ARUVA RUSHYAKETH Vs. STATE OF A.P.
LAWS(APH)-2019-9-76
HIGH COURT OF ANDHRA PRADESH
Decided on September 06,2019

Aruva Rushyaketh Appellant
VERSUS
STATE OF A.P. Respondents


Referred Judgements :-

DEGA VENKATA HARSHA VARDHAN V. AKULA VENKATA HARSHAVARDHAN [REFERRED TO]
RITESH R SAH VS. Y L YAMUL [REFERRED TO]
UNION OF INDIA VS. RAMESH RAM [REFERRED TO]
KOGANTI JAYAKRISHNA VS. STATE OF ANDHRA PRADESH [REFERRED TO]
SAMTA AANDOLAN SAMITI VS. UNION OF INDIA [REFERRED TO]
TRIPURARI SHARAN AND ANR. VS. RANJIT KUMAR YADAV & ORS. [REFERRED TO]


JUDGEMENT

A.V.Sesha Sai, J. - (1.)Alleged failure on the part of the respondents in implementing the judgment of the Hon'ble Apex Court in Appeal No(s).8529 of 2018, arising out of S.L.P. (C) No.22000 of 2018, dated 24.08.2018, in the case of Dega Venkata Harsha Vardhan v. Akula Venkata Harshavardhan,2018 SCCOnline(SC) 1978, and paragraph No.5 (ii) of G.O. Rt. No.550, Higher Education (EC.2) Department, dated 30.07.2001, is the common grievance of the petitioners in these Writ Petitions.
(2.)The petitioners in these Writ Petitions appeared for National Eligibility-cum-Entrance Test(NEET), 2019 examination and got qualified in the said test. It is the complaint of the petitioners herein that in the event of implementing paragraph No.5 (ii) of G.O. Rt. No.550, Higher Education (EC.2) Department, dated 30.07.2001, in its true letter and spirit, they and other similarly situated students would get the real fruits of the said Government Order.
(3.)The following factual aspects may be relevant for adjudication of the issues involved in these Writ Petitions:
The Andhra Pradesh Professional Education Institutions (Regulation of Admission into under-Graduate Professional Courses through Common Entrance Test) Rules, 1993, notified by G.O.Ms.No.184, Education (EC2) Department, dated 20.08.1993, stipulate the following social reservations.

(1) Scheduled Castes - 15%

(2) Scheduled Tribes - 6%

(3) Backward Classes - 25%, in the manner indicated infra, among the 4 groups:

(i) Group A- 7%;

(ii) Group B-10%;

(iii) Group C-1% and

(iv) Group D - 7%.

The State Government, pursuant to the law laid down by the Hon'ble Apex Court in the judgment in Ritesh R.Shah v. Dr.Y.L.Yamul and others, 1996 3 SCC 253, and the orders of the Composite High Court of Andhra Pradesh in Writ Petition No.26404 of 1999 and Writ Appeal No.795 of 1999, issued instructions vide G.O. Rt. No.550, Higher Education (EC.2) Department, dated 30.07.2001. Paragraph No.5 of the said Government Order reads as under:

"After careful consideration and due examination of the issue relating to implementation of reservation for Scheduled Castes/ Scheduled Tribes/Backward Classes in engineering and other Professional Courses, the following instructions are hereby issued:-

(i) In the counseling process, the seats to be filled by open competition should be filled up first, wherein the candidates should be called for counseling based on merit alone irrespective of whether they belong to SC, ST or BC in accordance with the instructions issued by the Government in G.O.Ms.No.996, Employment & Social Welfare, dated 11th November, 1975.

(ii) Next, reservation categories like SC/ST/BC candidates will be counseled to fill the seats earmarked for them in their respective categories. During this process, if a candidate belonging to Scheduled Caste/Scheduled Tribe/Backward Classes who had taken admission under open competition, opts for a better branch or a better college of his choice for which he or she would be eligible as per the rules of reservation, the seat vacated by him or her in open competition shall be filled with a candidate from the same reservation category only, on order or merit."

According to the petitioners, the said G.O.Rt.No.550, dated 30.07.2001, was implemented, in its true letter and spirit, till the year 2017, and in the year 2017, a batch of Writ Petitions came to be filed before the Composite High Court of Andhra Pradesh, assailing paragraph No.5 of the said Government Order. By way of an order dated 30.08.2017 in Writ Petition No.29175 of 2017, a Division Bench of the Composite High Court of Andhra Pradesh had stayed paragraph No.5 (ii) of the G.O.Rt. No.550, dated 30.07.2001 by placing reliance on the judgment of the Hon'ble Apex Court in Union of India v. Ramesh Ram & others, 2010 7 SCC 234. Subsequently, the Composite High Court of Andhra Pradesh, vide order dated 07.08.2018 in Writ Petition No.29175 of 2017, had set aside the paragraph No.5 (ii) of the said Government Order. The said judgment was carried in appeal to the Hon'ble Apex Court by way of Appeal No(s). 8529 of 2018 arising out of S.L.P. (C) No.22000 of 2018, and the Hon'ble Apex Court, vide order dated 24.08.2018, reported in Dega Venkata Harsha Vardhan v. Akula Venkata Harshavardhan (1 supra), had set aside the above said judgment of the Composite High Court of Andhra Pradesh rendered in Writ Petition No.29175 of 2017 and consequently upheld the G.O.Rt.No.550, dated 30.07.2001. While pleading that in view of the abovesaid judgment of the Hon'ble Apex Court, it is incumbent and obligatory on the part of the respondents to hold the process of counseling in accordance with paragraph No.5 (ii) of G.O.Rt.No.550, dated 30.07.2001, the petitioners in these Writ Petitions are alleging failure on the part of the respondents in adhering to the same.

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