Telangana High Court
WP/27056/2009 of Dr. G. Padmavathi Vs Government of Andhra Pradesh, on 29 December 2009
MR JUSTICE L. NARASIMHA REDDY Writ Petition No.27056 of 2009 ORDER: Sri Venkateswara Ayurvedic College, the 5th respondent, is affiliated to Dr.N.T.R. University of Health Sciences, the 3rd respondent. During this academic year, Post-Graduate Ayurvedic Medical Courses, in six branches,
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ORDER:
THE HON’BLE MR JUSTICE L. NARASIMHA REDDYWrit Petition No.27056 of 2009
Sri Venkateswara Ayurvedic College, the 5[th] respondent, isaffiliated to Dr.N.T.R. University of Health Sciences, the 3[rd]respondent. During this academic year, Post-Graduate AyurvedicMedical Courses, in six branches, were introduced with six seats, eachcourse. Three seats, in each course, are earmarked for candidatessponsored by the Central Government. Out of the remaining threeseats, 85% i.e. two seats, are reserved in favour of local candidates ofSri Venkateswara University area. Within this category, one seat, ineach course, is reserved in favour of in-service candidates i.e. Ayurvedic Medical Practitioners, employedby the Tirumala Tirupathi Devasthanam (for short ‘Devasthanam’), the 4[th] respondent.
The petitioners are Ayurvedic Doctors, employed by theDevasthanam. Their grievance is that, though there are vacancies inthe seats earmarked for employees, they have not been selected foradmission.
The 1[st] respondent i.e. the Government of Andhra Pradesh,filed counter-affidavit, stating that the petitioners do not fall into thelocal category, and as such, they are not entitled to be selected againstthe seats reserved in favour of local candidates of SV University area.
Heard Sri T.S.Anand, learned counsel for the petitioner, learnedGovernment Pleader for Medical and Health, learned StandingCounsel for the University and learned Standing Counsel for theDevasthanam.
The seats, in each course, are very few, but reservations aremany. The parameters for each category of reservation are different. This naturally led to certain complications in the admission process. Ithas already been mentioned that, in each course, of the Post-graduate, Ayurvedic Medicine, only three seats are available for thecandidates from the State of Andhra Pradesh. The 5[th] respondent is aNon-State wide institution, as defined under the A.P. EducationalInstitutions (Regulation of Admissions) Order, 1974 (for short ‘thePresidential Order’). 85% of the available seats are to be reserved infavour of the candidates from the local area i.e. SV University area,and at least, one seat must be left unreserved. Therefore, two seats,out of the three seats, are to be reserved in favour of the localcandidates from SV University area.
The orders issued by the 1[st] respondent directed that one seat,in each course, in the SV University area, must be reserved in favourof in-service candidates. The petitioners are no doubt in-servicecandidates. However, they are not the local candidates of SVUniversity area. They studied the qualifying examination from adifferent university area. Therefore, even if there existed vacanciesunder that category, they have to be filled by local candidates of thesame area, though not in-service. Whenever a conflict arises betweenone particular category of reservation and the one under thePresidential Order, the latter must prevail. Not being local candidatesof SV University area, the petitioners cannot claim right to be admittedinto the course.
Hence, the Writ Petition is dismissed. There shall be no order as to costs.
Dt.29-12-2009.
GJ
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L. NARASIMHA REDDY, J.