D.Deepa W/O P.Rajesh Reddy vs. He Government Of Andhra Pradesh Rep By Its

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.15865 of 2013

ORDER:

The Governor of Andhra Pradesh exercising the power available to him under Section 15 read with Section 3 of the Andhra Pradesh Educational Institutions (Regulations of Admission and Prohibition of Capitation Fee) Act, 1983 (A.P. Act 5 of the 1983) has framed rules called Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997. Explanation I of Rule 3 clarified that an in-service candidate is one, who has put in two years of continuous regular tribal service or three years of continuous regular rural service or six years of continuous regular service. Now the claim of the petitioner is that she worked as Civil Assistant Surgeon, T.B. Training & Demonstration Center, Sanjeeva Reddy Nagar, Hyderabad, upon her selection and appointment as a Civil Assistant Surgeon through proceedings dated 01.02.2008 of the Director of Health, Andhra Pradesh, Hyderabad. It will be relevant to notice that the writ petitioner has completed only five years of service but not six years. However, Sri P.Gangarami Reddy, learned counsel for the petitioner has drawn my attention to condition No.6 in the order of appointment dated 01.02.2008 which specifies that a minimum period of five years of service in urban areas would get eligibility for P.G. studies as an in-service candidate, and hence he would urge that the petitioner is legitimately entitled to be treated as an in-service candidate for the purpose of admission to P.G. course and also the fact that she has appeared for the entrance examination and secured fairly the superior merit rank of No.4 amongst the in-service candidates, and hence she cannot be denied the right to be admitted to one or the other of the P.G. medical courses in the State.

The learned Government Pleader for Medical & Health as well as the learned Standing Counsel for Dr. NTR University of Health Sciences would submit that as per the Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997 framed by the Governor, 30% of the seats in clinical subjects and 50% of the seats in non-clinical subjects in any group for Degree and Diploma courses are reserved for in-service candidates.

Learned counsel would submit that if the petitioner wants to stake a claim for admission against any one of those seats reserved for in-service candidates, she has to necessarily qualify with reference to the length of service put in by her in tribal/rural/urban areas, and it is the petitioner who has worked for only five years in an urban area but not for six years, she cannot be considered eligible for admission against the in-service quota of seats reserved and set apart for them.

When once the rules are framed by the Governor exercising the power available to him under Section 15 read with Section 3 of the Andhra Pradesh Educational Institutions (Regulations of Admission and Prohibition of Capitation Fee) Act, 1983 (A.P. Act 5 of the 1983), it is imperative that all candidates who seek admission into P.G. Medical Course must necessarily comply with the requirements contained therein. If the rule making authority has chosen to prescribe two years of tribal service, three years of rural service and minimum six years of urban area service, for one to qualify as an in-service doctor, there is no alternative except to satisfy this requirement. The petitioner on her own merit if she can secure admission in P.G. Medical Course, the respondents have no objection, but perhaps she may not be entitled to seek admission against any one of those seats which are reserved for in-service doctors. With this, the writ petition stands disposed of. No costs.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

NOOTY RAMAMOHANA RAO, J

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June 6, 2013 Mva