THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION No.30775 of 2014
Dated:05.12.2014
Between:
Sk.Khadar Navaz, S/o Gouse Mohiddin and another.
….Petitioner And:
The State of A.P., reptd by its Principal Secretary, Health, Medical and Family Welfare (E.I) Department, Hyderabad and three others.
… Respondents Counsel for the petitioner: Sri V.Mallik Counsel for Respondent No.1: AGP for Health, Medical & Family Welfare (AP) Counsel for Respondent No.2: Sri A.Prabhakar Rao Counsel for Respondent No.3: Sri B.Parameswara Rao The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in not implementing women reservation under B.C-E category in the Special Counselling held on 30.09.2014, as illegal and arbitrary.
In the affidavit, the petitioners averred that petitioner No.2 appeared for EAMCET-2014 and has secured a State rank of 23,926, 384th rank in B.C-E category, to which she belongs, under Sri Venkateswara University Local Area and 237th rank under Women quota.
The grievance of the petitioners is that respondent No.2 has not been implementing the reservation for women. The petitioners relied upon G.O.Ms.No.136, Health, Medical and Family Welfare (E.I) Department, dated 30.04.2007, in support of their plea that women reservation needs to be implemented by every institution.
A counter-affidavit is filed on behalf of respondent No.2, wherein it is inter alia mentioned that as per order, dated 18.09.2014, of the Supreme Court in Writ Petition (Civil) No.469 of 2014, the candidates shall be given admission in the order of merit from the merit list and in accordance with the Rules and Regulations of the Medical Council of India and also the Regulations, dated 16.04.2010, framed by the Medical Council of India. It is further averred that in the counselling held on 30.09.2014 by respondent No.2- University, as many as 62 women candidates were given admission in respondent No.4-college, out of which 43 women belong to B.C-E category and that therefore, more than 33 1/3% of women candidates were given admission in respondent No.4-college.
At the hearing, Sri V.Mallik, learned counsel for the petitioner, relied upon Clause-4 of G.O.Ms.No.136, dated 30.04.2007, which reads as under:
“Reservation of seats for women:
33 1/3% of seats are guaranteed for women candidates in each category. This regulation of guarantee shall not be applicable if women candidates are selected on merit. In each category from 33 1/3% or more of the seats therein. When the number of women candidates falls short of this percentage, it shall be made up by replacing the last selected male candidate by women candidate in that category.”
Sri A.Prabhakar Rao, learned Standing Counsel for respondent No.2-University, stated that G.O.Ms.No.136, dated 30.04.2007, applies to Andhra Pradesh Unaided Non-minority Professional Institutions and that respondent No.4-college being an unaided minority institution, the said G.O. has no application. He has, however, submitted that even if the said clause is made applicable to respondent No.4, respondent No.2 has complied with the same in view of the fact that as per the said clause, horizontal reservation is provided in favour of women in each category. He has submitted that there are in all 100 seats in respondent No.4- college, out of which 62 women candidates have been selected and of them 43 belong to B.C-E category.
Even assuming that the above reproduced clause applies to the minority institutions as well, it is evident from the said clause that the University shall ensure that in each category among the various groups, 33 1/3% of women candidates are provided admission. Only in cases where the number of women candidates falls short of 33 1/3% in a particular category, the short fall shall be made up by replacing the last selected male candidates with women candidates in that category. Thus, the said clause in unequivocal terms has laid down horizontal reservation. The fact that 62 women candidates out of 100 seats were given admission and out of them 43 women candidates belong to B.C-E category clearly demonstrates that the requirement of 33 1/3% reservation for women in General and also in B.C-E category in particular has been followed in respect of respondent No.4-college.
For the above-mentioned reasons, I do not find any merit in the Writ Petition and the same is, accordingly, dismissed.
As a sequel, WPMP.No.38469 of 2014 is dismissed as infructuous.
JUSTICE C.V. NAGARJUNA REDDY 05th December 2014 DR