ROMINI SUSAN KURIAN Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1992-3-83
HIGH COURT OF ANDHRA PRADESH
Decided on March 12,1992

ROMINI SUSAN KURIAN Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

STATE OF JAMMU AND KASHMIR V. T.N. KHOSA [REFERRED TO]
MOHAMMAD SHUJAT ALI SUNKARA RATTAIAH V MARKANDEYA M NAGENDER RAO VS. UNION OF INDIA [REFERRED TO]
A SIYER OTHERS VS. V BALASUBRAMANYAM [REFERRED TO]



Cited Judgements :-

G SUMATHI VS. DIRECTOR OF MEDICAL EDUCATION MADRAS [LAWS(MAD)-1993-3-19] [REFERRED TO]
R VINOTH KUMAR VS. SECRETARY SELECTION COMMITTEE SABARMATHI HOSTEL KILPAUK MEDICAL COLLEGE MADRAS [LAWS(MAD)-1995-2-82] [REFERRED TO]
MIDHUNA NATHAN AND VS. STATE OF TAMIL NADU [LAWS(MAD)-1995-9-11] [REFERRED TO]
STATE OF TAMIL NADU VS. G SUMATHI AND [LAWS(MAD)-1998-10-44] [REFERRED TO]
B Harsha VS. Registrar Anna University [LAWS(MAD)-2003-12-6] [REFERRED TO]
N ZAHIR HUSSAIN VS. STATE OF TAMIL NADU [LAWS(MAD)-2006-2-277] [REFERRED TO]
C RAJANIDHAR VS. GOVERNMENT OF INDIA [LAWS(APH)-2002-8-54] [REFERRED TO]
A SAINULABDIN VS. STATE OF KERALA [LAWS(KER)-1995-9-3] [REFERRED TO]
VANDANA VS. STATE OF KERALA [LAWS(KER)-1996-3-40] [REFERRED TO]
S ARULSELVAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2006-2-171] [REFERRED TO]
HRITIKA MITRA VS. RAVENSHAW UNIVERSITY, CUTTACK [LAWS(ORI)-2021-6-31] [REFERRED TO]


JUDGEMENT

A. Lakshmana Rao, J. - (1.)The petitioner appeared for the Common Entrance Test for admission to Medical College for the year 1991-92. The common Entrance Test is known as EAMCET-91. Her roll number was 16633. She secured rank No. 6715 in the Entrance Test. The parents of the petitioner are medical officers working in Army Medical Corps. The father of the petitioner is working at present as Senior Advisor, Cardiology at Command Hospital, Northern Command in the State of Jammu and Kashmir. His wife Mrs. S. Kurian is working at Military Hospital, Secunderabad. The father holds the rank of Colonel whereas the mother holds the rank of Lieutenant Colonel. The father of the petitioner was awarded Vishist Seva Medal (VSM) by the President of India for meritorious service of exceptional order for treating civil and military persons in Nagaland during 1966 to 1969. The prospectus issued by the University of Health Sciences for admission into first year M.B.B.S. course for the academic year 1991-92 provides that 4% of the seats shall be reserved for the children of Ex-servicemen and Servicemen belonging to the State of Andhra Pradesh, including those serving in other States and persons who are posted and stationed in the State of Andhra Pradesh on the date of submission of application. The order of preference is as follows:-- (a) Children of Ex-servicemen, Armed personnel and BSF or CRPF or Civil Defence Persons killed in action. (b) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel disabled in action and who are in receipt of disability pension. (c) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel who are in receipt of Gallantry Awards. Merit order of Gallantry Awards: 1. Param Vir Chakra 2. Ashok Chakra 3. Mahavir Chakra 4. Kirti Chakra 5. Vir Chakra 6. Shaurya Chakra 7. Sena, Nausena, Vayu Sena Medals 8. Mention in Despatches. Merit order of Gallantry Awards for BSF and CRPF personnel shall be as per rules in force. (d) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel who have put in 18 years and more of qualified service. (e) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel who have put in less than 18 years of qualified service. NOTE: Candidates who do not come under any of the categories (a) to (e) under this category shall not be eligible for consideration under this quota. (III) If there is more than one candidate in a particular group in the order of preference indicated above, the selection shall be based on Rank at EAMCET-91. (IV) Candidates seeking admission under this category should submit documentary evidence in support of their claim from competent Defence Authority.
(2.)The father of the petitioner submitted a representation dated 17-8-1991 to the Director, Sainik Welfare, Hyderabad requesting that the Vishisht Seva Medal shall be included in the list of Gallantry Awards mentioned in the prospectus. The Director, Sainik Welfare in turn addressed a letter dated 17-8-1991 to the Principal Secretary to Government of Andhra Pradesh requesting to issue necessary insfructions to the Health University for inclusion of Vishisht Seva Medal in the list of Gallantry Awards mentioned in the prospectus for admission into first year M.B.B.S. course. On the very same day, the Director has written another letter to the Deputy Secretary to Government of Andhra Pradesh, Medical & Health Department stating that as per Appendix 'C' to Army Order 59/79, Vishisht Seva Medal was listed as distinguished service-devotion to duty award and did not fall under the category of Gallantry Awards enumerated in Appendix-3 to that Army Order. Therefore, he requested that his earlier letter for inclusion of Vishisht Seva Medal in the list of Gallantry Awards shall be treated as cancelled. At this stage, this writ petition has been filed seeking appropriate writ directing the University of Health Sciences to include Vishisht Seva Medal as item 7(a) in paragraph E(i)(c) of the prospectus issued for admission into medical colleges in the State.
(3.)The State Government framed rules of admission into first year M.B.B.S. course in G.O.Ms. No. 62, Education (Rules) Department, dated 10-2-1989 in exercise of the powers conferred by Section 3 read with S. 15 of the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983. Rule 9(4) of the A.P. Professional Educational Institutions (Regulation of Admissions into Undergraduate Professional Courses through Common Entrance Test) Rules, 1989, framed under the above Act, provides that 4% of the seats shall be reserved for the children of Ex-servicemen and Defence personnel including the children of Border Security Force and the Central Reserve Police Force residing in Andhra Pradesh. The Rules do not provide any order of preference for selection of the children of the Ex-servicemen. However, the State Government issued G.O.Ms. 256, Education (E.C.) Department, dated 6-10-1990 containing instructions for admission into private Engineering Colleges of the candidates belonging to reserved categories. It provides that admission shall be made from among the eligible candidates qualified at EAMCET in the order of preference mentioned therein, which is identically the same as mentioned in the prospectus issued by the University of Health Sciences referred to above. The University did not consider the claim of the petitioner that she shall be treated as the child of a Gallanntry Award winner under category (c) relating to children of Ex-servicemen and Service personnel who are Sri receipt of Gallantry Awards. Having been aggrieved by the action of the University, this writ petition has been filed.
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