Hyderabad: The High Court of Hyderabad dismissed two writ pleas of Dr Madhan Kumar Allagadda and another seeking admission to DM in Cardiology and Neurology at the Nizam’s Institute of Medical Sciences.
Their writ petitions called for filing of seats in terms of the Presidential Order 1974 by giving preference to the highest fractional. Their petitions also asked for strict adherence of PG Medical Education Regulation 2000’s rules applicable to the admission of Super Speciality of DM – Cardiology and Neurology. The issue at the heart of the controversy lay in arriving at the number of seats in the ratio of 36:42:22 in the Osmania University, Andhra University and SV University respectively.
The two pleader’s contention was that the Telangana State government had erred in working out the fraction.
N Subha Rao, counsel for the petitioners referring to the rule relating to fractions argued that Andhra deserved an additional allocation of seats. He brought to the notice of the court that the 2014-15 allocation by NIIMS had been done as per the said fraction. He however complained that the three seat allocation to OU, and one to SV University was contrary to the spirit of 371D of the constitution of India.
“ Article 371 D provides that having regard to the requirements of the State as a whole, for providing equitable opportunities and facilities for the people belonging to different parts of’the State in the matter of public employment and in the matter of education, the President may make an order writ respect to the State of Andhra Pradesh and different provisions may be made for various parts of the State. We have already outlined the scope of the Presidential Order. We may briefly state the same again; it may be noted that the whole State is divided into 3 local areas having regard to the jurisdiction of the Universities in the State. 85 per cent of the available seats in each of the educational institutions under the control of the State Government are reserved for each local area and 15 per cent of the seats are left open as unreserved for which, inter alia, the candidates of the other local area can compete though there is also a provision in Art. 371 D enabling the President to make different provisions for different parts of the State. The Order passed by the President it is obvious, provides equitable opportunities to each local area equally. Opportunities for the residents of the State are equitably distributed. This is in respect of non-Statewide institutions. In regard to the Statewide institutions, as noticed above, 85 per cent of the seats available are divided having regard to the requirements of the State in the ratio of 42:36:22.”
N R Rao, State Additional Advocate General pointed out that the division was based on the basis of population. He made clear that as per the population, SV University had been given one extra seat and the Osmania University was losing out contrary to petitioner claims.
Mr. Rao said out of 50 seats in the NIIMS, 42 being available for three regions in proportion 42:36:22, Andhra University gets 20 seats, OU gets 12 seats, SVU gets 10; contrary to the Presidential Order that would allot 47 per cent, 28 per cent, 23.75 per cent.
He clarified that the OU was not getting its share of seats; contrary to petitioner allegations.
Justice Kait, order, upheld the action of the government.