ASHFAQ HASAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed for issue of a writ of Mandamus directing respondents 1 and 2 to admit and register the petitioner in the Post-Graduate M.D.T.B. Degree Course of the Medicine Group in the Osmania Medical College setting aside the reservation made for respondent No. 3 in the said seat as illegal and arbitrary.

(2.) The essential facts of the case are that the petitioner passed his M.B.B.S. from Osmania University and applied for admission to Post-Graduate Medical Course in the,Medical Colleges in the State of Andhra Pradesh. He appeared for the entrance test to the Post-Graduate Medical Course in December, 1988. He passed the said examination and obtained the rank of 59 in the merit list. Respondeut No. 3, is a Backward Glass candidate, secured the rank of 145 in the merit list. The petitioner applied for admission in the M.D.T.B, Course in which there are three Post-Graduate Degree seats and three Diploma Course seats. The petitioner was interviewed by the Selection Committee constituted by the Andhra Pradesh University of Health Sciences on 27-1-1989 and he opted for M.D.T.B. Degree Course For the M.D.T.B. Degree course there are three seats available, two of which are in Osmania University Medical College and one in the Kakatiya University College, It seems that one seat for the Degree Course in M.D.T.B. was allotted to one V. Venkatarama Reddy, who is the O.C. candidate and secured merit rank No. 58. The other seat in the Osmania Medical College has been treated as "Reserved for B.C. Candidate". Therefore, the petitioner was asked to take the only other available Degree Course seat in Kakatiya University Medical College. The seat in the Osmania Medical College was allotted to Respondent No. 3, who had obtained the rank of 145 in the merit list on the basis of his being a Backward Class candidate. The petitioner was thus forced to take his seat in Post-Graduate Degree Course in M.D.T,B in the Kakatiya University Medical College after paying the necessary fee and executing the bond in accordance with the rules.

(3.) The essential point to be considered in this writ petition is whether the petitioner is entitled to the seat in the Degree Course at Osmania Medical College in M.D.T.B and if so, whether it has been wrongly allotted on the basis of a further reservation in favour of Respondent No. 3, who is a Backward Class candidate. In order to consider the above proposition it would be necessary to examine the relevant rules for admission to Postgraduate Medical Course in the Medical Colleges in the State of Andhra Pradesh for 1988-89. Under Rule 3 reservations are provided for to the extent of 15%, 6%, 25% of the total number of seats notified in Degree and Diploma Courses for Scheduled Castes, Scheduled Tribes and Backward Classes respectively. It is needless to mention that reservations under this rule are the over all reservations made for the total number of seats which are available for Post-Graduate Medical Courses. It may be made clear at the out-set that in this writ petition the overall reservation of 15%, 6% and 25% of the total number of seats is not questioned. What is questioned is whether there can be a further reservation at the level of ths Medical Colleges giving effect to the same percentage as indicated above. Keeping this disputed point in mind, it would be necessary to exmine minutely Rule 3N. B. (i) which is in the following terms: