IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8670 of 2008 Between: Dr. V. Ramakrishna, S/. V. Mallaiah, Area Hospital,Jagityal, Karimnagar District. ..... PETITIONER AND 1 Dr. N.T.R. University of Health Sciences, Vijayawada, Krishna District, Rep. by its Registrar. 2 The Vice Chancellor, Dr. N.T.R. University of Health Sciences, Vijayawada, Krishna District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more in the nature of Mandamus declaring the clause 5.10.3 of Prospectus for admission to P.G. Medical Degree and Diploma Courses for academic session for 2008-09 prohibiting the petitioner to undergo P.G. Course as in-Service candidate as being illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution and consequently hold that the petitioner is entitled for getting admission into P.G. Course for the academic year 2008-09 as in service candidate on the basis of his merit in the Entrance Test with all consequential benefits. Counsel for the Petitioner : Sri D.Bala Kishan Rao Counsel for the Respondents : Sri D.V. Nagarjuna Babu The Court made the following O R D E R: This is a writ petition instituted by a Civil Assistant Surgeon, who challenges clause 5.10.3 of the Prospectus for Admission to PG Medical Degree and Diploma Courses for the academic session 2008-09 issued by the 1st respondent – university. The writ petitioner has acquired PG Degree of MD (Anesthesia) course prior to his recruitment as a Civil Assistant Surgeon on 15th July 2000. The State Government, with a view to provide more opportunities to the in-service doctors to acquire PG Diplomas or Degrees, which will have a telling effect on the improvement of their efficiency and quality of functioning, had provided for reservation to the extent of 30% in clinical subjects and to the extent of 50% in non-clinical subjects. As it is, Post Graduate Diploma and Degree seats, which are available in various medical institutions in the State, are very few and far between, but however, such a high number of seats have been set apart so that ultimately, the public medical and health delivery system will be improved upon as a result. The State Government had amended the Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997 and notified the amendment through its G.O.Ms.No.279 Health Medical & Family Welfare (E2) Department, dated 9th July 2001, incorporating the following proviso, which reads as under: “ Provided that such of those in-service candidates who acquired Post Graduation Degree or Diploma either before entry into Government service or after entry into Government service shall not be considered for selection under in-service reservation quota of 30% in clinical subjects or 50% in non- clinical subjects as the case may be for another Post Graduation Degree or Post Graduation Diploma as the case may be.” These rules are made in accordance with the power available to the Governor under Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983, Act No. 5 of 1983 and they are binding both on the 1st respondent - university as well as the students. Without any challenge being made to the same, the action of the 1st respondent - University in incorporating the same as part of their Prospectus cannot be found fault with. Hence, the writ petition stands dismissed, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 19th April 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}