G NAGASAINA RAO Vs. GOVERNMENT OF ANDHRA PRADESH
LAWS(APH)-1992-4-46
HIGH COURT OF ANDHRA PRADESH
Decided on April 08,1992

G.NAGASAINA RAO Appellant
VERSUS
GOVT.OF A.P. Respondents


Referred Judgements :-

DR. FAZAL CHAFOOR VS. THE PRINCIPAL,OSMANIA MEDICAL COLLEGE,HYDERABAD. [REFERRED TO]
JAGADISH SARAN VS. UNION OF INDIA [REFERRED TO]
FAZAL GHAFOOR VS. UNION OF INDIA [REFERRED TO]
K ASHOK KUMAR VS. UNIVERSITY OF HEALTH SEIENCES [REFERRED TO]
C SUBRAHMANYAM VS. REGISTRAR UNIVERSITY OF HEALTH SCIENCES [REFERRED TO]



Cited Judgements :-

B SUDHAKAR VS. UNION OF INDIA [LAWS(APH)-1994-7-25] [REFERRED TO]


JUDGEMENT

S.Parvatha Rao, J. - (1.)The petitioner in this Writ Petition seeks a Writ especially one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent i.e., the University of Health Sciences, Andhra Pradesh, in declining a seat in the Super Specialities Course (2nd P.G.) i.e., M.Ch. (Cardio Thoracic Surgery) for the year 1991-92 to the petitioner and giving admission to the 3rd respondent herein who secured only 9th rank in the entrance examination as against the 2nd rank obtained by the petitioner is illegal, arbitrary and discriminatory and is therefore violative of Articles 14 and 16 of the Constitution of India, etc.
(2.)The petitioner states that pursuant to a notification issued by the 2nd respondent which was published in the 'Eenadu' daily, calling for applications to the course of Super Speciality in M.Ch. (Cardio Thoracic Surgery) for the year 1991-92, he applied and appeared for the entrance test. The petitioner obtained second rank and the 3rd respondent herein obtained 9th rank.
(3.)As per Rule 2 of the Rules for admission to Super Speciality (Second P.G.) Courses in the Medical Colleges of Andhra Pradesh for the year 1991-92 (hereinafter referred to as 'the Rules') the number of seats available in M.Ch. (Cardio Thoracic surgery) are one in the Osmania Medical College at Hyderabad and one in the Gandhi Medical College at Hyderabad. Rule 7 deals with method of selection and sub-rule (5) of Rule 7 provides as follows:-
"On the dates notified, the candidates according to merit shall be called by the Selection Committee and ask them to opt the centre at his/her choice subject to availability. The Selection Committee shall issue selection order immediately. The selection will be only from among the candidates who physically present themselves when their Roll Numbers are called out, in order of merit."
In accordance with the said sub-rule (5) of Rule 7 the candidate who obtained the first rank was given the seat in M.Ch. (Cardio Thoracic Surgery) in Osmania Medical College, Hyderabad and the petitioner does not dispute the same. The petitionerdisputes the second seat in M.Ch. (Cardio Thoracic Surgery) available in the Gandhi Medical College at Hyderabad being given to the 3rd respondent who obtained the 9th rank.
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