Hyderabad: The High Court while making it clear that the Nizam’s Institute of Medical Sciences(NIMS) is a statewide university as per the Presidential Order, gave a directive that the super specialty seats in NIMS be distributed in the ration of 3:2:2. These seats fall under 85 percent quota reserved for local candidates of Andhra, Osmania and Sri Venkateswara University areas.
The bench comprising of Justice J Uma Devi and Justice V Ramasubramanian was allowing appeals filled by Dr Madhan Kumar Allagadda from Kadapa district and Dr CH Poornasree Sesha Sai Neelima from Chittoor district, challenging a single bench judge’s order directing the Andhra and TS governments and NIMS to consider conversion, on a rotation basis, of seats from one varsity area to another varsity area once in three years, in branches of super specialty courses of Medicine.
The case details reveal that the appellants have applied for admission to DM (Neurology) and DM (Cardiology) and courses in the NIMS for the academic year 2016-2017. The sanctioned seats for these courses were eight each.
They expected that the 3:2:2 ratio would result in three seats going to Andhra University, and two each would go to the Osmania University and SV university.
However, contrary to expectation, NIMS distributed these seats in the ratio of 3 seats each for AU and OU areas and 1 seat each for SV University and non-local candidates.
After perusing the material on record, the bench noted that the authorities rounded off 2.94 share of Andhra University area to three and also rounded off 2.52 share of Osmania University area as three, since the fraction was more than 0.5. Thereafter they were left with one seat for the Sri Venkateswara University area by providing a seat matrix of 3:3:1:1.
The Telangana government contended that the modification of the ratio, once in three years by rotation, was contrary to the Presidential Order.
As per the Presidential Order 85 per cent of seats reserved for local candidates should be distributed among candidates of Andhra University , Osmania Universityand Sri Venkateswara University areas in ratio of 42:36:22 on the basis of population
While setting aside the single judge order, the bench directed that henceforth the distribution of seats shall be in the ratio of 3:2:2.When paragraph-6 (3) of the Presidential Order speaks about “greater of the fractions”, the same has to be understood only to speak about what is less than one, the bench said, adding that the expression “fraction” cannot be understood or interpreted in any other manner, stated the Court, reports the TNIE.