N. T. R. University of Health Sciences, Vijayawada v. A. Raj Karan Reddy
2003-08-01
C.V.RAMULU, DEVENDER GUPTA
body2003
DigiLaw.ai
C. V. RAMULU, J. ( 1 ) ALL these Writ Appeals are filed against the order passed by a learned Single Judge of this Court in Writ Petition No. 20716 of 2001, dated 23-1-2002 and as such, they are being disposed of by this common judgment. The facts, in brief, are as follows: ( 2 ) THE parties are hereinafter referred to as arrayed in the Writ Petition. ( 3 ) THE above Writ Petition was filed to set aside the admissions into Post Graduate medical Courses in Osmania/kakatiya areas Medical Colleges for the academic year 2001-02 as violative of the Andhra pradesh Educational Institutions (Regulation of Admissions) Order, 1974 (for short the Presidential Order ) and consequently, to direct the respondent- university to make admissions in accordance with the Presidential Order duly reserving 85% of the seats in each College in osmania University and Kakatiya university area Medical Colleges for the academic year 2001-02. Writ petitioners pleaded that providing of seats by the respondent-University in unreserved quota in the P. G. Medical courses, only in one particular College of local area is illegal, arbitrary and violative of the presidential Order. ( 4 ) PETITIONERS have passed MBBS course and qualified for admission into P. G. Medical Courses. NTR University of Health sciences issued a notification dt. 26-7-2001 for admissions into P. G. Medical courses in the medical colleges affiliated to the respondent-University for the academic year 2001-02. Writ petitioners have applied for admission into the said courses pursuant to the said notification. The entrance examination was held on 12-9-2001 and results were announced on 18-9-2001. The hall ticket number and rank secured by each of the petitioners are as follows: si. no Petitioner s name Hall Ticket Rank 1. Dr. A. Rajakaran Reddy 018534 61 2. Dr. M. Ashwani Kumar 018081 09 3. Dr. M. Srinivas Reddy 018792 89 4. Dr. G. Sunil Kumar 01840 104 ( 5 ) WRIT petitioners claim that each one of them is eligible and entitled to get a seat in the faculty of their choice, in Osmania medical College; but on account of the illegal procedure adopted by the respondent-University, they were deprived of their legitimate right to get seats in the said College. However, they have been given provisional selection as follows: Si. No. Petitioner s name Course offered Name of College 1. Dr.
However, they have been given provisional selection as follows: Si. No. Petitioner s name Course offered Name of College 1. Dr. A. Rajakaran M. S. (General) Kakatiya Reddy Medical College, Warangal. 2. Dr. M. Ashwani M. S. (Ortho.) Gandhi Medical Kumar College 3. Dr. M. Srinivas M. D. (Anat) Osmania Medical Reddy College 4. Dr. G. Sunil Diploma in Osmania Medical Kumar Child Health College (DCH) ( 6 ) ALL the writ petitioners belong to osmania University local area. It was stated by them that in Osmania University local area, there are three Colleges, viz. , Osmania medical College, Gandhi Medical College, both situated in Hyderabad and Kakatiya medical College at Warangal, where P. G. Medical courses are being offered. In the medical group, there are 29 seats available in osmania Medical College, 14 seats in gandhi Medical College and 12 seats in kakatiya Medical College. In all, there are 55 seats. Similarly, in surgical group, there are 21 seats available in Osmania Medical college/11 seats in Gandhi Medical College and 12 seats in Kakatiya Medical College. That out of 55 seats available in the medical group in Osmania University local area spread over in three Colleges stated above, 10 seats are earmarked as unreserved, wherein both local and non-local candidates would be entitled to seek admission on merit. It was alleged that all the unreserved seats in medical group as well as surgical group courses at P. G. level are being accommodated in the Osmania Medical college only. Writ petitioners gave details of the candidates admitted in Osmania medical College under the unreserved quota, which is as follows: si. no. Rank Branch 01 01 M. D. (RD) 02 02 M. D. (General Medicine) Miss. Nagasree 03 03 M. D. (General Medicine) 04 05 M. S. (Ortho) 05 11 M. D. (O and G) 06 12 M. D. (Ped.) 07 14 M. D. (Ped.) 08 28 M. S. (Gen. Sur.) 09 32 M. S. (Gen. Sur.) 10 53 M. S. (ENT) 11 66 M. S. (Ortho) 12 83 M. D. (T. B.) 13. 99 M. D. (Anans) ( 7 ) ACCORDING to the writ petitioners, on account of the procedure adopted by the respondent-University, the percentage of reservation made in favour of local candidates is reduced to less than 85% of available seats. Out of 50 seats available in osmania Medical College, 13 candidates.
99 M. D. (Anans) ( 7 ) ACCORDING to the writ petitioners, on account of the procedure adopted by the respondent-University, the percentage of reservation made in favour of local candidates is reduced to less than 85% of available seats. Out of 50 seats available in osmania Medical College, 13 candidates. belong to unreserved quota are admitted, which comes to 26% of total available seats; thus, the seats made available to the local candidates are reduced to 74% from that of 85% seats reserved in favour of local candidates. The procedure adopted by the respondent-University in filling up of the seats in Osmania Medical College has resulted in violation of the Presidential order. It was further stated that the admission into P. G. medical courses is governed by Act 5 of 1983. Section 3 (2) of the act mandates that admission into the educational institutions shall be made by the government in accordance with the presidential Order. The rules notified in g. O. Ms. No. 260, Health, Medical and Family welfare (E2) Department, dated 10-7-1997 prescribe that the rule of reservation shall be as provided in the Presidential Order. ( 8 ) IT is the case of the writ petitioners that in Osmania University local area, there are three institutions and the unreserved seats are to be distributed equally among all the three institutions, instead, the unreserved seats are being filled up only in one institution i. e. , Osmania Medical College. It is also their case that the respondent- university is required to make admissions duly reserving 85% of available seats to local candidates, institution-wise, subject to community reservation and other non- statutory reservations. It is their claim that 85% of available seats in each institution are required to be reserved in favour of the local candidates. ( 9 ) ON the contrary, the University filed a counter-affidavit and contended inter alia that the question that falls for consideration in the Writ Petition is not res integra, but squarely covered by the Judgments of this court in Writ Petition No. 33456 of 1998 and batch, dated 20-4-1999 and Writ Appeal no. 1547 of 1997 and batch, dated 17-7-1998. According to the University, the Division bench had finally held that the selections to mbbs course shall be made local area/ university area-wise only. The concept of maintaining institution-wise is totally disapproved.
1547 of 1997 and batch, dated 17-7-1998. According to the University, the Division bench had finally held that the selections to mbbs course shall be made local area/ university area-wise only. The concept of maintaining institution-wise is totally disapproved. Reliance is sought to be placed upon a Judgment of the Division Bench of this Court in Writ Appeal No. 795 of 1999 and batch, dated 23-2-2000. The crux of the case and the defence of the respondent- university as evident from paragraph-12 of the counter, is to the following effect:"it is humbly submitted that the presidential Order, 1974 do not anywhere specifies that the selections shall be made institution-wise or the unreserved seats available in the university area shall be distributed within the colleges located in university local area. The Presidential order clearly mandates that the admission shall be made on the basis of the available seats in every course of study. It is humbly submitted that the available seats in Osmania Medical college, Gandhi Medical College and kakatiya Medical College along with the unreserved seats with their eligibility and fraction is worked out in g. O. Ms. No. 4, enclosed to the counter- affidavit. The contents of the G. O. may be read as part and parcel of this counter-affidavit. "further, in the counter-affidavit, it was stated that the request made by the writ petitioners before this Court is contrary to the long-drawn procedure and is unworkable. The available seats in Osmania medical College are more in number than the available seats in the other two Medical colleges are put together and as such, the writ petitioners are not justified in insisting that the unreserved seats shall be equally distributed to the three Medical Colleges located in the local area in the ratio of 85:15. It was also stated that except in General medicine and General Surgery courses, there is no possibility of providing any seat in Gandhi or Kakatiya Medical Colleges in favour of unreserved categories. The same procedure as is followed for the academic 2001-02 is being followed by the respondent- university for the last more than two decades and the same cannot be interfered with and interdicted at this stage by the court. The admissions already made cannot be interfered with.
The same procedure as is followed for the academic 2001-02 is being followed by the respondent- university for the last more than two decades and the same cannot be interfered with and interdicted at this stage by the court. The admissions already made cannot be interfered with. If the rules are susceptible to more than one interpretation, the Court would accept such interpretation as the one placed by the authorities so that the long drawn practice in vogue may not be upset. The selections shall be made course- wise in each group of subjects mentioned and there is no provision for adding medicine, surgery, obstetric, gyanecology and non-clinical subjects and calculated the percentage of seats in favour of local and unreserved candidates. The procedure suggested by the writ petitioners is contrary to the rules issued in G. O. Ms. No. 260, dated 10-7-1997, which are statutory in nature. Therefore, the selections, allotment and admissions made by the University are in accordance with the statutory rules. ( 10 ) AFTER an elaborate consideration of all the aspects of the matter, learned single judge came to the following conclusion:". . . . . . . . . . . . . . that admission to 85% of available seats in every course of study provided by every educational institution (other than a state-wide educational institution), which is subject to the control of the State government shall be reserved in favour of local candidates in relation to local area in respect of such educational institutions. In the instant case, 85% of the available seats in Post graduate Medical Courses are to be reserved in favour of the local candidates in each of the medical colleges, that is to say, Osmania, gandhi and Kakatiya Medical colleges. All these three colleges/ institutions cannot be grouped together for the purposes of determining the reservation of 85% of the available seats in Post Graduate medical Courses in favour of the local candidates. The reservation is to be made each institution-wise. " ( 11 ) AGGRIEVED by the said Order, N. T. R. University and its Post Graduate Selection committee have filed Writ Appeal No. 415 of 2002, V. Srinivas - respondent No. 7 - filed writ Appeal No. 490 of 2002 and the State government filed Writ Appeal No. 618 of 2002.
The reservation is to be made each institution-wise. " ( 11 ) AGGRIEVED by the said Order, N. T. R. University and its Post Graduate Selection committee have filed Writ Appeal No. 415 of 2002, V. Srinivas - respondent No. 7 - filed writ Appeal No. 490 of 2002 and the State government filed Writ Appeal No. 618 of 2002. ( 12 ) LEARNED Additional Advocate general after taking us through the various contentions of the writ petitioners as well as the University argued that N. T. R. University of Health Sciences is a non-State-wide university for the purpose of Presidential order and as such, the three Colleges in the osmania Univrsity area cannot be treated as independent institutions. Further, 15% of the unreserved seats should be allotted in each and every group of study of P. G. Medical and P. G. Diploma courses and not all the seats in P. G. Medical and Diploma courses in a local area put together as is required under the Presidential Order. Learned additional Advocate General took us through the statement in pages 75 to 77 of the material papers filed in Writ Appeal no. 618 of 2002 and argued that each course of study, both in P. G. Medical courses as well as P. G. Diploma courses, shall be taken as a separate unit and 85% of the seats should be reserved as such for local candidates. According to the learned additional Advocate General, that is the procedure contemplated under the presidential Order and this is also the procedure followed for the last more than two decades in all the three local areas of the universities i. e. , Osmania, Andhra and sri Venkateswara. Further, the finding of the learned single Judge that each college is an educational institution as contemplated under the Presidential Order is a misconception as N. T. R. University of health Sciences is not a State-wide university and all the Colleges attached to it shall be treated as State-wide institutions and not as independent educational institution. ( 13 ) LEARNED counsel appearing for the respondent-writ petitioners reiterated the same stand as was taken in the Writ Petition.
( 13 ) LEARNED counsel appearing for the respondent-writ petitioners reiterated the same stand as was taken in the Writ Petition. ( 14 ) FROM the above arguments, the following questions fall for consideration: (i) Under the Presidential Order, whether Osmania Medical College, gandhi Medical College and kakatiya Medical College shall be treated as educational institution (other than State -wide University or state-wide educational institution), which is subject to the control of the state Government? (ii) Whether the individual college (educational institution) should be treated as a unit or all the Colleges put together in a particular local area should be treated as a unit for the purpose of admission into unreserved seats in P. G. Medical and P. G. Diploma courses offered by each of the Colleges (educational institutions)? and (iii) Whether 85% of available seats in each course of study (group-wise) shall be treated as reserved for the students of local area or all the seats i. e. , P. G. Medical and P. G. Diploma available seats put together should be treated as a unit for the purpose of reserving 85% seats to the local area students? ( 15 ) BEFORE going into the above questions, it may be necessary to examine various provisions of the Presidential Order and the relevant rules made thereunder. ( 16 ) PARA-2 of the Presidential Order defines various connotations and expressions used for the purpose of achieving the objects contemplated in it. ( 17 ) PARA-3 defines as to local area, para-4 defines as to local candidate and para-5 defines the reservations in non-Statewide universities and educational institutions. Paras 3 to 5 read as follows: "3. Local Area: (1) The part of the State comprising the districts of Srikakulam, visakhapatnam, West Godavari, east Godavari, Krishna, Guntur and Prakasam shall be regarded as the local area for the purposes of admission to the Andhra university, the Nagarjuna university and to any other educational institution (other than state-wide University or a state-wide educational institution) which is subject to the control of the State government and is situated in that part.
(2) That part of the State comprising the districts of Adilabad, hyderabad, Karimnagar, khammam, Mahabubnagar, medak, Nalgonda, Nizamabad and warangal shall be regarded as the local area for the purposes of admission to the Osmahia university, the Kakatiya University and to any other educational institution (other than a State-wide university or State-wide educational institution) which is subject to the control of the State government and is situated in that part. (3) The part of the State comprising the districts of Anantapur, Cuddapah, kurnool, Chittoor and Nellore shall be regarded as the local area for the purposes of admission to Sri venkateswara University and to any other educational institution (other than a State-wide University or State-wide educational institution) which is subject to the control of the State Government and is situated in that part. 4. Local candidate: (1) A candidate for admission to any course of study shall be regarded as a local candidate in relation to a local area- (a) if he has studied in an educational institution or educational institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared in the relevant qualifying examination; or (b) where, during the whole or any part of the consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination, he has not studied in any educational institution, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination in which he appeared or, as the case may be, first appeared. (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.
(2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Reservation in non-State-wide universities and educational institutions: (1) Admission to eighty-five per cent of the available seats in every course of study provided by the Andhra university, the Nagarjuna university, the Osmania university, the Kakatiya University or Sri Venkateswara University or by any educational institution (other than a State-wide University or a State-wide Educational institution) which is subject to the control of the State Government shall be reserved in favour of the local candidates in relation to the local area in respect of such university or other educational institution, (emphasis supplied) (2) While determining under sub- paragraph (1) the number of seats to be reserved in favour of local candidates any fraction of a seat shall be counted as one: provided that there shall be atleast one unreserved post. " ( 18 ) LEARNED Additional Advocate general submitted that under para-5 of the presidential Order, at least one unreserved seat should be made available in every course of study and relies upon a Judgment of this Court reported in B. Sudhakar v. Union of India. There cannot be any dispute as to the proposition laid down in the above judgment. In the said case, it was held that there cannot be any reservation when there is only one seat available in a course of study and even when the number of available seats varies between 2 and 6, all the seats will be treated as reserved and nothing will be available for unreserved category. The proviso to para-5 of the Presidential Order comes into effect only when the seats are more than six i. e. , considering 15% of available seats for unreserved category. Learned Additional Advocate General wanted to impress upon this Court that by applying this ratio, it must be deemed that course of study means, the group-wise study and seats available in every course of study of P. G. Medical and P. G. Diploma courses of each educational institution in the local area. The said case related to admission to super-specialty courses, which is a state-wide course as contemplated under the schedule annexed to the Presidential Order. As such this decision, strictly speaking, has no application to the facts of the present case.
The said case related to admission to super-specialty courses, which is a state-wide course as contemplated under the schedule annexed to the Presidential Order. As such this decision, strictly speaking, has no application to the facts of the present case. The courses offered and broadly indicated by the admission notification itself, are P. G. Medical and P. G. Diploma courses. At the most, it can be said that only two types of courses are available for admission to the medical colleges in question i. e. P. G. Medical and P. G. Diploma. ( 19 ) SRI G. Vidyasagar, learned counsel for the respondents-writ petitioners, strenuously contends that even according to regulation 4 of the Regulations for admission to Post Graduate Medical courses in the Medical Colleges affiliated to ntr University of Health Sciences, Andhra pradesh for the academic year 2001-02, admission to 85% of the seats shall be reserved in favour of the local candidates in relation to the local area as provided in the presidential Order as amended from time to time. Under the same Regulation, State-wide course is also mentioned as M. D. (R. T. ). This itself shows that the courses offered by the ntr University of Health Sciences for the post Graduate studies are not State-wide courses and they are college-wise courses and the College is affiliated to the NTR university of Health Sciences. He also brought to our notice Regulation 10 (iii) wherein it was stated that the Selection committee shall display the chart showing the allocation of seats to SCs, STs and BCs in the medical colleges of the University area (local area) at the time of selections. He further brought to our attention Annexure-II appended to the said Regulations, wherein the medical group degrees and medical group diplomas were separately mentioned. It also says that the total group is equivalent to degree + diploma and it also indicates that M. D. (RT) - 3 seats at Osmania Medical college at Hyderabad as State-wide course. Further, he drew our attention to the presidential Order and the instructions issued thereunder, wherein the procedure for implementation of the reservation in favour of local candidates is stated. The number of available seats in the course of study shall first be computed by deducting from the total number of seats provided in that course, the number of seats reserved for candidates from outside the State.
The number of available seats in the course of study shall first be computed by deducting from the total number of seats provided in that course, the number of seats reserved for candidates from outside the State. The number of seats reserved in favour of local candidates in relation to the local area in respect of the University or other educational institution concerned shall then be determined. This number shall be 85% of the available seats, any fraction of a seat being counted as one, provided that there shall be at least one seat unreserved. ( 20 ) SRI G. Vidyasagar further drew our attention to the Andhra Pradesh Medical colleges (Admission into Post Graduate medical Courses) Rules, 1997 and particularly Rule 2 thereof, which states number of seats in Post Graduate Degree and Diploma Courses in the various disciplines in each Medical College shall be notified by University of Health Sciences every year. Rule 3 contemplates that 15%, 6% and 25% of the total number of seats notified each group for Degree and Diploma courses separately shall be reserved for scheduled Castes, Scheduled Tribes and backward Classes respectively. Rule 10 (iv) states that on the dates notified, the candidates shall be called in order of merit by the Selection Committees and ask them to opt for subject of the candidate s choice in the then available subjects in the college. He also drew our attention to the Note appended to Annexure-I of the said Rules wherein guidelines governing allotment of seats to various categories and Service candidates" were issued. Guideline No. 1 states that subject-wise allotment of seats are made to the various categories; but for selection of candidates for various categories and for service quota group-wise net reservation will be followed. Taking inspiration from the words in the college, in the medical college and group-wise net reservation, Sri Vidyasgar submits that the admissions should be made each college- wise and not grouping all the colleges in a local area for the purpose of the Presidential order. Since the NTR University of Health sciences is a State-wide University and the colleges are under the control of the State government and they are affiliated to the university, the available seats as required under para 2 (a) of the Presidential Order have to be identified against each College and not all the Colleges put together located in local area.
Since the NTR University of Health sciences is a State-wide University and the colleges are under the control of the State government and they are affiliated to the university, the available seats as required under para 2 (a) of the Presidential Order have to be identified against each College and not all the Colleges put together located in local area. In fact, as stated above, the rules made by the State Government and the University also speak that seats available in each College are relevant for the purpose of 85% reservation to the local candidates. The tabular form available at pages 75 to 77 of the paper book in Writ Appeal No. 618 of 2002 has no relevance and it is in violation of the Presidential Order. Each College should be taken as a separate unit and all the seats available, both P. G. Medical as well as P. G. Diploma Courses, should be taken together and 85% of the seats should be allocated to the local candidates and the remaining 15% may be kept unreserved and not otherwise. Sri Vidyasagar submits that if the arguments of the learned Additional Advocate General have to be accepted, it results in disastrous consequences as observed by the learned single Judge. He also submitted that the judgment of the learned Single Judge is in consonance with the Presidential Order and the objects sought to be achieved under it. ( 21 ) SRI G. Vidyasagar relied upon the judgments reported in Nitesh Narayan v. University of Health Sciences and another and p. Chinnayya v. Nitesh Narayan and submitted that the question whether the presidential Order contemplated institution- wise reservation or University-wise reservation is no more res integra and this court in the above two cases held that in each institution i. e. , each Medical College offering MBBS course 85% seats shall be reserved to local candidates, subject to community and other reservations and 15% of the seats shall be left open and thus the practice adopted by the Health University was deprecated. ( 22 ) ON the other hand, learned additional Advocate General contended that those two judgments deal with the admission to under-graduate medical courses where separate disciplines are not available and as such, the same cannot be treated as res integra.
( 22 ) ON the other hand, learned additional Advocate General contended that those two judgments deal with the admission to under-graduate medical courses where separate disciplines are not available and as such, the same cannot be treated as res integra. Since the admissions to the P. G. Medical Course and P. G. Diploma course involve various disciplines and there are branches in each discipline, each branch has to be treated as a course of study in the medical colleges. ( 23 ) LEARNED Additional Advocate general having submitted that the above two Judgments are applicable in the case of mbbs course, was not able to substantiate any reasons as to why the same theory of institution-wise admissions are not applicable to Post Graduate Medical courses. It is difficult to agree with the submissions of the learned Additional advocate General. On the other hand, it further strengthens the arguments of the learned counsel for the respondent-writ petitioners that the admissions to P. G. Medical and P. G. Diploma courses should be made on institution/college-wise. ( 24 ) NTR University of Health Sciences came into being in the year 1986. After its emergence, none of the other Universities offer any education, training and research on Allopathic and Indian Systems of medicine, Dentistry, Pharmacy and nursing. Thus, whole of medical education in the State of Andhra Pradesh is taken over by the NTR University of Health Sciences with effect from 7-4-1986. ( 25 ) ACT 6 of 1986 confers exclusive powers and functions upon the University of Health Sciences to formulate and maintain uniform curriculum and system of examinations for all the Medical Colleges, in the respective systems of medicine and other institutions, to conduct a common entrance examination for all the medical colleges in the respective systems of medicine for selection of students etc. Section 8 of the said Act provides for transfer of affiliation of certain colleges and institutions to the University of Health sciences. It declares that notwithstanding anything in the Andhra University Act, 1925, Sri Venkateswara University Act, 1954, the Osmania University Act, 1959, the nagarjuna University Act, 1976, the kakatiya University Act, 1976 and Sri krishnadevaraya University Act, 1981, the colleges and institutions earlier affiliated to those Universities be disaffiliated from the said Universities and thereupon they shall be deemed to have been affiliated to the ntr University of Health Sciences.
( 26 ) FROM the above discussion it is clear that the NTR University of Health Sciences cannot be called to be a non-State-wide university. The other Universities in the state of Andhra Pradesh do not offer any medical education at all and as such, it is only the colleges/institutions located in the respective local areas, which offer and provide medical education. It is a State-wide university. Once NTR University of Health sciences is a State-wide University, there is nothing like a local area for it. It is an admitted fact that all these Colleges are affiliated to NTR University of Health sciences in their individual capacity and are under the control of the State Government. ( 27 ) PARA 5 of the Presidential Order does not speak about any University-wise reservation as such. Reservation is in favour of the local candidates in relation to the local area in every course of study, whether offered by the respective Universities or educational institutions under the control of the State Government. The mandatory requirement is that 85% of available seats in every course of study provided by the universities or by any educational institution under the control of the State government shall be reserved in favour of the local candidates in relation to the local area in respect of such University or other educational institution. There is nothing like a local area as far as the State-wide university is concerned. In the peculiar circumstances of the emergence of NTR university of Health Sciences, it is only the colleges/educational institutions located in respective local areas offer and provide medical education. Every institution under the control of the State Government offering any course of study shall be the unit for the purpose of making 85% of the available seats reserved in favour of the local candidates. There is no dispute that osmania Medical College, Gandhi Medical college and Kakatiya Medical College are subject to the control of the State government and as such admissions to 85% of the available seats in every course of study shall be made in favour of local candidates institution-wise and not university-wise. The admission rules made by the State Government or the University cannot override or prevail over the presidential Order and have to yield to the provisions of the Presidential Order.
The admission rules made by the State Government or the University cannot override or prevail over the presidential Order and have to yield to the provisions of the Presidential Order. Para-5 of the Presidential Order is very clear that admission to 85% of available seats in every course of study provided by any of the universities or any educational institution under the control of the State Government shall be reserved in favour of the local candidates. Thus, the contention of the learned Additional Advocate General appearing for the appellants that the NTR university of Health Sciences is not a state-wide University and the affiliated Colleges like Osmania Medical College, Gandhi medical College and Kakatiya Medical college are not educational institutions though under the control of the State government, cannot be accepted. ( 28 ) PARA 3 of the Presidential Order defines local area. It categorically states that the local area (for the purpose of our case) is that part of the State comprising the districts of Adilabad, Hyderabad, Karimnagar, khammam, Mahabubnagar, Medak, nalgonda, Nizamabad and Warangal for the purposes of admission to the Osmania university, the Kakatiya University and to any other educational institution (other than a State-wide University or State-wide educational institution), which is subject to the control of the State Government and is situated in that part. In this clause the words to any other educational institution mean an educational institution like Osmania medical College, Gandhi Medical College and Kakatiya Medical College as they are affiliated to a State-wide University and as they are educational institutions of individual entity being affiliated to NTR university of Health Sciences and situated in that part of the State and being controlled by the State Government. Looking from any angle, all the three Colleges i. e. , Osmania medical College, Gandhi Medical College and Kakatiya Medical College are educational institutions i. e. , other than state-wide educational institution. ( 29 ) ONCE each College is identified as an educational institution being affiliated to a state-wide University, each of them have to be treated as independent units because it is the seats available in the educational institution for the purpose of admission to a particular course which is relevant under the Presidential Order and not all the educational institutions put together in the local area. Otherwise, it may have disastrous consequences as observed by the learned single Judge.
Otherwise, it may have disastrous consequences as observed by the learned single Judge. There could be only non-local in one particular educational institution and locals alone in another educational institution, if the arguments of the learned additional Advocate General is accepted. ( 30 ) SO far as the argument of the learned additional Advocate General that 85% of the available seats in every course of study (group-wise) shall be treated as reserved for students of local area and not all the seats in the P. G. Medical and P. G. Diploma courses available seats put together should be treated as a unit for the purpose of 85% of seats to local area students, it may be noticed that this argument was neither advanced before the learned Single Judge nor there was any occasion to consider the same. No concrete statistics were placed before the learned single Judge to consider the same. In fact, the learned Additional Advocate general fairly conceded that the material in pages 75 to 77 of the paper book filed in Writ appeal No. 618 of 2002 were never placed or brought to the notice of the learned single judge. ( 31 ) LEARNED Additional Advocate general tried to improve the case at the appellate stage by making splitting arguments that available seats in every course of study means that the seats available in the P. G. Medical and P. G. Diploma courses of each group to be treated as course of study. ( 32 ) TO our view, the course of study for the purpose of admission to P. G. Medical colleges as per the Presidential Order can be divided into two - one is the P. G. Medical course and the other is P. G. Diploma course. Further, they have been grouped into various disciplines and in each of these disciplines (group) there are various branches and in each branch, hardly there are any seats available to the unreserved category. Thus, it is convenient to take up the P. G. Medical Course as one course of study and P. G. Diploma course as another course of study for the purpose of reservations under the Presidential Order in each educational institution.
Thus, it is convenient to take up the P. G. Medical Course as one course of study and P. G. Diploma course as another course of study for the purpose of reservations under the Presidential Order in each educational institution. ( 33 ) THUS, we feel that broadly as indicated in the admission rules, there can be two courses i. e. , P. G. Medical course and p. G. Diploma course and 85% of seats can be earmarked for local candidates taking all the groups in the P. G. Medical course as one course of study and P. G. Diploma course as the other course of study in each educational institution i. e. , Osmania Medical College, gandhi Medical College and Kakatiya medical College. ( 34 ) IN view of the above discussion, we are of the considered opinion that the order under challenge does, not suffer from any error and does not call for interference in our hands. ( 35 ) THE Writ Appeals are accordingly dismissed. No order as to costs.