HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.17883 of 2014 Date: 30-06-2014 Between:
K. Sridhar Reddy and 2 others .. Petitioners AND The Convenor, Post Graduate Admissions Committee, Dr. NTR University of Health Sciences, Vijayawada, A.P. and 6 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.17883 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the respondents in not putting in place necessary verifications and mechanisms to verify the veracity of the service eligibility certificates and the self-declarations submitted by in- service candidates claiming in-service reservation quota as illegal and arbitrary and for a consequential direction to the respondents to allot PG Degree/Diploma seats pursuant to PGMET 2014-2015 to in-service candidates only after proper verification of their eligibility.
2. The case of the petitioner is that the petitioners, who are Government MBBS doctors working in their respective Primary Health Care Centre/Government Hospitals, intend to acquire Post Graduate Degree/Diploma and to become Specialist Doctors, they applied for PGMET 2014-15 conducted by the respondent University and being the Government Doctors, the petitioners are entitled to avail in-service reservation quota provided for admission into Post Graduate Degree/Diploma Courses. It is stated that in the PGMET 2014-15 prospects, it is has been specifically indicated at Clause 5.5.3 that as per G.O.Ms.No.279 HM & FW (E2) Dept., dated 09-07-2001 the in-service candidates who have acquired PG Degree/ Diploma before entering into Government service or after entering into Government Service shall not be considered for selection under in-service reservation quota in clinical subjects or in non-clinical subject for another Post Graduation Degree or Post Graduation Diploma. But, the apprehension of the petitioners is that the respondent University for malafide intentions would consider even those candidates who are ineligible to claim in-service reservation quota under in-service reservation quota, as such, the petitioners made a representation on 24-06-2014 to all the concerned authorities in respect of the said grievance, but no action has been taken. Aggrieved by the same, the present writ petition is filed.
3. Learned counsel for the petitioner submits that the very object of introducing reservation for in-service candidate is to give an opportunity for pursuing P.G. Degree/Diploma to such those in service candidates who have not acquired Post Graduate Degree or Diploma. He relied on proviso to Rule 3 (2) of the Rules, 1997, which says that in-service candidates, who have acquired PG Degree/Diploma before entry into Government service or after entry into Government Service, shall not be considered for selection under in-service reservation quota. He further stated that the respondents may violate the said proviso and grant admission to in-service candidates, who are already acquired P.G. Degree/Diploma.
4. Sri A. Prabhakara Rao, learned standing counsel for the respondents 1 and 2 stated on instructions that the respondents are undertaking the counselling process keeping in view G.O.Ms.No.279 HM & FW (E2) Department, dated 09-07-2001 and the counselling and admission process will be carried out after proper verification in accordance with the said G.O. by following the proviso provided in the G.O. However, such of the candidates who already possessed P.G. Degree/Diploma either before entry into Government service or after entry into Government service can be granted admission in open category without claiming any reservation as in-service candidate. In view of the undertaking given by the learned standing counsel for the respondents 1 and 2, the case of the petitioner is misconceived.
Accordingly, the writ petition is closed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 30-06-2014
Note: Issue C.C. today.
B.O./Ksn