Local areas, candidates defined in Presidential Order

Justice Dipak Misra, writing the judgement on local area candidates in admission to super specialities in PG medical courses said, “The government of united AP issued the Circular in 1979. The Circular reiterates the definitions of ‘local area’ and ‘local candidates’ and simultaneously defines the manner of reservation of local candidates as stipulated in the Presidential Order. For 15 per cent of the seats which are kept unreserved, the state government relies on the power conferred on it making the unreserved seats subject to the control of the state government.”

The bench noted that the two state governments have clarified the position about the local candidates in respect of 15 per cent as provided in the Presidential Order.

It covers certain categories but the cavil does not relate to the same. In fact, on a keen scrutiny, it is demonstrable that it engulfs certain categories which takes within its umbrella such candidates who are working in the State of Andhra Pradesh in certain state government or Central government or other public undertakings.

In the absence of any challenge to the 1979 circular, there is no need to get into it. The bench said "The undivided state of Andhra Pradesh enjoys a special privilege granted to it under Article 371-D of the Constitution and the Presidential Order. Consequently, the writ petition as far as it pertains to the state of Andhra Pradesh and Telangana, is dismissed."

Entrance examinations are held for the eligible candidates from All Over India for seats in all the states. Yet the states like Andhra Pradesh, Telangana and Tamil Nadu, confine the eligibility only to the candidates having domicile in their respective states.

The fallout of the restriction is that candidates having the domicile in the said states can appear in other states' entrance examination without any restriction and compete with other candidates.

This the petitioners said creates a clear disparity, and further a state of inequality has been allowed to reign in the aforesaid three states.

It was urged in the writ petition that the restraint imposed by the aforesaid three states amounts to reservation in respect of the postgraduate level; and as far as the super-specialty courses are concerned, the question of reservation based on residence or institutional preference is totally impermissible, for merit cannot be compromised by making reservation on the consideration, like residential requirement, as that would be absolutely against the national interest and plays foul of equality clause engrafted in the Constitution.

There cannot be reservation of any kind in respect of postgraduate or super-speciality courses regard being had to the law laid down by many a judgement of this Court.