Andhra Pradesh High Court - Amravati
Dunna Kalyani vs The State Of Andhra Pradesh on 29 August, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
1
HCJ & RRR,J
W.P.No.19115 of 2024
APHC010379312024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3446]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 19115/2024
Between:
Dunna Kalyani ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. BABUJI TENNETI
Counsel for the Respondent(S):
1. GP FOR MED HEALTH AND FAMILY WELFARE
Court made the following order:
(per Hon'ble Sri Justice R.Raghunandan Rao)
Heard Sri Babuji Tenneti, learned counsel appearing for the
petitioner and Sri Guttpalem Vijaya Kumar, learned Standing Counsel
for NTR Health University.
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2. The petitioner had pursued her school education from
Class-1 to Class-8 in the State of Andhra Pradesh. She pursued Class-9
and Class-10 in Army Public School, Jalandhar. Thereafter, she had
pursued her Intermediate education in Visakhapatnam.
3. The petitioner appeared for the UG NEET Examination-2024
and sought admission into MBBS and BDS courses under Competent
Authority (Convenor) Quota for the academic year 2024-25 claiming
admission in the 85% State Quota under the relevant Regulation of the
notification for such admissions. However, the petitioner was unable to
obtain local candidate status and completed her registration in the
NEET portal under the category of Non-Local-APNL with AP Domicile.
4. The petitioner being aggrieved by the refusal of the
respondent authorities, in treating her as a local candidate, for the
purpose of admission, has filed the present writ petition.
5. The petitioner contends that she would have to be treated as
a local candidate, as per the conditions in the notification, which are a
replica of the Presidential Order, 1974. The petitioner has relied upon
the judgment of the Hon'ble Supreme Court of India, reported in
Meenakshi Malik vs. University of Delhi and Ors.,1, and certain
judgments of the Hon'ble High Court of Judicature at Bombay, to
contend that her period of study in Punjab, on account of her father's
(1989) 3 SCC 112
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employment as a soldier in the Indian Army, should be treated as local
study and that she should be treated as a local candidate. These
judgments would not be applicable to the facts of this case, as the
presidential order, 1974 was not available to the authorities in those
cases.
6. In view of certain peculiar developments in the erstwhile
State of Andhra Pradesh, Article 371-D of the Constitution of India was
introduced in 1974, to provide for equitable opportunities and facilities
for the people belonging to different parts of the State. For this purpose
the President of India was empowered to take necessary steps, by order,
for such equitable distribution of opportunities, in the matters of
employment and education. In exercise of this power, conferred on the
President of India, the Andhra Pradesh Educational Institutions
(Regulation of Admissions) Order, 1974, generally known as the
Presidential Order, 1974, was issued. Under this order, the State was
divided into various local areas and 85% of the seats in Educational
Institutions and Public Employment at certain levels were reserved for
local candidates of the said local areas. The order also specified the
conditions under which a person would be declared to be a local
candidate in a local area. Paragraph 4 of the Presidential Order, which
reads as follows, set out these conditions:
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―4. Local Candidates:- 1) A candidate for admission to
any course of study shall be regarded as a local
candidate in relation to a local area -
(a) If he has studied in an educational institution or
educational institutions in such local area for a
period of not less than four consecutive academic
years ending with the academic year in which he
appeared or, as the case may be, first appeared in
the relevant qualifying examination, or
(b) Where, during the whole or any part of the four
consecutive academic years ending with the
academic year in which he appeared or, as the
case may be, first appeared for the relevant
qualifying examination he has not studied in any
educational institution, if he has resided in thaqt
local area for a period of not less than four years
immediately preceding the date of commencement
of the relevant qualifying examination in which he
appeared or, as the case may be, first appeared.
2) A candidate for admission to any course of study
who is not regarded as a local candidate under sub-
paragraph (1) in relation to any local area shall .--
a) if he has studied in educational institutions in the State
for a period of not less than seven consecutive academic
years ending with the academic year in which he
appeared or, as the case may be, first appeared for the
relevant qualifying examination, be regarded as a local
candidate in relation to (i) such local area where he has
studied for the maximum period out of the said period of
seven years; or (ii) where the periods of his study in two
or more local areas are equal, such local area where he
has studied last in such equal periods; or
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b) if, during the whole or any part of the seven consecutive
academic years ending with the academic year in which
he appeared or, as the case may be, first appeared for
the relevant qualifying examination, he has not studied
in the educational institution in any local area, but has
resided in the State during the whole of the said period
of seven years, be regarded as a local candidate in
relation to - (i) such local area where he has resided for
the maximum period out of the said period of seven
years, or (ii) where the periods of his residence in two or
more local areas are equal such local area he has resided
last in such equal periods.
Explanation - For the purposes of this paragraph, -
(i) ―educational institution‖ means a University or
any educational institution recognized by
the State Government, a University or other
competent authority;
(ii) ―relevant qualifying examination‖, in relation
to admission to any course of study, means
the examination, a pass in which the
minimum educational qualification for
admission to such course of study;
(iii) In reckoning the consecutive academic years
during which a candidate has studied, -
a) Any period of interruption of his tudy by
reason of his failure to pass any examination;
and
b) Any period of his study in a Statewide
University or a Statewide educational
institution,
shall be disregarded.
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iv) The question whether any candidate for
admission to any course of study has resided
in any local area shall be determined with
reference to the places where the candidate
actually resided and not with reference to the
residence of his parent or other guardian.
7. It is clear that the petitioner herein does not fall within the
parameters of paragraph 4(1). It appears that the petitioner is
contending that she should be treated as a local candidate in terms of
Paragraph-4 (2) of the Presidential Order, 1974.
8. Paragraph-4(2)(a) would apply to a candidate, who has
studied for seven consecutive academic years before the relevant
qualifying examination. In the present case, the petitioner has a break
of study and would not qualify under Paragraph-4(2)(a).
9. Paragraph 4(2)(b) would apply to the persons, who have not
studied in educational institutions in any local area who resided in the
said area before the said period. This clause, was interpreted by a
Division Bench of the erstwhile High Court of Andhra Pradesh in the
case of The Tahsildar, Hyderabad Urban Taluk, Hyderabad and Anr., vs.
T. Venkata Reddy2. In this judgment, the Division Bench took the view
that Paragraph-4(2)(b) would be available to the candidates whose
parents were residents of the area. This was an additional benefit given
under the said judgment.
AIR 1976 AP 408
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10. Subsequently, a Full Bench of the erstwhile High Court of
Andhra Pradesh considered the same provision in the case of Bathina
Rajya Shilpa and etc. vs. NTR University of Health Sciences, Vijayawada
and Ors.,3. The Full Bench, in paragraph 45 of the said judgment, held
that a candidate can be treated as a local candidate under Paragraph-
4(2), in the following manner.
―45. However, a candidate who is not regarded as local a
candidate under para 4(1) can be treated as a local
candidate under sub-paragraph (2) if he/she fulfils
either Clause (a) or Clause or Clause (b). Again clause
(b) is applicable only to candidates who have not studied
in educational institutions but have resided in the State
for a period of not less than seven consecutive academic
years immediately preceding the date of commencement
of the relevant qualifying examination in which he or he
appeared or first appeared. Since the petitioner has
studied in educational institutions, she doesn't come
under that clause.‖
11. In the present case, the petitioner has pursued her studies
in the State of Andhra Pradesh, for a part of the relevant period, and as
such, would not be eligible to be considered as a local candidate under
Paragraph-4(2) of the Presidential Order, 1974.
AIR 2002 AP 115 = 2001 SCC Online AP 1010
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12. In the circumstances, this writ petition is dismissed. There
shall be no order as to costs. As a sequel, pending miscellaneous
petitions, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
JS.
HCJ & RRR,J
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
(per Hon'ble Sri Justice R.Raghunandan Rao)
29th August, 2024
JS
