Andhra Pradesh High Court - Amravati
Pogiri Charishma vs Union Of India on 13 August, 2024
APHC010349792024
IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-11
[3483]
AT AMARAVATI
WRIT PETITION No.17799 of 2024
Pogiri Charishma and others ...Petitioners
Vs.
Union of India and others ...Respondents
**********
Mr. Tagore Yadav Yaragorla, Advocate for Petitioners.
Mr. Pasala Ponna Rao, Mr. Vivek Chandrasekhar S, Smt. S. Pranathi (Special Government Pleader), Mr. G. Vijaya Kumar, Advocate(s) for Respondent(s) CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 13th August, 2024 PC:
The petitioners challenge the Government Order bearing G.O.Ms.No.94, dated 06.08.2024, issued by the Government of Andhra Pradesh.
The said G.O was issued on a clarification which was sought by the Registrar of Dr. N.T.R University of Health Sciences with regard to the implementation of Economically Weaker Sections [EWS] quota in Medical and Dental admissions in certain Medical and Dental Colleges where no additional seats were sanctioned to implement the EWS quota.2
HCJ & RC,J WP_17799_2024 The basis of providing the EWS quota lies in the Office Memorandum, dated 17.01.2019, pursuant to the Constitution (One Hundred and Third Amendment) Act of 2019 which provided for reservation for the economically weaker sections who were not covered under the existing scheme of reservation of Schedules Castes and Scheduled Tribes.
According to the Office Memorandum, dated 17.01.2019, every central educational institution shall, with the prior approval of the appropriate authority, increase the number of seats over and above its annual permitted strength in each branch of study or faculty so that the number of seats available, excluding those reserved for the persons belonging to EWSs was not less than the number of such seats available in each category, for the academic session immediately preceding the date of the coming into force of the said Office Memorandum.
The aforementioned Office Memorandum was followed in principle by the Government of Andhra Pradesh when they issued G.O.Ms.No.60, dated 27.07.2019, when they envisaged filling up of EWS quota of supernumerary seats in higher educational institutions in accordance with the 103rd Constitutional Amendment Act of 2019 and the Office Memorandum, dated 19.01.2019, issued by the Government of India.
It appears that most of the Government colleges and some of the private medical colleges managed to have an increase in their sanctioned strength of seats by following the relevant rules and regulations. The strength was increased by virtue of orders passed by the National Medical Commission [NMC]. It appears that some of the private medical colleges did not take steps to have their sanctioned strength increased through the NMC and it was in that regard that the Registrar of Dr. NTR University of Health Sciences sought clarification from the Government with regard to the filling up of the EWS quota.
3HCJ & RC,J WP_17799_2024 It appears that on 20.10.2023 the NMC issued a Public Notice, which reads as under:
"Government of India introduced 10% reservation to the Economically Weaker Section (EWS) of the society through the 103rd Constitutional Amendment. This is also applicable for Medical Education. In this regard, it has been observed that Medical Institutions are admitting additional students for MBBS course under Economical Weaker Section quota over and above the sanctioned seat.
All Institutions are required to admit the sanctioned number of students including EWS category within the permitted seat quota. No additional seat shall be permitted by the National Medical Commission.
This issues with the approval of Competent Authority."
The Government of Andhra Pradesh, treating the Public Notice as an indicator that there would no increase in the sanctioned strength of medical colleges, issued the impugned GO stating that the quota meant for EWS would be filled up from within the Convener Quota except in Minority Medical Colleges and Super Specialty courses.
Learned counsel for the petitioners vehemently urged that the Government Order impugned has the effect of taking away the rights of meritorious students for whom 50% seats have been earmarked to be filled up in all medical colleges and are categorized as the Convener Quota seats.
It was urged that the basis for issuing the G.O impugned keeping in view the Public Notice, dated 20.10.2023, issued by the NMC is totally misplaced and is rendered on a total misinterpretation of the spirit of the said Public Notice.
Learned counsel for the NMC, on the other hand, supported the view of learned counsel for the petitioners and would urge that it was never the intention of the NMC to refuse increase in the seat capacity to accommodate 4 HCJ & RC,J WP_17799_2024 the envisaged 10% EWS quota if the medical colleges so apply and if they otherwise fulfill the statutory conditions and had the requisite wherewithal warranting such an increase in the seat capacity.
It was stated that all that was meant by the NMC through the Public Notice was that the medical colleges could not, on their own, without a proper sanction from the NMC, proceed to fill up 10% EWS quota in view of the 103rd Constitutional amendment and that the quota could be filled up within the permitted sanctioned seat strength.
If that be so, then we have no doubt, prima facie, that the purport of issuing the G.O impugned appears to have been based upon a misinterpretation of the Public Notice, dated 20.10.2023, issued by the NMC.
Mr. Pasala Ponna Rao, learned Central Government Counsel, causes appearance on behalf of respondent Nos.1, 2 & 4.
Mr. Vivek Chandrasekhar S, learned Standing Counsel, causes appearance on behalf of respondent No.3.
Mrs. S. Pranathi, learned Special Government Pleader, causes appearance on behalf of respondent Nos.5 & 7.
Mr. G. Vijaya Kumar, learned Standing Counsel, causes appearance on behalf of respondent No.6.
As all the respondents are represented, issuance and service of formal notice on the respondents is waived.
Objections be filed.
List on 20.08.2024.
5HCJ & RC,J WP_17799_2024 In the meantime, operation of G.O.Ms.No.94, dated 06.08.2024, shall remain stayed.
DHIRAJ SINGH THAKUR, CJ RAVI CHEEMALAPATI, J Vjl