S. B. Sinha, J. - (1.) Whether the Government of Andhra Pradesh while framing A.P. Educational Institutions (Regulation of Admissions) Order, 1974 made in terms of Article 371-D of the Constitution of India was bound to provide reservation for 15% of non-local seats, although reservations in terms of its policy decision had been taken in respect of seats available for local candidates, is the question involved in these appeals which arise out of a judgment and order dated 29-3-2000 of the Full Bench of the Andhra Pradesh High Court.
(2.) The first respondent herein is said to be a member of Scheduled Caste. He questioned the validity of policy decision of the State of Andhra Pradesh as regards non-reservation for Scheduled Castes, Scheduled Tribes and Backward Classes by filing a writ petition in the High Court.
(3.) A learned single Judge of the Andhra Pradesh High Court by a judgment and order dated 27-10-1998 directed the appellant herein to reserve seats for the reserved category for 15% open seats also. A review application filed by the appellant herein before the learned single Judge was dismissed. Thereafter, the appellant preferred a letters patent appeal before the Division Bench questioning the said order of the learned single Judge. The Division Bench, however, noticing conflict in some decisions on the question referred the matter to a Full Bench on the following question : "Whether the reservations in terms of Article 15(4) of the Constitution of India in favour of Scheduled Castes, Scheduled Tribes and Backward Classes could be provided even in respect of 15% of the unreserved seats under the Presidential Order, 1974." ;