sri Suryaprakasarao, learned counsel for the appellant, has faintly challenged the selection of the other candidate vlz., the Scheduled Caste Candidate also. Before we notice the contentions of the learned counsel we would like to read R. 2 of the Rules made for selection of candidates for admission to post-graduate courses in the medical colleges of the Andhra Pradesh State, on the basis of which the appellants learned counsel has advanced his arguments.

(3.) "2. Special Reservations:-