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Andhra High Court · body

2004 DIGILAW 1368 (AP)

S. Sushma Kumari v. State Of A. P.

2004-11-13

body2004
( 1 ) THIS common order shall dispose of both the Writ Petitions as common questions of fact and law rise for consideration. The fact of the matter as noticed hereunder is with reference to Writ Petition No. 8733 of 2004, which is not much different from the other, except the context. The N. T. R. University of Health Sciences, third respondent, (hereafter called, the university) issued a notification on 9. 6. 2003 inviting applications for entrance test for admission to fourteen seats of Master of Dental Surgery (MDS) in Government Dental College, Hyderabad. The entrance test was conducted on 27. 7. 2003 and the results were announced on 11. 8. 2003. First Petitioner, Dr. G. Rajni Kumar belongs to Backward Class D-Group. (B. C-D ). He obtained rank 8 and second petitioner Dr. S. Sushma Kumari, who belongs to B. C-B category also appeared in the entrance test and obtained rank 23. All the persons, who qualified in the entrance test were asked to appear before the Selection Committee on 20. 8. 2003 for counseling. The same could not, however, be proceeded with owing to certain legal impediments. At that stage, second petitioner filed W. P. No. 20769 of 2003 contending that being the highest ranking candidate among B. C-B candidates, she ought to have been offered a seat in MDS (Orthodontia), prayed for a Writ of Mandamus to declare the action of the university in filling up the seat in Orthodontia reserved for B. C-B candidates with any student not belonging to Osmania University (OU) local area, is bad in law and for a consequential direction to the University to admit the petitioner in MDS (Orthodontia ). Along with the Writ Petition she also filed miscellaneous applications, being W. P. M. P. Nos. 25988 and 25989 of 2003 praying for provisional admission and for injunction restraining the University in filling up the seat in MDS (Orthodontia ). This Court by order dt. 10. 2. 2004 dismissed both the W. P. M. Ps. ( 2 ) THE Selection committee met on 28. 4. 2004 when the petitioners appeared before the selection committee. 25988 and 25989 of 2003 praying for provisional admission and for injunction restraining the University in filling up the seat in MDS (Orthodontia ). This Court by order dt. 10. 2. 2004 dismissed both the W. P. M. Ps. ( 2 ) THE Selection committee met on 28. 4. 2004 when the petitioners appeared before the selection committee. Allegedly first petitioner is highest ranking candidate among B. C-D and second petitioner is highest ranking candidate among B. C-B group, the university did not admit them and therefore they filed the second Writ Petition, being W. P. No. 8733 of 2004 praying for a declaration that the action of the University in filling up MDS as un-reserved seat with BC candidates as arbitrary and violative of Article 14 of the Constitution of India, and for a declaration that the action of the respondents in not filling up the seats in Osmania University area with BC candidates as arbitrary and violative of Article 14 of the Constitution, and for a direction to respondents to fill up the seats in MDS course with B. C. candidates in Osmania University region and also treat the rank holder Nos. 1 and 2 as un-reserved seats and fill up the resultant seats with next meritorious candidates in the merit list. They also seek a direction to respondents to consider the case of the petitioners for admission into MDS course in any specialty for the academic year 2003-2004 duly filling up un-reserved seats at the first instance and fill up the 85% of seats with the petitioners. ( 3 ) THE case of the petitioners in a nutshell is as follows: There are fourteen seats in seven specialties two seats in each specialty; In MDS course. Seven seats are to be filed up by candidates belonging to other communities (OC candidates) and seven seats are reserved in favour of candidates belonging to reserved classes S. C. , S. T. , and B. Cs. As per the relevant Rules and administrative guidelines framed/issued by Government, four seats out of seven reserved seats have been earmarked for B. C. Candidates, two seats for S. C. and one seat for S. T. The seven unreserved seats are filled up according to roaster in a cycle of seven years. As per the relevant Rules and administrative guidelines framed/issued by Government, four seats out of seven reserved seats have been earmarked for B. C. Candidates, two seats for S. C. and one seat for S. T. The seven unreserved seats are filled up according to roaster in a cycle of seven years. As per Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 (Presidential Order, for brevity) read with relevant rules, out of fourteen seats, five seats are earmarked for candidates belonging to Andhra University (A) local area, four seats for Osmania University (OU) local area, and three seats are set apart for Sri Venkateswara University (SVU) local area. The remaining two seats are treated as unreserved (UR) to be filled up by high-ranking meritorious candidates as per specialty option/choice of such non-local candidates. ( 4 ) THIS method of local area reservation if followed as Government Dental College is a State-wide institution and the admissions are to be filled up by distributing the seats in the ratio of 42:36:22 in relation to AU, OU, and SVU local areas respectively. Since there are four seats allocated to OU local area, it is contended two seats are to be filled up by open competition, and two seats are to be filled up by reserved category candidates. Likewise, in AU local area who or three seats are liable to be filled up under open competition, and two or three seats are liable to be filled up by reserved category candidates and in SVU local area, two seats would go to open competition and one seat would go to reserved category candidate. ( 5 ) IT is further case of the petitioners that the University has not followed the above procedure and adopted an illegal method of selection. The University has filled up three seats in OU local area with OC candidates and one seat with ST Candidate, who secured rank 85 and also filled up unreserved seats by granting admission to reserved category candidates, which is not permissible. There cannot be any reservation among 15% unreserved seats as held by the Supreme Court in N. T. R. University of Health Sciences v. G. Babu Rajendra Prasad ( AIR 2003 SC 1947 ). There cannot be any reservation among 15% unreserved seats as held by the Supreme Court in N. T. R. University of Health Sciences v. G. Babu Rajendra Prasad ( AIR 2003 SC 1947 ). The respondents filled up unreserved seats with a candidate belonging to B. C-B candidate and the respondents ought to have filled up the rank holders 1 and 2 as unreserved seats and ought to have filled up two seats in OU local area with OC candidates and the two seats with BC candidates. The respondents have adopted erroneous and illegal method contrary to rules and thereby denying admission to petitioners and that the method adopted by the University is arbitrary, illegal and violative of Article 14 of the Constitution of India. ( 6 ) THE University has filed a counter affidavit in both the Writ Petitions opposing the case of the petitioners. It would, however, be necessary to refer to counter-averments in W. P. No. 8733 of 2004. The following averments made in the counter affidavit are relevant. The Government of Andhra Pradesh issued orders in G. O. Ms. No. 464, dt. 18. 9. 1993 prescribing rule of reservation on rotation basis for seven years in various specialties of MDS to SCs, STs and BCs. As the Government Dental College is State-wide institution, admissions are being made in accordance with paragraph-6 of the Presidential Order duly reserving 85% of the available seats in every course of study in the ratio of 42:36:22 favour of candidates belonging to AU local area, OU local area and SVU local area respectively. Through there are seven specialties, as per interim directions issued by this Court in W. P. Nos. 17008 and 17327 of 2003, dt. 23. 12. 2003, the University is treating all courses as one unit to give effect to the Presidential Order. Further, in W. P. No. 17322 of 2003, this Court by order dt. 12. 4. 2004 directed to follow the roaster prescribed by the Government in G. O. Ms. No. 47, dt. 31. 5. 2000 in respect of distribution of seats reserved for SC category students as amended by G. O. Ms. No. 464, dt. 18. 9. 1993. By order dt. 23. 4. 12. 4. 2004 directed to follow the roaster prescribed by the Government in G. O. Ms. No. 47, dt. 31. 5. 2000 in respect of distribution of seats reserved for SC category students as amended by G. O. Ms. No. 464, dt. 18. 9. 1993. By order dt. 23. 4. 2004, in W. A. No. 824 of 2004, this Court suspended the judgment of the learned Single Judgment W. P. No. 17332 of 2003 and directed the University to proceed with counseling but not give effect to the same insofar as one seat is concerned. It was also observed that counseling for that seat would be subject to further orders in Writ-Appeal. ( 7 ) IN the counter affidavit, it is further stated that the fourteen seats in MDS shall have to be filled up by distributing among three local areas as per Annexure-IV of the relevant Government Order issued under the Presidential Order duly following the reservation as per G. O. Ms. No. 464 and categorization of SCs as per G. O. Ms. No. 47, dt. 31. 5. 2000. After first stage of selection by the selection committee, the following provisional selection was made.