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6. The State of Tamil Nadu has also filed a counter affidavit, but we shall not refer to the same in praesenti. At the very outset, we would like to make it absolutely clear that when we reserved the matter, we had mentioned in our order that the controversy relating to the State of Tamil Nadu shall be taken up after the judgment is pronounced in respect of the States of Andhra Pradesh and Telangana.

7. We have heard Ms. Indu Malhotra and Mr. B.H. Marlapalle, learned senior counsel for the petitioners, Mr. Mukul Rohatgi, learned Attorney General for Union of India, Mr. H.P. Raval, learned senior counsel, along with Mr. S. Udaya Kumar Sagar, learned counsel for the State of Telangana, Mr. Guntur Prabhakar, learned counsel for the State of Andhra Pradesh and Mr. Gaurav Sharma, learned counsel for the Medical Council of India.

9. Mr. B.H. Marlapalle, learned senior counsel appearing for the impleaded petitioners would submit that Rule 9 of (1999) 7 SCC 120 (2013) 10 SCC 237 (2014) 11 SCC 456 (2003) 11 SCC 146 the Medical Council of India Postgraduate Medical Education Regulations, 2000, as amended on 21 st December, 2010, deals with the selection of post-graduate students by all the medical educational institutions all over the country and these Regulations are indubitably binding on all the universities in both the States and they cannot be allowed to violate the same. It is his further submission that the Presidential Order, issued under Article 371-D of the Constitution is primarily aimed at removing disparities between the three different regions of Andhra Pradesh, namely, Andhra, Rayalaseema and Telangana, as prevailing at the time of its formation of the State of Andhra Pradesh consequent upon the States Reorganization Act, 1956, in respect of employment and education and the term “education” as finds place in Clause 2(1)(a) of the Presidential Order, defines the term “available seats”, which means number of seats in a course for admission at any time after excluding those reserved for candidates from outside the State. Learned senior counsel has referred to Clause 3 of the Presidential Order and highlighted that whatever manner the interpretation is placed on those clauses, 15% has to be demarcated as non-local quota or available for the candidates who are not residents of the State. He has emphatically argued that clause 2(1)(a) of the 1979 circular, is only a clarifactory one and hence, it cannot convey that the candidates who have passed the examination from any State other than Andhra Pradesh/Telangana, do not fall in the category of candidates from outside the State. That apart, it is urged that in the name of clarification it cannot place an erroneous interpretation on the Presidential Order, for that will make the said Order unworkable, and also would cause violence to the language employed in the Presidential Order.

10. Mr. Marlapalle has referred to paragraph 11 of the 1979 circular to buttress his stand that the procedure of implementation of reservation is clear to the extent that 15% reservation will be meant for non-local candidates. He has given an example by stating that if there are 12 seats available for a particular super-specialty course in a university, the available seats will be arrived at by deducting the national quota, that may be 2 seats, and from the remaining 10 available seats, 85% will be earmarked for the local candidates and remaining 15% for those who are listed in Clause 2 of the Presidential Order would go to non-local quota. He has placed reliance on the prospectus issued for the academic year 2015-2016 by Dr. N.T.R. University of Health Sciences, Andhra Pradesh, especially on Clause 3.8 to 3.8.6. Learned senior counsel has also drawn inspiration from Rule 2(2) of the Rules for Admission to Post Graduate Courses in the Medical Colleges in the State of Andhra Pradesh, 1983. Learned senior counsel has criticized that the prospectus of the academic year 2015-2016 of the universities, namely, Dr. N.T.R. University of Health Sciences, Andhra Pradesh and Nizam’s Institute of Medical Sciences, which do not provide for All India quota and only provide for the “available seats” and, in that backdrop it is suggested that the Medical Council of India should issue appropriate directions under the approval of the Government of India to earmark national quota outside the State of Andhra Pradesh and Telangana in the super-specialty post-graduate medical courses; and for the current academic year, the Medical Council of India should be directed to consider to create additional seats for national quota in respect of these two States so that the Presidential Order is properly implemented.

23. Relying on the said passages, it is submitted by Mr. Marlapalle, learned senior counsel that the observations made in 1988, despite expiry of two decades and seven years, has not been taken note of by the authorities which indicates an apathetic attitude. Learned senior counsel would contend that the State of Andhra Pradesh by no stretch of imagination can be regarded as an educationally backward region compared to rest of the country. It is also contended by him that the Presidential Order was issued at a stage feeling the need of the State but the same is not the condition after passage of more than 40 years. In fact, submits Mr. Marlapalle, renouncing the merit criteria on the domicile basis especially in respect of post graduate and super speciality courses would tantamount to denouncing the concept of merit which has been enshrined commencing from Dr. Pradeep Jain (supra) to many a judgment rendered thereafter in respect of the medical education. The protective affirmation meant for the State of Andhra Pradesh by the Presidential Order issued in 1974 has to be interpreted in such a manner so that the 50% which has been demarcated should go to otherwise meritorious candidates who have taken All India Entrance Examination for super speciality courses. The concept of continuity of education, its progress and the rise in time, submits Mr. Marlapalle, requires this Court to give a broader interpretation to the 15% quota and not to be guided by the 1979 clarificatory circular which is otherwise indefensible in law.