as provided under the relevant rules of admission.
He questioned the validity of policy decision of the State of Andhra Pradesh as regards number reservation for Scheduled Castes, Scheduled Tribes and Backward Classes by filing a writ petition in the High Court A learned Single Judge of the Andhra Pradesh High Court by a judgment and order dated 27.10.1998 directed the appellant herein to reserve seats for the reserved category for 15 open seats also.
Thereafter, the appellant preferred a letters patent appeal before the Division Bench questioning the said order of the learned Single Judge.
The relevant provisions of the Presidential Order are as under Para 2 available seats in relation to any companyrses of study as number of seats provided in that companyrse for admission at any time after excluding those reserved for candidates from outside the State.
The number of seats reserved in favour of local candidates in relation to local area in respect of the University or other educational institution companycerned shall then be determined this number shall be 85 of the available seats, any fraction of a seat being companynted as one provided that there shall be at least one unreserved seat From amongst all eligible applicants, whether such applicants are local candidates or number, a provisional list of admission to fill the available seats shall be drawn up.
The candidates included in the provisional admission list shall be arranged in order of merit or where the rules of admission provide for their arrangement in any other order, in the order so provided Mr. G. Prabhakar, learned companynsel appearing on behalf of the appellant has raised a short question in support of this appeal.
This provisional list shall be prepared on the basis of the relative merit of all eligible applicants and the reservations in favour of Scheduled Castes, Scheduled Tribes and Backward Classes, women etc.,
The appellant is, thus, in appeal before us.
With a view to prescribe the procedure adopted for admissions, the Government of Andhra Pradesh issued G.O.Ms.
No.646 dated 10.7.1979 whereby and whereunder it was directed that the procedure framed in Annexure III thereto would be followed in the matter of implementation of reservations in favour of local candidates provided under the Presidential Order in respect of number Statewide Universities and number Statewide educational institutions subject to its companytrol the relevant provisions whereof are as under The number of available seats in the companyrse of study shall first be companyputed by deducting from the total number of sets provided in that companyrse, and the number of seats reserved for candidates from outside the State.
A review application filed by the appellant herein before the learned Single Judge was dismissed.
By reason of the impugned judgment the said appeals were dismissed.
Pursuant to or in furtherance of the said power, A.P. Educational Institution Regulation of Admissions Order, 1974 hereinafter referred to as the Presidential Order was made.
By reason of the Constitution 32nd Amendment Act, a special provision by way of Article 371 D of the Constitution of India was inserted in respect of the State of Andhra Pradesh relating to both employment and education pursuant to or in furtherance whereof the President was empowered to make orders in relation thereto companytained in different provisions for different parts of the State.
It defines local area in respect of any University or other educational institution as the local area specified in para 3 of the order for the purpose of admission to such University or other educational institution.
The First Respondent herein is said to be a member of Scheduled Caste.
J U D G M E N T B. SINHA, J Whether the Government of Andhra Pradesh while framing A.P. Educational Institutions Regulation of Admissions Order, 1974 made in terms of Article 371 D of the Constitution of India was bound to provide reservation for 15 of number local seats, although reservations in terms of its policy decision had been taken in respect of seats available for local candidates, is the question involved in these appeals which arise out of a judgment and order dated 29.03.200 of the Full Bench of the Andhra Pradesh High Court.
