- (1.) A common question is involved in both these writ petitions. Therefore, though both the writ petitions were heard on different dates, i.e., W.P. No. 12875 of 2004 was heard on 26.10.2004 and W.P. No.13555/2004 was heard on 3.11.2004, they are being disposed of by this common order. The question of considerable importance that falls for consideration in these two writ petitions is whether competent authority i.e., N.T.R. University of Health Sciences (hereafter called, the University) while filling up the seats in I year M.B.B.S., course reserved for special categories like N.C.C. and games/sports as per Rule 9(3) of Andhra Pradesh Government Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2003 (for short, 'the Rules') is required to keep 15% of such seats reserved for special categories as unreserved to be filled up with the candidates not belonging to any of the local areas, namely, Andhra University (AU) local area, Osmania University (OU) local area and Sri Venkateswara University (SVU) local area - in the State of Andhra Pradesh.
(2.) The fact of the matter is not much in dispute. The petitioner in W.P. No. 12875 of 2004 is daughter of retired Army Officer. Prior to completion of Intermediate course in State of Andhra Pradesh, she had her education outside Andhra Pradesh and therefore, she cannot be treated as local candidate for the purpose of A.P. Educational Institutions (Regulation of Admissions) Order, 1974 (hereafter called, the Presidential Order), in relation to any of the local areas in the State. So to say she is a non-local candidate. The petitioner in W.P.No. 13555 of 2004 studied in Central Middle School and Edmond Memorial High School, Oklahoma, USA and later completed his Intermediate course in Andhra Pradesh. He is also not a local candidate as defined in the Presidential Order.
(3.) Both the petitioners appeared for Engineering, Agricultural and Medical Common Entrance Test, 2004 (EAMCET- 2004) and pursuant to notification issued by the University, which is competent authority as per the Rules to make admissions, applied seeking admission to I year M.B.B.S., course, claiming reservation for special categories. The petitioner in the first writ petition claimed reservation under Priority No.1 in NCC category claiming that she represented country under Youth Exchange Programme in Nepal during February, 2004 and also passed NCC 'B' Certificate Examination. The petitioner in the other writ petition claimed that he secured third place in 14th National Senior Fencing Championship and therefore he falls under Priority No. 19 in games/sports category. The petitioners are not selected for admission and therefore they are before this Court contending that if the University keeps 15% of medical seats earmarked for special categories as unreserved, they would be selected for admission.;