THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.14204 of 2009 ORDER: The petitioner completed B.H.M.S. course and intended to pursue the Post Graduation studies. He belongs to Schedule Tribe. He appeared in the entrance examination conducted by the 1st respondent for the academic year 2009-10 and was placed at 41st rank. The Government framed Admission Rules for P.G. Medical courses in G.O.Ms.No.603 dated 28.12.2004. The Rules provide for reservation of 15%, 6% and 29% of the available seats in favour of candidates belonging to S.C., S.T., and B.C. respectively. The petitioner contends that though there are six seats in each course, the respondents did not provide for any reservation in favour of any Schedule Tribes. According to the petitioner, he would have been selected, had there been reservation in favour of S.T. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is a matter of record that the reservation to the extent indicated above is provided for under the Admission Rules. Rule 3(iii) of the Admission Rules directs that the reservation in favour of S.C., S.T., and B.C. shall be followed for every course, where number of seats is four or more. There are three Post Graduate Homeo courses with six seats each. By pleading that the 6% reservation would lead only to a fraction of seat, the respondents did not provide for reservation in faovur of S.Ts. However, instances are not lacking where reservations in such cases is provided at least in alternate years. Another way of looking at the matter is that if all the three courses are treated as a unit, one seat in each year can be reserved in favour of S.Ts. on rotation basis. On the ground that the implementation of reservation would lead to only a fraction of seat, the respondents cannot avoid their obligation under the Admission Rules. Inasmuch as the admissions have been concluded for this academic year, no relief can be granted at present. However, the respondents can be required to implement the reservation in favour of Schedule Tribe candidates at least on rotation basis from the next academic year. Therefore, the writ petition is disposed of directing that the respondents shall implement the rule of reservation in favour of S.Ts. in P.G. courses from the next academic year onwards at least on rotation basis. There shall be no order as to costs. __________ 05.12.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.14204 of 2009 Date: 05.12.2009 JSU