M NARASIMHA RAO Vs. SECRETARY TO THE GOVERNMENT MEDICAL AND HEALTH DEPARTMENT GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) The main question that arises in these writ petitions is whether rule 2 (2) of the rules for admission to post-graduate courses in the Medical Colleges of Andhra Pradesh State contained in G.O.Ms.No. 624 M & H dt. 26th September 1 979 (referred to in this judgment as the rules) whereby 50% of the seats in certain subjects and 30% of the seats in all other subjects are reserved for the in-service candidates who are appointed to the Andhra Pradesh Medical Services violates Art. 14 of the Constitution and is therefore illegal and void ?

(2.) When two of the above writ petitions came up for hearing before a Division Bench of this Court, reliance was placed by the State Government on the decision of a Division Bench of this court in. Ramakrishna vs. Director, Medical Service (1) AIR 1979 A.P. 223 where it was held that a similar rule in the earlier year was valid and not violative of Art. 14 of the Constitution. As it was felt that this decision required re-consideration, these matters have been posted before the Full Bench. The Division Bench which directed the cases to be posted before a Full Bench, also observed that as the entire case was posted before the Full Bench, it would be open to the parties to urge all other points in support of their respective contentions.

(3.) Under the rules the State is divided into three areas, namely (1) Osmania University and Kakatiya University; (2) Andhra University and Nagarjuna University ; and (3) Sri Venkateswara University. Annexure-I to the rules gives the number of seats available both in Degree and Diploma courses in each subject for each of the three areas. The seats are divided into four groups as follows : Group 1- Non-clinical Group 2- Medicine Group 3- Surgery Group 4--Obstetrics and gynaecology. Apart from these four groups there are 9 courses of which 7 are state-wide courses. Of these, serial Nos. 4 to 9 are described as super-specialities.