M.N. Rao, J. - (1.) The petitioner appeared for the EMACET (Engineering, Medical and Agricultural Common Entrance Test) for the academic year 1990 heid in May, 1990. She obtained rank No. 11374. His father is a Commandant in the Border Security Force and he is now stationed in Assam. With 23 years of service in B.S.F., he proved himself to be an efficient and able officer; he was awarded Police Medal for conspicuous gallantry in 1971 during Indo-Pakistan War (Bangala Desh War). The petitioner belongs to a scheduled caste. Certain percentage of seats are reserved in favour of members of the scheduled castes besides other reserved categories including children of servicemen and ex-servicemen. The minimum percentage of marks in respect of candidates falling outside the ambit of scheduled castes and scheduled tribes is 30 per cent in the aggregate for qualifying in the entrance test. So far as candidates belonging to SCs and STs are concerned, Rule 5(9) says that: "there shall be no minimum qualifying marks in respect of candidates belonging to the Scheduled Castes and the Scheduled Tribes." The petitioner's case was considered for admission under the quota reserved for the members of scheduled castes but she could not secured admission as she did not come up to the required level. There were candidates in the order of preference belonging to scheduled castes who secured higher marks than her. Her claims under the other reserved category "children of servicemen and ex-servicemen" were not considered on the ground that she was not eligible to ' e considered under the said reserved quota since she failed to secure the qualifying marks-30 per cent in the aggregate-as laid down in Rule 5(9). Challenging the aforesaid action of the Selection Committee the present writ petition was filed.
(2.) The stand taken on behalf of the respondents-Registrar, A.P. University of Health Sciences and Convener, EMACET is that the petitioner's case was not considered under the quota reserved for children of servicemen and ex-servicemen as she did not secure the minimum qualifying marks 30 per cent in the aggregate. Among scheduled castes candidates she secured very low rank, far below the number of vacancies reserved for that category.
(3.) Shri Mahmood Ali, learned counsel for the petitioner contends that when the petitioner was eligible to seek admission as a member of the scheduled caste, her claims could not be excluded for consideration under the other reserved category- children of servicemen and ex-servicemen. Amongst the candidates belonging to scheduled castes there cannot be a further classification into those : (a) who secured 30 or more per cept of marks and (b) who secured less than 30 per cent of marks. When the rules lay down that members of the scheduled castes who secured less than 30 per cent of marks in the aggregate also fall within the ambit of qualified candidates, the respondents have no power to exclude the claims of the petitioner for consideration under the quota relating to children of servicemen and ex servicemen.;