Judgment:
G. Radhakrishna Rao, J.
1. This writ petition is filed by the petitioner. Dr. Vijaya Raghava Rao, B.N., Tutor in Cardiology, Gandhi Medical College, Hyderabad for issue of a writ of mandamus declaring the condition of study of residence for a particular period of consecutive academic years ending with the academic year in which the candidates appear or first appear in the relevant qualifying examination with reference to the definition of the 'Local Candidate' in Para 4 of the A.P. Educational Institutions (Regulation of Admissions) Order 1974 and the consequential Government orders as illegal and discriminatory among the people belonging to particular part of the State of Andhra Pradesh being in violation of Article 371D(i) and also being hit by Article 14 of the Constitution of India; and consequently declaring the admission in the Super Speciality Course of Cardiology for 1992-93 given by respondent No. 3 in Gandhi Medical College, Hyderabad as illegal and directing respondents 2 and 4 to admit the petitioner for the Super Speciality Course of Cardiology for 1992-93 in the reserved seat in Gandhi Medical College of Osmania University local area.
2. The case of the petitioner is that he was born in Hyderabad and his entire education upto completion of M.B.B.S. was in Hyderabad. He passed M.B.B.S. examination in the year 1974 and completed internship in 1975. After completion of internship he worked as senior House Surgeon in Osmania Hospital, Hyderabad upto 1976. In 1977 he was selected for the post of Civil Assistant Surgeon by the A.P. Public Service Commission. No posting order was given immediately after selection. In the meanwhile he got admission in M.D. in General Medicine in the University of Delhi. When he was doing M.D. in Delhi, he received the posting order as Civil Assistant Surgeon and he joined service in Nalgonda District on 8-7-1979 and worked for one day and on the very next day he obtained study leave and went back to Delhi and completed M.D. by 30-3-1980. After completion of M.D. he joined as Assistant Professor in Medicine in Gandhi Medical College, Hyderabad. According to the petitioner, he is a local candidate of Osmania University area not only by birth but by education and service. The petitioner appeared for the examination for Super Speciality Course in Cardiology for 1993-95, held on 24-1-1993 and he secured fifth rank in general and respondent No. 3 secured seventh rank in general. Among the candidates of Osmania University local area, he secured first rank and the 3rd respondent secured second rank. As he secured first rank among the Candidates of Osmania University local area, he is entitled to get the said reserved seat of Gandhi Medical College, Hyderabad but the 3rd respondent was given that seat.
3. The 3rd respondent in his counter-affidavit has stated that by birth he is a resident of Hyderabad. After primary education, he studied his High School classes during the years 1975-81 at Kendriya Vidyalaya, Ramagundam, Kareemnagar District. He did M.B.B.S. in 1981-86 from Kakatiya Medical College, Warangal and he did his Post-graduation in M.D. General Medicine in Gandhi Medical College, Hyderabad and from January 1992 he was working a Senior Resident in Cardiology, Nizams Institute of Medical Sciences at Hyderabad. According to him, he is a local candidate for the single and reserved seat and therefore he is entitled to the seat in preference to the petitioner.
4. It must be remembered that the definition of 'local candidate' has been considered in different judgments. To ensure that the local candidates within Osmania University local area should fulfil the condition of study and residence in the local area, reasonable classification has been made to arrive at a conclusion about the eligibility. For the purpose of eligibility one must have studied in the local area prior to the date of claiming the selection as a local candidate. It is an admitted case of the petitioner that prior to the date of selection, the petitioner studied in Delhi for two academic years and respondent No 3 studied in Hyderabad. It is study of the petitioner at Delhi that excluded him from claiming a seat as a local candidate.
5. In B. Ramesh v. University of Health Sciences, Vijayawada, : AIR1991AP1 a Division Bench of this Court considered paras 3, 5 and 8 of the Andhra Pradesh Educational Institutions (Regulation of Admission) Order with reference to Article 371D of the Constitution of India. The Division Bench observed as follows:-
'In exercise of the power conferred under Clause (1) of Article 371D of the Constitution, the President made the A.P. Educational Institutions (Regulation of Admissions) Order, 1974, in short, the Presidential Order. The salient features of the Presidential Order are that it divides the State into three areas - Andhra University, and Nagarjuna University area, Osmania University, Kakatiya University area and Sri Venkateswara University area. It defines 'local candidates' for each area. It classifies Universities and Educational Institutions into two categories non-Statewide and Statewide. Para 5 of the Order provides that admissions to eighty-five per cent of the available seats in every course of study provided by Andhra University, the Nagarjuna University, the Osmania University, the Kakatiya University or Sri Venkateswara University or by wayany other educational institution other than a statewide University or a Statewide 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.......'
6. Though the petitioner got 5th rank in general and respondent No. 3 secured 7th rank in general, the petitioner has stated that as he belongs to the local area of Osmania University, he is entitled to preference over the 3rd respondent and that his rank will be No. 1 in the Osmania University local area and the 3rd respondent's rank will be No. 2. When he himself claims the seat on the basis of a local candidate irrespective of the merit and the right is claimed only by birth for himself or for respondent No. 3, he must also take into account the consequential benefit given to the persons in the local area. The persons who have studied for four consecutive years prior to the qualifying examination are entitled to preferential treatment. The persons who have enjoyed a part of the benefit conferred cannot be expected to give up certain other consequential benefits given to that class. The expression 'consecutive' with reference to the academic years prior to appearing for the qualifying examination has rational basis and this was to ensure that the local candidate within the Osmania University have not only resided in the local area but also have studied in the local area for four consecutive years prior to the qualifying examination. As already stated, though by birth the respondent (sic. petitioner) is a resident of Hyderabad and studied in the Osmania University local area up to his completion of M.B.B.S., as prior to the qualifying examination he studied in Delhi for two years and as the 3rd respondent continuously was in the local area for four consecutive years prior to the qualifying examination, the 3rd respondent is entitled to preference over the petitioner. Such a preference given on a reasonable basis of classification with reference to study cannot be said to be arbitrary or violative or principles of natural justice. Consequently I hold that the admission in the Super Speciality Course of Cardiology for the year 1992-93 in the reserved seat in Gandhi Medical College of Osmania University is correct and does not call for interference.
7. The Writ Petition is, therefore, dismissed. No costs.