IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT APPEAL NO : 1710 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/09/2004 in WP NO : 13521 OF 2004 on the file of the High Court.) Between: D.Balamurali, s/o R.Doraswamy, Student, r/o 13-5-631/5F, Tata Nagar, Tirupathi, presently residing at H.No.13-6-600/44/12/A, Peddakapu Layout, Tirupathi, Chittoor District. ..... APPELLANT AND 1. N.T.R.University of Health Sciences, Vijayawada, Krishna District rep., by Registrar. 2 The Commissioner for Social Welfare, Govt. of Andhra Pradesh, Masab Tank, Hyderabad. (The respondent No.2 herein has been impleaded by order passed in WPMP No.18904/04 dt.20-08-04) .....RESPONDENTS For the Appellant: MR.RAMACHANDAR RAO VEMUGANTI, Advocate. For Respondent No. 1: Smt. Y. Padmavathi, Standing Counsel. For Respondent No.2: GP FOR SOCIAL WELFARE. The Court made the following: JUDGMENT: (per Sri B. Sudershan Reddy, J) The appellant herein having appeared for Engineering, Agricultural and Medical Common Entrance Test, 2004 (EAMCET-2004) obtained rank 2535. In response to the notification issued by the respondent – Health University, he submitted an application claiming admission into I Year M.B.B.S in one of the seats reserved for BC-D category. He belongs to Yadav (Golla) caste. The University with the assistance of the Officers of the Government having verified the application of the appellant and as well as the certificates produced by him found that the appellant herein is a migrant child from neighbouring State of Karnataka and therefore, not eligible for reservation under B.C quota in Andhra Pradesh. The University relied upon the Memo dated 09-05-1991 issued by the Government of Andhra Pradesh which is to the following effect: “The matter has been examined at length with reference to the Court cases, guidelines of Government of India in respect of Scheduled Castes, Scheduled Tribes and other relevant material. It has been decided that it is not desirable to extend the benefit of reservation to the children of migrants by virtue of appointment etc., claiming under Backward Class quota even though the particular caste existed in the list of Backward Classes of both the States i.e., state of origin and state of migration, as otherwise the actual members of Backward Classes of this state will be deprived of their legitimate right of getting a seat in the Educational Institutions of this State. The Commissioner of Backward Classes Welfare is requested to take action accordingly under intimation to Government”. The appellant’s father is working in Southern Railways in the State of Karnataka. The appellant himself is residing in Bangalore along with his parents. He claims to have born in Chittoor on 25-06-1984 at the residence of his maternal grandfather, who after retirement in the Police Department of Andhra Pradesh settled down in Chittoor District. There is no dispute whatsoever that the appellant prosecuted his studies from L.K.G to X Class in a particular school at Tirupati. That he studied two years Intermediate during the academic year 1999-2001 at Vikas Junior College, Tirupathi. There is also no dispute that the Mandal Revenue Officer, Tirupathi (Urban) issued a permanent community certificate dated 28-06-2003 certifying that the appellant belongs to Yadava caste which is mentioned at serial No. 33 under BC-D category. That during the course of verification of the application and as well as the permanent community certificate supplied by the appellant herein along with his application form, it was found that the appellant is in possession of the community certificates issued by the authorities of the State of Karnataka as well as the Mandal Revenue Officer, Tirupathi. It is on the strength of those certificates made available by the appellant himself, the authorities concluded that the appellant is a migrant child from the neighbouring State of Karnataka and therefore, not entitled for the benefit of social reservation provided in favour of the Backward Classes in the State of Andhra Pradesh. The learned single Judge after an elaborate consideration of the matter found that the University’s decision in rejecting the claim of the appellant for admission into I Year M.B.B.S Course under BC-D category does not suffer from any legal infirmities since the said decision of the University is based on the Memo dated 09-05-1991 referred to hereinabove. In this appeal, learned counsel for the appellant, Sri Ramchander Rao strenuously contended that the petitioner for all practical purposes is a local candidate and in fact, has been treated as such even by the University and therefore, entitled for a seat in the I Year M.B.B.S under BC-D category. It was contended that the permanent community certificate issued by the Mandal Revenue Officer, Tirupathi is conclusive in its nature and no dispute as regards the social status of the appellant can be allowed to be raised by any other authority as long as the permanent community certificate issued by the competent authority remains in force. Dr. Y. Padmavathi, learned Standing Counsel for the University contended that the question whether the appellant herein is a local candidate or not has no bearing upon the question as to his entitlement for securing a seat in I Year M.B.B.S under BC-D category. Learned Standing Counsel contends that no body prevented the appellant herein from competing a seat in the open category. The question whether a candidate is a local candidate or not has no relevancy whatsoever for considering his case for providing a seat under the reserved category. Relying upon the Government Memo, learned Standing Counsel contended that the object of the memo is to ensure that the candidates belonging to the reserved segments in the State are to be provided with seats and not the migrant children though they may also belong to the same social status. The object is to ensure that the local candidates belonging to the Backward Classes should be preferred in comparison to the migrants and their children. We find substantial force in the submission made by the learned Standing Counsel for the University. The Memo issued by the Government is clear in its terms which inter alia provides that the actual members of backward classes of this State may be deprived of their legitimate right of getting seats in the educational institutions of the State, if the benefit of reservation to the children of migrants by virtue of appointment are to be allowed admission under the backward class quota even though that particular caste may exist in the list of backward classes in both the States ie., the state of origin and the stage of migration. In the instant case, the appellant himself produced both the certificates, namely one issued by the Mandal Revenue Officer, Tirupathi (Urban) certifying the appellant to be a candidate belonging to Yadava community and as well as another certificate issued by the authorities of the Karnataka Government certifying that his parents belong to Yadava community. The fact that the appellant is residing at Bangalore along with his parents and is migrant from the State of Karnataka is not in dispute. In such view of the matter, there was no option left to the University but to follow the memorandum issued by the Government which is in the nature of policy decision. The constitutional validity of the memo is not put in issue. Be it as it may, that another major obstacle in the way of the appellant is that the admissions have been completed as early as in September, 2004 and no seat remains unfilled. It is impossible at this stage to direct the University to provide a seat to the appellant in I Year M.B.B.S and any such direction may amount to interfering with the admissions which are already completed. There has been no direction issued by this Court either during the pendency of the writ petition or the writ appeal to reserve any particular seat unfilled in this particular category meant to be filled in by the candidates belonging to B.C-D category. Viewed from any angle, we find no substance in this writ appeal requiring our interference. The Writ Appeal fails and shall accordingly stand dismissed. (B. Sudershan Reddy, J) 03-02-2005 (C.V. Ramulu, J) ks To 1. Registrar, N.T.R.University of Health Sciences, Vijayawada, Krishna District. 2 The Commissioner for Social Welfare, Govt. of Andhra Pradesh, Masab Tank, Hyderabad. 3 Two CCs to the Government Pleader for Social Welfare, High Court of Andhra Pradesh, Hyderabad (OUT). 4 Two CD copies.