- (1.) These three appeals, in which the State of Andhra Pradesh is the first appellant, by special leave, are directed against the judgment and order dated May 13, 1971 of the Andhra Pradesh High Court, in a batch of writ petitions, striking down Rule 9, in the Rules relating to the selection of candidates for admission to the Integrated M. B. B. S. Course in the Government Medical Colleges in the Andhra area, issued under G. O. No. 1648/Health dated July 23, 1970 as also G. O. No. 1793/Education dated September 23, 1970, regarding reservation of seats in professional colleges, for Backward Classes together with the annexure to the said notification containing the list of Socially and Educationally Backward Classes. The Addl. Director of Medical and Health Services, Hyderabad and Principal, Government Medical College, Guntur, are also appellants Nos. 2 and 3 respectively in the appeals.
(2.) The Government of Andhra Pradesh by G. O. No. 1648/Health dated July 23, 1970 announced Rules for the selection and admission of students to the Integrated M.B.B.S. Course in the Government Medical Colleges, in the Andhra area. The rules provided a pattern of allotment of seats by reference to certain qualifying examinations. The candidates eligible for admission to the Integrated M. B. B. S. Course, being largely taken from the students who had passed the qualifying examination for the Pre-University Course and those who had passed the Higher Secondary Course (Multipurpose), the rules provided for a pattern of earmarking seats for the students according to the qualifying examination taken by them. It may be mentioned at this stage that the H. S. C. Course (Multipurpose) students are called Multipurpose candidates since they pass their examinations from Multipurpose Schools.
(3.) Rule 8 dealt with the pattern of allotment of seats in respect of qualifying examination, Rule 9 outlined the procedure for selection. Rule 10 provided that all the reservations would be subject to the order of merit of marks obtained in the entrance test by the students in the relevant category of reservation, namely, P. U. C. and H. S. C. Rule 2 provided that the selections made under the Rules will be subject to any rules or orders that may be made in regard to the reservation of seats for Socially and Educationally Backward Classes of students, having regard to the recommendations made by the Andhra Pradesh Backward Classes Commission. But there was a condition that such Rules or orders should have been made by the Government before the finalisation and communication of the selection of candidates.;