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Iyyapu Panduranga Rao, J.—W.P. No. 458 of 1991 is filed for the issuance of a writ of mandamus declaring that the two seats available in super speciality course of D.M. Gastro Enterology in Osmania Medical College, Hyderabad are reserved for the local candidates of the local area of Osmania University, Hyderabad and consequently declaring that the admission of the respondent No. 3 to one of the two seats in the said course in Osmania Medical College, Hyderabad for 1990-91 is illegal and liable to be cancelled and directing respondents 1 and 2 to admit the petitioner one of the two seats of D.M. Gastro Enterology in Osmania Medical College, Hyderabad for 1990-91.
Writ Petition No. 453 of 1991 is a similar writ petition directed for the issuance of a writ of mandamus to the respondents declaring that the two seats available in the super speciality course in M.Ch. Genito Urinary Surgery (hereinafter referred to as ''Urology'') in Osmania Medical College, Hyderabad are reserved for the local candidates of the local area of Osmania University, Hyderabad, consequently declaring that the admission of the respondent No. 3 to one of the two seats in the said course in Osmania Medical College, Hyderabad for 1990-91 is illegal and liable to be cancelled and directing the respondents 1 and 2 to admit the petitioner in one of the two seats in urology in Osmania Medical College, Hyderabad for 1990-91.
Writ petition No. 748 of 1991 is a similar writ filed for the issuance of a writ of mandamus to the respondents declaring that the two seats available in super speciality course of M.Ch. plastic surgery in Osmania Medical College, Hyderabad are reserved for the local candidates of the local area of Osmania University, Hyderabad; consequently declaring that the admission of the respondent No. 3 to one of the two seats in the said course in Osmania Medical College, Hyderabad for 1990-91 is illegal and liable to be cancelled and directing the respondents 1 and 2 to admit the petitioner in one of the two seats of M Ch. Plastic Surgery in Osmania Medical College, Hyderabad for 1990-91.
Since the point that arises for consideration in all the three writ petitions are one and the same, the advocates appearing for both sides requested that these writ petitions be heard together and be disposed of by a common judgment. Accordingly all these writ petitions are heard together and will be disposed of by a common judgment.
The facts relevant in W.P. No. 458 of 1991 are the following :
There are two seats in super speciality course in Gastro Enterology in Osmania Medical College and there is no seat in Andhra University in the said speciality. On 27-12-1990 entrance examinations were held to select candidates for the said two seats and the results were published on 2-1-1991. The petitioner secured third rank in the said entrance examination. Dr. Vidvasagar, Assistant Professor, Gandhi Medical College, a local candidate of Osmania University secured first rank and he was allotted one seat. Respondent No. 3 Dr. Janaki Ramulu who is not a local candidate with reference to Osmania University local area, but a local candidate of Venkateswara University local area, secured the second rank and he was given the other seat. Alleging that he is entitled for the seat allotted to the third respondent the petitioner filed this writ petition.
In Writ Petition No. 453 of 1991 the facts are that there are two seats in super speciality course in Urology, in Osmania Medical College, Hyderabad and in the same speciality there is one seat in Andhra University at Visakhapatnam. Regarding selection of candidates to the said speciality entrance examinations were held on 27-12-1990 and results were published on 2-1-1991. The third respondent secured the first rank and he was allotted one seat. The candidate who secured the second rank was allotted the only seat available at Visakhapatnam in Andhra University area as he is the local candidate of that area. The third and fourth ranks were respectively secured by non-locals and consequently they were not given the second seat available. Dr. Purnachandra Reddy a local candidate of Osmania University area, secured the 5th rank and he was given the other seat. The writ petitioner in W.P. No. 453 of 1991 secured 6th rank. Alleging that the two seats in the said speciality be assigned to Dr. Purnachandra Reddy and himself being local candidates of Osmania University area and the third respondent though secured the first place in the entrance examination he is not entitled to the alleged seat being a non-local, W.P. No. 453 of 1991 was filed.
Writ Petition No. 748 of 1991 was filed by the writ petition alleging that there are two seats available in super speciality course in M.Ch. Plastic Surgery in Osmania Medical College, Hyderabad for the academic year 1990-91. Regarding admission of students to the said courses, entrance examination was held on 27-12-1990 and results were published on 2-1-1991. Dr. Prophulchandra who is a local candidate of Osmania University local area, secured the first rank. He was allotted one seat while the second seat was allotted to the third respondent who secured the second rank. Alleging that ranks 2 to 7 were secured by non-locals the writ petitioner in W.P. No. 748 of 1991 who secured the 8th rank filed the writ petition alleging that he is the second local candidate in the order of merit in the entrance examination held on 27-12-1990 for admission to M.Ch. Plastic Surgery in Osmania Medical College, Hyderabad and prayed that one seat be allotted to him in preference to the third respondent.
The only point that arises for consideration in all these writ petitions is whether the selections made by respondents 1 and 2 is not in accordance with Rule 5 of A.P. Educational Institutions (Regulation of Admissions) Order, 1974 (hereinafter referred to as ''the Presidential Order'').
In the State of Andhra Pradesh there are three seats in super speciality urology, two seats in Osmania Medical College, Hyderabad and one seat in Andhra University, at Visakhapatnam. So far as the seat in Andhra University, Visakhapatnain is concerned I am not concerned with the same in the writ petition. So far as the two seats in Osmania Medical College, Hyderabad are concerned one seat was allotted to Respondent No. 3 in W.P. No. 453 of 1991 as he secured the first rank in the entrance examination with 92 marks. The second, third and fourth ranks were secured by non-locals while the 5th rank was secured by Dr. Purnachandra Reddy of Osmania University local area and he was given other seat. The writ petitioner in W.P. No. 458 of 1991 secured the 6th rank with 85 marks. The contention of the petitioner in W.P. No. 458 of 1991 is the super speciality-urology course is available in Osmania Medical College which is situated within the Telangana area and consequently both the seats be allotted to the local candidates of Osmania University area namely Dr. Poornachandra Reddy who secured 5th rank and the petitioner who secured 6th rank and the 3rd respondent in the said writ petition though secured first rank, not eligible for any seat, being a non-local.
There are two seats of the super speciality course M.Ch. Plastic surgery in Osmania Medical College, Hyderabad. As per the results of the Entrance Examination held on 27-12-1990 Dr. Profuliachandra who is a local candidate of Osmania University local area, secured first rank and he was given one seat while the second seat was allotted to the third respondent in W.P. No. 748 of 1991 as he secured the second rank. The writ petitioner in W.P. No. 748 of 1991 secured 8th rank. The said writ petitioner contends that the said two seats being available in Osmania Medical College are reserved for local candidates of Osmania University local area, holders of rank Nos. 2 to 7 are non-locals and consequently the other seat in the said super speciality be allotted to him, he being the second local candidate as per merit.''
There are two seats in super speciality course D.M. Gastro Enterology in Osmania Medical College, Hyderabad and there is no seat in Andhra University area in the said super speciality. As per the entrance examination held on 27-12-1990 Dr. Vidyasagar, Assistant Professor, Gandhi Medical College who is a local candidate of Osmania University local area, secured first rank and he was allotted one seat. The other seat was allotted to the third respondent in W.P. No. 458 of 1991, as he secured the second rank. The writ petitioner in W.P. No. 458 of 1991 secured the third rank the entrance examination. He contends that the third respondent in the said writ petition not being a local candidate of Osmania University local area, the third respondent in the said W.P. is not entitled for the other seat and the said seat should be allotted to him, be being a local candidate from Osmania University local area.
Rule 5 of the Presidential order which governs the matter in question, reads as follows :
Rule 5 : Reservation in non-State-wide Universities and educational Institutions :-
(1) Admissions 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 other educational institution (other than a Statewide 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.
(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 seat."
In view of Rule 5 of the Presidential order, the contention of the learned counsels appearing for the petitioners in all these writ petitions is that in the event of there being 7 seats in each faculty the first six will go to local candidates while the remaining one seat will go to non-local candidate. This aspect is brought out at para 5 of the affidavit filed in support of W.P. No. 748 of 1991 as follows :
"If there are 7 seats, if calculation is made of 85% of the same, by rounding of the fraction, it will come to six in that event only six seats will be allotted to local candidates and one seat will remain unreserved for others."
As to what should happen when the seats available are less than seven or to be more precise only two as happened in these writ petitions, in. the same affidavit and in the same para it is alleged as follows :
"When there are only two seats and 85% of the seats comes to two on rounding of the fraction into one, there cannot be any seat unreserved for the candidates of the other local areas or outside Andhra Pradesh. Hence the reservation of one seat for candidates outside the local area will not be applicable to two seats only available in the particular course."
Thus the contention of the learned counsels appearing for the petitioners is that when seven seats are available one seat will go to non-local and likewise and when seats available are less than seven, that is upto six only no non-local is eligible for any seat.
On behalf of the respondents in all these writ petitions it is submitted that if that is the purport of Rule 5, of the rule appended to the Presidential order, the proviso appended to Rule 5 namely, that there shall be at least one unreserved seal becomes otiose. Basing on the proviso appended to Rule 5 of the Presidential Order, the learned counsels appearing for the respondents submit that when the seats available are more than one and less than seven, one seat shall be reserved for non-local, in all these three writ petitions, basing on merit, third respondents in all these writ petitions, who are non-locals were allotted each one seat.
In all these writ petitions while one seat was allotted to local on the basis of merit, the other seat was allotted to non-local on the basis of merit. Having carefully gone through Rule 5 of the Presidential Order more particularly the proviso appended to Rule 5, I find that the submission made on behalf of the respondents is correct and the selections made by respondents 1 and 2 to all the three specialities in question are correct and are unassailable.
The learned counsel appearing for the petitioners rely upon Fazal Ghafoor v. Principal, O.M. College,1988 (2) ALT page 227 and K. Ashok Kumar v. University of Health Sciences, 1988 (2) ALT page 463. In the first decision it is observed as follows:
"We are not prepared to read the proviso as saying that where there is only one seat available in a given course in a given local area, it should be treated as an unreserved seat."
In decision No. 2 while affirming as to what was observed in Decision No. 1, it was further observed that the proviso to Sub-rule (2) of Rule 5 of the Presidential order cannot be torn out of contest and read as an independent proviso; the proviso is a proviso to Sub-rule (2) and not a proviso to Sub-rule (1); it therefore only means that while rounding of the fraction to one, under Sub-rule (2) it must be ensured that atleast one seat is reserved that is made available to non-local candidates. These decisions show that in a case where there was only one seat, the same shall go to the local candidate while in all the three writ petitions, the seats available are more than one viz., two and consequently as observed in K. Ashok Kumar v. University of Health Sciences (2 supra) the second seat is unreserved and these two decisions are not helpful to support the contention of the learned counsel appearing for the writ petitioners that there shall be only one unreserved seat when total number of seats available are more than six.
In view of the above circumstances, I find no merit in all the three writ petitions and accordingly all these three writ petitions are dismissed. No costs. Advocate Fee for G.P. Rs. 250/- in each petition.