Vankudoth Greeshma vs The State Of Andhra Pradesh & Ors.

“(a)

issue a Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondent Nos.2 and 3 in treating the Petitioner as an Open Category (OC) candidate instead of a Scheduled Tribe (ST) candidate for admission into the 1^st Year MBBS Course under the Competent Authority (Convenor) Quota for the academic year 2026-27, as being arbitrary, illegal, unjust, discriminatory and violative of Articles 14, 15(4) and 21 of the Constitution of India and the principles of natural justice;

(b)

consequently, issue a direction to the Respondent Nos.2 and 3 to consider the candidature of the Petitioner under the ST category for admission into the 1^st Year MBBS Course for the academic year 2026-27 in ongoing and all subsequent phases of counselling conducted under the Competent Authority (Convenor) Quota in the State of Andhra Pradesh…”

“(7) RESERVATION IN FAVOUR OF THE LOCAL CANDIDATES:

7.1

Admission to 85% of the available seats shall be reserved in favour of the Local candidates in relation to the local area as provided in A.P. Educational Institutions (Regulation of Admission) order, 1974 as given in Annexure-III of G.O. (P) No. 646, Edu. (W1) Department, dt.10-7-1979 and extracted provisions as per G.O.Ms.Nos.80, 81 & 82 of HM&FW (C1) Dept., dated.22-07-2025 and applicable for the Academic year 2026-27 as per G.O.Ms Nos.84, 85 & 86 of HM&FW (C1) Dept., dated.02-07-2026, as follows:

7.2 LOCAL AREA:

a. Andhra University Area: The part of the State comprising the erstwhile districts of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur and Prakasam shall be regarded as the Local Area for the purpose of admission to the Andhra Pradesh Government / Un-aided Non-Minority / Minority Professional Institutions i.e., Undergraduate Medical and Dental Professional courses and to any other educational institutions (other than a state-wide university or statewide educational institution) which is subject to the control of the State Government and is situated in that part.

b. Sri Venkateswara University Area: The part of the State comprising the erstwhile districts of Anantapur, Kurnool, Chittoor, Cuddapah and Nellore shall be regarded as the Local Area for the purpose of admission to the Andhra Pradesh Government / Un-aided Non-Minority / Minority Professional Institutions i.e Undergraduate Medical and Dental Professional courses and to any other educational institutions (other than a statewide university or state-wide educational institution) which is subject to the control of the State Government and is situated in that part.

7.3 LOCAL CANDIDATES:

The Local Candidate means:

(A)

A candidate for admission shall be regarded as a local candidate in relation to a local area. –

(a)

If he/she has studied in 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/she 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 four consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination, he/she has not studied in any educational Institutions, if he/she 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/she appeared or, as the case may be, first appeared.

(B)

A candidate for admission to the Course who is not regarded as local candidate under clause (A) in relation to any local area shall -

(a)

If he/she has studied in educational Institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination be regarded as a local candidate in relation to, -

(i)

Such local area where he/she has studied for the maximum period out of said period of seven years, or

(ii)

Where the period of his/her study in two local areas are equal, such local area, where he/she has studied last in such equal period, or

(b)

If, during the whole or any part of seven consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination, he/she has not studied in the educational Institutions in any local area, but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to, -

(i)

Such local area where he/she has resided for the maximum period out of the said period of seven years, or

(ii)

Where the periods of his/her residence in two local areas are equal, such local area where he/she has resided last in such equal periods.

(C)

Local Status Certificate issued through online mode by MRO for claiming as Andhra Pradesh local as per G.O.Ms.No.132 & 133, GA (SPF&MC) Department, dt.13.6.2016 and circular Memo.No.4l36/SPF&MC/2015-5, Dated: 08.08.2016 & Memo.No.4136/SPF&MC/2015-9 dated 03.09.2016 and its amendments issued by the General Administration Dept., Govt. of Andhra Pradesh.

7.2 (sic 7.4) The following categories of candidates are eligible to

apply for admission under 15% of the available ANDHRA PRADESH UNRESERVED Seats:

i.

All the candidates eligible to be declared as local candidates of two local areas of State of Andhra Pradesh.

ii.

Candidates who have resided in the State of Andhra Pradesh for a total period of 10 years excluding periods of study outside the State or either of whose parents have resided in the State of Andhra Pradesh for a total period of ten years excluding period of employment outside the State.

iii.

Candidates who are children of parents who are in employment of the State of Andhra Pradesh or Central Government, Public Sector Corporations, Local Bodies, Universities and Educational Institutions other similar quasi Public Institutions within the State of Andhra Pradesh.

iv.

Candidates who are spouses of those in the employment of the State of Andhra Pradesh or Central Government, public sector corporations, Local Bodies, Universities and Educational Institutions recognized by the Government or University or other Competent Authority and similar quasi Government Institutions within the State of Andhra Pradesh.

N.B.: The Scanned copies of relevant certificates must be uploaded for verification along with online application. In respect of residence certificate, the certificate should be obtained from the Revenue authorities clearly specifying the years.”

“(8). RESERVATIONS:

A. Reservation for Scheduled Castes (S.C.) and Scheduled Tribes (S.T.):

i)

Out of the seats available for admission under Competent Authority Quota, the following percentage of seats shall be reserved for candidates belonging to Scheduled Castes and Scheduled Tribes in each local area.

Community	Percentage of reservation applicable	Issuing Authority (Integrated Community Certificate with Barcode)
SC	Group-1 = 1 % Group-2 = 6.5 % Group-3 = 7.5%	Tahsildar / Mandal Revenue Officer/ Competent Authority, Govt. of Andhra Pradesh
ST	6%

NOTE: Valid Community Certificate in respect of sub-

castes of Schedules Castes containing specific SC Group -1/ SC Group -2 / SC Group-3 issued as per G.O.07 will only be considered for admission.

ii) In the event that if any seats reserved for S.T. not being filled up, they will be open to the candidates belonging to the Scheduled Castes and vice-versa.

iii) In the event of the candidates from the SC and ST are not being available, these seats shall be allotted to the candidates under open competition.

iv) Candidates of the Scheduled Castes and Scheduled Tribes belonging to the State of Andhra Pradesh only which are specified by the Govt. of A.P. from time to time shall be considered.

B. RESERVATION FOR BACKWARD CLASSES:

i)

29% of the available seats for admission in each local area Under Dr. NTR UHS for MBBS, BDS courses shall be reserved for candidates belonging to Backward Classes as follows:-

Community	Percentage of reservation applicable	Issuing Authority (Integrated Community Certificate with Barcode)
BC-A	7%	Tahsildar / Mandal Revenue Officer/ Competent Authority, Govt. of Andhra Pradesh
BC-B	10%
BC-C	1%
BC-D	7%
BC-E*	4%

ii) As per the G.O.Ms.No.1793, Education, dt.23.09.1970 and G.O.Ms.No.23, Backward Classes Welfare (C2), dt.07-07-2007 and G.O.Ms.No.231, Health Medical and Family Welfare (E1) Dept., dated 11-07-2007. (* Subject to further orders of the Govt. of Andhra Pradesh / High Court.)

iii) If qualified candidates belonging to Backward Class of particular group are not available, the leftover seats can be adjusted for the candidates of next group. If qualified candidates belonging to Backward Classes are not available to fill up the 29% seats reserved for them, the leftover seats shall be treated as Open Competition seats and shall be filled up with candidates by merit.

NOTE:- The Social Reservation provided for BCs, SCs, ST’s in the ratio of 29%, 15% and 6% respectively shall be vertical reservation.

C. RESERVATION FOR ECONOMICALLY WEAKER SECTIONS (EWS):

The reservation of 10% in favour of Economically Weaker Section (EWS) candidates who are not covered under existing scheme of reservation for SC/ST & BCs will be made as per the procedure/ guidelines issued by the Government of Andhra Pradesh.

EWS Quota will be implemented in the Government Medical Colleges where additional seats were permitted by NMC / Govt. of India for the purpose.

The persons seeking the benefit of reservation under EWS category shall obtain and upload the Income & Asset Certificate for Economically Weaker Section (EWS) valid for the year 2026-27 issued on or after 01.04.2026 by the Tahsildar, Govt of Andhra Pradesh.

NOTE: Keeping in view of exhaust of 10 years common admission process by 01-06-2024 as per the A.P Reorganization Act, 2014, the EWS certificates issued by Govt. of A.P will only be considered for admissions.

“(10) SOCIAL STATUS CERTIFICATE:

10.1

The candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Classes have to upload a latest Certificate in the Prescribed Proforma, with barcode, in support of their claims. The social status of Schedule Castes, Scheduled Tribes and Backward Classes candidates shall be scrutinized in terms of G.O.M.s.No.58, SW (J) Dept. Dated 12-05-1997 and as amended from time to time.

10.2

The candidates are informed that they will not be considered for the caste claimed by them unless they upload the latest Integrated Community Certificate with Barcode, prescribed by the Government of Andhra Pradesh and issued by the Revenue Authorities (Vide G.O.Ms.No.58, Social Welfare (J) Department, dated. 12-05-1997).

10.3

In case of Minority candidates, the Minority certificate issued by District Minorities Welfare Officer, Government of AP to be furnished in support of their claim.

NOTE: Keeping in view of exhaust of 10 years common admission process by 01-06-2024 as per A.P Reorganization Act, 2014, the Caste certificates issued by Govt. of A.P will only be considered for admissions (Govt. Memo No.2832690/C1/2026, Dt:21-07-2026 of Govt. of Andhra Pradesh.

“10.

It has, however, to be borne in mind that a man does not cease to belong to his caste by migration to a better or more socially free and liberal atmosphere. But if sufficiently long time is spent in socially advanced area then the inhibitions and handicaps suffered by belonging to a socially disadvantageous community do not continue and the natural talent of a man or a woman or a boy or girl gets full scope to flourish. These, however, are problems of social adjustment i.e. how far protection has to be given to a certain segment of socially disadvantaged community and for how long to become equal with others is a matter of delicate social adjustment. These must be so balanced in the mosaic of the country's integrity that no section or community should cause detriment or discontentment to other community or part of community or section. Scheduled Castes and Scheduled Tribes belonging to a particular area of the country must be given protection so long as and to the extent they are entitled in order to become equal with others. But equally those who go to other areas should also ensure that they make way for the disadvantaged and disabled of that part of the community who suffer from inabilities in those areas. In other words, Scheduled Castes and Scheduled Tribes say of Andhra Pradesh do require necessary protection as balanced between other communities. But equally the Scheduled Castes and Scheduled Tribes say of Maharashtra in the instant case, do require protection in the State of Maharashtra, which will have to be in balance to other communities. This must be the basic approach to the problem. If one bears this basic approach in mind, then the determination of the controversy in the instant case does not become difficult….”

“32.

In Marri Chandra Shekhar Rao, the Constitution Bench observed that the expression “in relation to that State” must be read meaningfully and harmoniously. It was observed that if a member of Scheduled Castes/Scheduled Tribes gets the benefit of that status throughout the territory of India, the expression “in relation to that State” would become nugatory. If the special privileges or the rights granted to Scheduled Castes or Scheduled Tribes in a particular State are to be made available in all the States and if such benefits are to be carried from State ‘A’ to State ‘B’ on migration, the mandate of Articles 341/342 would get compromised. Such a consequence must be avoided for it is a fundamental rule of interpretation, be it of a statutory enactment or of the Constitution, that wherever and whenever there is a conflict between two provisions, the same should be so interpreted as to give effect to both. “… Nothing is surplus in a Constitution and no part should be made nugatory…”

33.

The issue has to be viewed from another perspective. If a member of a Scheduled Caste/Scheduled Tribe of Andhra Pradesh who had migrated to Maharashtra is to be given the benefit of reservation it will amount to depriving a member of a Scheduled Caste/Scheduled Tribe of Maharashtra by reducing the reservation earmarked for them. It is in this context, in Marri Chandra Shekhar Rao, that the Constitution Bench observed as under:

“14.

… But having regard to the purpose, it appears to us that harmonious construction enjoins that we should give to each expression — “in relation to that State” or “for the purposes of this Constitution” — its full meaning and give their full effect. This must be so construed that one must not negate the other. The construction that reservation made in respect of the Scheduled Caste or Tribe of that State is so determined to be entitled to all the privileges and rights under the Constitution in that State would be the most correct way of reading, consistent with the language, purpose and scheme of the Constitution. Otherwise, one has to bear in mind that if reservations to those who are treated as Scheduled Caste or Tribe in Andhra Pradesh are also given to a boy or a girl who migrates and gets deducted (sic inducted) in the State of Maharashtra or other States where that caste or tribe is not treated as Scheduled Caste or Scheduled Tribe then either reservation will have the effect of depriving the percentage to the member of that caste or tribe in Maharashtra who would be entitled to protection or it would denude the other non-Scheduled Castes or non-Scheduled Tribes in Maharashtra to the proportion that they are entitled to. This cannot be logical or correct result designed by the Constitution.”

34.

Unhesitatingly, therefore, it can be said that a person belonging to a Scheduled Caste in one State cannot be deemed to be a Scheduled Caste person in relation to any other State to which he migrates for the purpose of employment or education. The expressions “in relation to that State or Union Territory” and “for the purpose of this Constitution” used in Articles 341 and 342 of the Constitution of India would mean that the benefits of reservation provided for by the Constitution would stand confined to the geographical territories of a State/Union Territory in respect of which the lists of Scheduled Castes/Scheduled Tribes have been notified by the Presidential Orders issued from time to time. A person notified as a Scheduled Caste in State ‘A’ cannot claim the same status in another State on the basis that he is declared as a Scheduled Caste in State ‘A’.”