ORDER
Motilal B. Naik, J.
1. In this writ petition, petitioner seeks an order declaring that clause 4 of the A.P. Educational Institutions (Regulation of Admissions) Order, 1974 insofar as it does not exclude the period of study by a candidate in a non-state wide educational institution for the purpose of reckoning consecutive years of study, as unconstitutional and contrary to Articles 14 and 371-D of the Constitution of India, and further seeks a declaration that the petitioner continues to be the local candidate of the Osmania University area and also a direction to the respondents to consider the case of the petitioner for admission into post-graduate medical course treating the petitioner as a local candidate of the Osmania University area.
2. Before we proceed to examine the implications involved in the writ petition, few facts which are necessary, are narrated as under:
According to the petitioner, her primary, high school and intermediate education was in the district of Karimnagar and she passed her intermediate in the year 1989. Petitioner states that she appeared for the entrance examination in the year 1990 for admission into MBBS course. According to her, her parents and grand parents are from Karimnagar district and she having studied upto intermediate in Karimnagar district, is a local candidate for Osmania University area. According to thepetitioner, for allotment of scats in the medical college, she was treated as a local candidate of Osmania University area and was allotted a seat in S.V. Medical College, Tinipati against unreserved quota scats of 15%. She stated that she completed the MBBS Course and also her internship from July, 1996 to December, 1997 at Kakatiya Medical College, Warangal on transfer,
3. While so, petitioner appeared for the entrance examination for the selection of candidates in post-graduate medical courses held on 13-3-1998 with hall-ticket No.8508 and secured 4Ist rank in the Osmania University area, Selections for admissions into P.G. Medical Courses were scheduled on 26-10-1998. According to the petitioner, though she is a local candidate of Osmania University area, on the ground that she completed her MBBS Course in S.V, University area, respondents 2 and 3 are treating her as a non-local candidate in the Osmania University area.
4. Petitioner submits that Article 371-D was inserted through an amendment in the Constitution with a view to protect the interests of the three regions in the State, viz., Telangana, Andhra and Rayalaseema areas, in the matters of admissions to educational institutions and employment in the State services, pursuant to which the Andhra Pradesh Educational Institutions (Regulations of Admissions) Order, 1974 popularly known as 'Presidential Order' was issued by the first respondent which was published in G.O. Ms. No.453, General Administration, dated 3-7-1974. The Presidential Order provides for reservation in non-State wide Universities and educational institutions vide paragraphs-5. Likewise, in paragraph-6 of the said Order provides reservations in State-wide-Universities and State-wide educational institutions. The local candidate is defined under paragraph-4 of the Presidential Order. According to her, a candidate admitted against 15% of the unreserved seats in any institution located otherthan the local area of such candidate, he/she cannot lose his/her original local status attached to him/her at the time of admission to the Course.
5. Petitioner claims that the admissions are made against the 85% of the scats arc on the basis of the locus of the candidates but admissions made to the remaining 15% seats are on a different basis. She further states that explanation to sub-clause (iii)(b) of paragraph-4 provides that in reckoning the consecutive academic years during which a candidate has studied in a State-wide University or institution, such period of study shall be disregarded. According to the petitioner, the period of her study in MBBS Course in S.V. Medical College, Tinipati cannot be a ground for the respondents 2 and 3 to deny her admission to Post-Graduation Medical Course in Osmania University area, which is her local area. According to the petitioner, the 2nd respondent-University, being a Statewide University and all the Medical Colleges in the State are affiliated to the said University, when admission is sought to Post-Graduatc Courses, as per Explanation (iii)(b) of paragraph-4 of the Presidential Order, the period of study in the State-wide University shall be disregarded and if her 4 1/2 years of MBBS Course studied by her in S.V. Medical College, Tirupati is disregarded, she is entitled to seek admission in P.G. Course in Medicine in Osmania University area as a local candidate. Petitioner, in this background, seeks a declaration from this Court to declare her as a local candidate of the Osmania University area for the purpose of admission into P.G. Medical Course and also seeks other reliefs as indicated above.
6. A detailed counter-affidavit has been filed on behalf of respondents 2 and 3, by the Registrar of the second respondent-University. In the counter, it is stated that by virtue of her study in the MBBS Course in S.V. Medical College, Tirupati, the petitioner has become a local candidate of S.V. University area for the purpose of admission into P.G. Medical Courses. It is stated that the requisitequalification for admission to P.G. Medical Course is MBBS and as the petitioner has completed her 4 and half years of study in MBBS Course in S.V. Medical College, Tirupati, regardless of her admission against 15% quota of the unreserved seats, she becomes a local candidate of S.V. University area. It is further stated in the counter that in the absence of declaration of S.V. Medical College, Tirupati as a state-wide institution by the Presidential Order, the period of study of MBBS Course undergone by the petitioner in S.V. Medical College, Tirupati, cannot be excluded. It is further stated in the counter that clause 2(f) of the Presidential Order defines 'State-wide University'. In the said order, A.P. Agricultural University and Jawaharlal Nehru Technological University (JNTU) were included as State-wide Universities initially. However, the second respondent-University which was established in the year 1986 is also included in the list of 'Statewide Universities' in terms of G.O. Ms. No. 17, SF (SPF.B) Department, dated 12-1-1988 basing upon the orders of the Ministry of Home Affairs, Government of India in GSR 1079(E) dated 12-9-1986. Subsequently, NIMS was also included in the list of State-wide Universities. It is further submitted that the Government of Andhra Pradesh through Act No.VI of 1986 has established the University of Health Sciences and with effect from such date as may be notified, the control and management of all the Medical Colleges, Teaching hospitals, Dental Colleges. Nursing Colleges, Nursing Schools, except colleges and institution of Indian Systems of Medicine, shall stand transferred to and vest in the University and shall function under its administrative control. According to the respondents, there are certain institutions like Siddhartha Medical College, Vijayawada which is declared as a Statewide institution vide G.O. Ms. No.653, dated 29-11-1988, and certain super speciality courses such as (1) M.Ch (Genito Urinary Surgery); (2) M.Ch (Neuro Surgery); M.Ch (Plastic Surgery), (3) D.M. (Cardiology) etc., are declared as State-wide courses. The following courses at Osmania Medical College,Hyderabad are also declared as State-wide courses :
(1) M.Ch. (Neuro Surgery)
(2) M.Ch. (Cardio Thoracic Surgery)
(3) D.M. (Cardiology); and
(4) D.M. (Neurology).
It is further stated in the counter that S.V. Medical College, Tirupati or any other Government Medical Colleges in the State are not declared as State-wide institutions by the Presidential Order and as such, the period of study of MBBS Course by the petitioner in S.V. Medical College cannot be excluded as prayed for by the petitioner and she is treated as local candidate of S.V. University region by virtue of her continuous study in S.V. Medical College for a period of 4-1/2 years. It is further stated in the counter that in P.G. Medical Entrance Examination held on 13-8-1998, the petitioner secured a rank of 41 and she is eligible to be considered in the seats available in the local area where she appeared for the entrance test (whether local or non-local) and under the Presidential Order no candidate can be treated as local candidate for two local areas simultaneously. Scats in M.D. (Obst. & Gyn.) of Osmania University region are over, under O.C. Category, by Rank No.38 and the petitioner is granted admission into D.G.O. course. Respondents have justified that there is no violation of the Presidential order or any rules made thereunder and therefore, prayed for the dismissal of the writ petition.
7. When the writ petition came up for hearing, we have sought the assistance of the learned Advocate-General of the State of Andhra Pradesh to enlighten and assist us on the implications involved in the writ petition. Accordingly, the learned Advocate-General has submitted his arguments on the issues involved herein.
8. On behalf of the petitioner, Sri L. Narasimha Reddy, learned Counsel has firstly submitted that the petitioner having studiedupto her intermediate course in Karimnagar District which is within the local jurisdiction of Osmania University area, with-out regard to her studying MBBS Course for 4-1/2 years in S.V. Medical College, Tirupati, shall be treated as a local candidate of Osmania University area for the purpose of her admission into P.G. Medical Course. Counsel secondly contended that for the purpose of deciding the locus of a candidate as provided under paragraph-4 of the Presidential Order, 1974, explanation (iii)(b) of paragraph-4 shall have to be taken into consideration which says that any period of the study of a candidate in a state-wide University or a State-wide educational institution shall be disregarded. Laying emphasis on this clause, learned Counsel contended that the second respondent-University being a State-wide University and the S.V. Medical College, Tirupati in which the petitioner completed her 4-1/2 years MBBS Course, is affiliated to the second respondent-University, the said 4-1/2 years period of study of the petitioner in MBBS Course in S.V. Medical College, Tirupati shall be disregarded and the petitioner be declared as a local candidate of Osmania University area for the purpose of her admission into P.G. Medical Course. Learned Counsel states that para 6 of the Presidential Order, 1974 provides for reservation in State-wide Universities and State-wide educational institutions and clause (1) to paragraph-6 provides that 85% of the available seats in every course of study provided by a State-wide University or a State-wide educational institution shall be reserved in favour of local candidates in relation to local areas specified. Counsel contended that in view of the above specific provision, the locus of a candidate has to be decided as per paragraph-4 and explanation (iii)(b) appended thereto of the Presidential Order and as such the petitioner cannot be treated as a local candidate of S.V. University area and has to be necessarily treated as a local candidate of Osmania University area for the purpose of admission into P.G. Medical Course and seeks a direction from this Court in this regard.
9. As required by us, the learned Advocate-General of the State of Andhra Pradesh has assisted us while taking us to the consequential G.O. issued by the State of A.P. in accordance with the Presidential Order regulating admissions into Medical Courses. While explaining the provisions incorporated under clause (f) to paragraph-2 of the Presidential Order, 1974; learned Advocate-General stated that the University of Health Sciences which was established through Act No.6 of 1986 is treated as a State-wide University. Learned Advocate-General submitted that consequent upon the establishment of the second respondent-University in terms of Section 8 of Act 6 of 1986, all the medical colleges in the State of Andhra Pradesh imparting education in health Sciences are brought within the ambit and administrative control of the 2nd respondent-University. Through sub-clause (1) of Section 8 of the said Act, it was further declared that all the colleges and institutions specified in the First Schedule shall be disaffiliated from the Andhra University, Sri Venkateswara University, Osmania University, Nagarjuna University, Kakatiya University and Sri Krishnadevaraya University, and they shall be deemed to have been affiliated to the 2nd respondent-University. It is further submitted by the learned Advocate-General that the control and management of all the medical colleges, teaching hospitals, nursing schools in the State, except Siddhartha Medical College, Vijayawada, the Government General Hospital, Vijayawada and the Centre for Training & Research in Community Health Sciences, Mangalagiri, stood transferred and vested in the Government. It is further submitted by the learned Advocate General that though the 2nd respondent-University is a State-wide University, except Siddhartha Medial College, Vijayawada, no other Medical Colleges, which are affiliated to the 2nd respondent-University are recognised as Statewide educational institutions and all the courses offered by these affiliated colleges arc also not recognised as a State-wide subjects/courses. The 2nd respondent-University only confersdegree certificates on the students who imparted education in medicine in those affiliated colleges. Learned Advocate-General also stated that though Siddhartha Medical College, Vijayawada is affiliated to the 2nd respondent-University, but it is declared as a state-wide institution vide G.O. Ms. No.653, G.A. (SPF.B) Department, dated 29-11-1988. Learned Advocate-General states that S.V. Medical College,. Tirupati has not been declared as State-wide institution and as such, the petitioner who studied her MBBS Course for 4-1/2 years in that College becomes a local candidate of S.V. University area only and she cannot be declared as a local candidate of Osmania University area for the purpose of admission into P.G. Medical Courses and is not entitled to seek benefit under Explanation (iii)(b) of paragraph-4 of the Presidential Order, 1974.
10. We have also heard Sri K.G.K. Prasad, Standing Counsel for the 2nd respondent-University, at length.
11. On behalf of respondents 4 to 13 who are implcaded by an order of this Court dated 2-11-1998 in WPMP No.37113 of 1998, Sri G. Vidyasagar, learned Counsel advanced his arguments on the same lines as were advanced by the learned Advocate-General.
12. In the wake of the above submissions, the question that emerges for consideration is whether the petitioner could be treated as a local candidate of Osmania University area for the purpose of admission into P.G. Medical Course despite her completing 4-1/2 years of MBBS Course in S.V. Medical College, Tirupati which is within the Sri Venkateswara University area?
13. In orderto appreciate the implications involved in this writ petition, we shall now examine the provisions, which are relevant, under the Presidential Order, 1974.
14. Paragraph-2 of the Presidential Order deals with ''Interpretation'. Sub-clause (f) of paragraph-2 defines a 'State-wide University'.A.P. Agricultural University, Jawaharlal Nehru Technological University, Nizams Institute of Medical Sciences are defined as State-wide Universities. However, the second-respondent-University is also included as a 'State-wide University' vide G.O. Ms. No. 17 SF (SPF.B) Department, dated 21-1-1988 basing upon Govt. of India's orders No. GSR No.1079(E) dated 12-9-1986. Similarly, paragraph-2 sub-clause (b) defines a local area which means the local area specified in paragraph-3 of the Presidential Order. Paragraph-3 defines local area in respect of specified Universities which is as under:
3. Local area: (1) The part of the Sate comprising the districts of Srikakulam, Visakhapatnam, West Godavari, East Godavari, Krishna, Guntur and Prakasam shall be regarded as the local area for the purposes of admission to the Andhra University, Nagarjuna University and to any other educational institution (other than State-wide University or a State-wide educational institution) which is subject to the control of the State Government and is situated in that part;
(2) The part of the State comprising the districts of Adilabad, Hyderabad, Karimnagar, Khammam, Mahaboobnagar, Mcdak, Nalgonda, Nizamabad and Warangal shall be regarded as the local area for the purposes of admission to the Osmania University, the Kakatiya University and to any other educational institution (other than a State-wide University or the State-wide educational institution) which is subject to the control of the State Government and is situated in that part;
(3) The part of the State comprising the district of Anantapur, Cuddapah, Kurnool, Chittoor and Nellore shall be regarded as the local area for the purposes of admission to Sri Venkatcswara University and to any other educational institution (other than a State-wide University or State-wide educational institution) which is subject tothe control of the State Government and is situated in that part.
Paragraph 4 deals with 'local candidate' which is as under:
4. Local candidate: (1) A candidate for admission to any course of study shall be regarded as a local candidate in relation to a local area -
(a) if he has studied in an educational institution in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared for, as the case may be, first appeared in the relevant qualifying examination; or
(b) where, during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination, he has not studied in any educational institution, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination in which the appeared or, as the case may be, first appeared.
(2) x x x x x x x x (omitted) Explanation : For the purpose of this paragraph:
(i) xxxx xxxx(ii) xxxx xxxx (iii) in reckoning tbe consecutive academic years during which a candidate has studied:
(a) any period of interruption of his study by reason of his failure to pass any examination; and
(b) any period of his study in a State-wide University or a Statewide educational institution, shall be disregarded.'
Paragraph 5 provides for Reservation in non-State-wide Universities and educational institutions, which is as under;
5.(1) Admission to eighty-five per cent of the available seats in every course of study provided by the Andhra University, the Nagarjuna University, the Osmania University, the Kakatiya University or Sri Vcnkatcswara University or by any educational institution (other than a Statewide University or a State-wide Educational Institution) which is subject to the control of the State Government shall be reserved in favour of the local candidates in relation to the local area in respect of such University or other educational institution. (2) xxxx xxxx
Paragraph 6 of the Presidential Order, 1974 provides for reservation in State-wide Universities and State-wide Educational Institutions and it reads as under:
6. (1) Admissions to eight-five per cent of the available seats in every course of study provided by a State-wide University or a State-wide educational institution shall be reserved in favour of local candidates and allocated among the local candidates in relation to the local areas specified in sub-paragraph (1), sub-paragraph (2) and sub-paragraph (3) of paragraph-3 in the ratio of 42:36:22 respectively.
The Schedule attached to the Presidential Order, 1974 indicates the State-wide educational institutions subject to the control of the State Government and at SI. No. 12, the name of the Siddhartha Medical College, Vijayawada is mentioned. As indicated above, paragraph-5 provides for reservation in non-State-wide Universities and educational institutions and paragraph-6 provides for reservation in State-wide Universities and State-wide educational institutions.
15. Learned Counsel for the petitioner contends that the second respondent-Universitybeing a State-wide University and the S.V. Medical College, Tirupati, in which the petitioner completed her 4-1/2 years MBBS Course, is affiliated to the second respondent-University, the said 4-1/2 years period of MBBS study of the petitioner in S.V. Medical College, Tirupati shall be disregarded as provided under explanation (iii)(b) to paragraph-4 of the Presidential Order, 1974 and the petitioner be declared as a local candidate of Osmania University area as she studied upto her Intermediate Course in Karimnagar district which is within the jurisdiction of the Osmania University area. This submission advanced on behalf of the petitioner cannot be appreciated for more reasons than one having regard to the explicit provisions of the Presidential Order, 1974. Prior to the establishment of the second respondent-University, the medical colleges in the three regions of this State were affiliated to their respective Universities. However, with the promulgation of Act 6 of 1986, by virtue of Section 8 of the said Act, all the medical colleges in the State were disaffiliated from their respective Universities and were affiliated to the second respondent-University. It is also pertinent to notice that some specialised Courses in post-graduation Medical Stream are declared as State-wide courses. Likewise, the Siddhartha Medical College, Vijayawada is also declared as a State-wide institution by the Presidential Order, 1974. A combined reading of the provisions of the Presidential Order, 1974 makes it abundantly clear that in order to reap benefit under Explanation (iii)(b) of paragraph 4, a candidate shall have to necessarily study in a State-wide University or a State-wide educational institution and then only, such period of study in a State-wide University or State-wide educational institution shall be disregarded while reckoning the consecutive academic years during which a candidate has studied. Admittedly, the petitioner has completed her 4-1/2 years MBBS Course from S.V. Medical College, Tirupati, which is affiliated to the second respondent-University which is a Statewide University. However, the institution inwhich the petitioner has studied her MBBS Course, viz., S.V. Medical College, Tirupati has not been recognised as a State-wide educational Institution in the Presidential Order, 1974. In the Schedule annexed to the Presidential Order, 1974, as stated earlier, at Serial No. 12, the Siddhartha Medical College, Vijayawada, alone has been recognised as a State-wide educational institution. Therefore, we are clear in our mind that in the absence of S.V. Medical College, Tirupati, being recognised as a State-wide educational institution, the benefit provided under Explanation (iii)(b) of paragraph-4 of the Presidential Order cannot be extended to the petitioner and therefore, she is entitled to be treated as a local candidate of S.V. University Area only. Under the Presidential Order, no candidate can be treated as a local candidate for two local areas simultaneously.
16. A Division Bench of this Court in J. Sameerana and others v. A.P. State Council for Higher Education, rep. by its Secretary, Hyderabad, : 1998(2)ALD460 , while dealing with the provisions of the Presidential Order, 1974 has categorically held as under:
'The Presidential Order mandates the area of reservation, earmarking 85% of the available seats in every course of study provided by non-State-wide University/ educational institution for admission in favour of the local candidates in relation to the local area in respect of such University/ educational institution. That is contained in paragraph 5(1) but is hedged with a condition that such educational institution shall be subject to the control of the State Government. While State-wide educational institutions subject to the control of State Government are defined in paragraph 2(e) and specified in schedule annexed thereto, non-State-wide educational institutions have not been so defined or specified. As such, it has to be understood that excepting what is stated in the schedule appended to the Presidential Order, the other educationalinstitutions in the State of Andhra Pradesh are non-State-wide educational institutions.'
From the above decision, it is clear that an institution which does not find a place in the schedule annexed to the Presidential Order, 1974 is a non-State-wide educational institution only. As already discussed by us, S.V. Medical College, Tirupati, in which the petitioner has completed her 4 1/2 years of MBBS Course is not included in the schedule annexed to the Presidential Order, 1974 and as such, S.V. Medical College, Tirupati is a non-State-wide educational institution and therefore, the petitioner cannot get the benefit provided under Explanation (iii)(b) of paragraph-4 of the Presidential Order, 1974 and her 4-1/2 years study of MDBS Course cannot be excluded for the purpose of reckoning her consecutive years of study.
17. The submission of the learned Counsel for the petitioner that denying a seat in Post-Graduate Medical Course to the petitioner in Osmania University Medical College on the ground that she is a non-local, is illegal and violative of Articles 14 and 371-D of the Constitution of India, also cannot be accepted in view of our above discussion. Admittedly, the petitioner has chosen Osmania Medical College as centre for her PG Medical Examination which was held on 13-8-1998 and she secured 41st rank. However, all the seats under Osmania University Region in M.D. (Obst. & Gyn.) have been filled and the last seat went to a candidate who secured 38th rank, the petitioner who secured 41st rank did not get admission and she could secure admission into D.G.O. course. G.O. Ms. No.260, Health, Medical and Family Welfare (E2) dated 10-7-1997 provides rules for admission to Post Graduate - Medical Courses in the Medical Colleges in the State. The said rules are notified in the official Gazette on 14-7-1997. These rules are issued in exercise of powers conferred by Section 3 read with sub-section (1) of Section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prolubition of Capitation Fee) Act, 1983 and in supersession of all the rules in force governing the admissions into Post-Graduate Courses. Rule 3 of the rules provide for reservations to various categories viz., S.Cs., S.Ts., and B.Cs. Sub-rule (2) of Rule 3 further provides that 15% of seats in clinical subjects i.e., in Medicine, Surgery, Obstetrics & Gynaecology groups and 30% of the seats in non-clinical subjects in each group for degree and diploma courses separately are to be reserved for inservice candidates in each category under service quota. Likewise, explanation-2 to sub-rule (2) to Rule 3 under 'Note' (iii)(a), it is indicated that all the candidates who are inservice and seeking admission to Post-Graduate courses shall submit the applications with details of service rendered by them in a proforma enclosed along with application. Rule 4(1) relates to reservation in favour of the local candidates in respect of Statewide courses and also for local areas. Rule 4 further provides under the caption 'Note' (iii)(b) as to the status of candidates who passed the MBBS Course from Siddhartha Medical College and their status would be decided basing on their study period prior to their admission into MBBS Course in Siddhartha Medical College for arriving at the local and nonlocal status, since it is a State-wide institution.
18. Rule 5 of the Rules provides procedure for obtaining application forms and submissions thereof. Rule 6 provides the eligibility for appearing to the P.G. Medical Courses and Rule-8 provides for the Entrance Test. Sub-rule (2) of Rule-8 further provides that the test shall be conducted on the date notified by the University of Health Sciences, Vijayawada, at the following colleges, viz., (1) Osmania Medical College, Hyderabad, (2) Gandhi Medical College, Hyderabad; and (3) Kakatiya Medical College, Warangal for Osmania University and Kakatiya University areas; and (1) Andhra Medical College,Visakhapatnam, (2) Rangaraya Medical College, Kakinada; and (3) Guntur Medical College, Guntur for the AU/NU area; and (1) S.V. Medical College, Tirupati, and (2) Kurnool Medical College, Kumool for S.V. University area. Sub-rule (iii) further makes it clear that the candidates shall collect their Hall-Tickets as notified by the 2nd respondent University at their respective centres chosen by them by producing State Medical Council Registration Certificate in original for identification purpose along with the application or as the case may be, the Registration acknowledgment card. Sub-rule (iv) of Rule 8 further provides that the test centre once chosen by the candidate shall not be changed under any circumstances. Rule 9 deals with Merit lists and it provides for the examination board constituted by the University of Health Sciences, shall get the entrance test papers valued either manually or mechanically and prepare a master merit list of the passed candidates on the basis of marks obtained in the entrance test separately for each of the local, areas subject to sub-rule (ii).
19. The above rules speak about the method of filing the applications, selecting a test centre, conducting the entrance test and publishing the merit list.
20. Admittedly, the petitioner though completed her MBBS Course from S.V. Medical College, Tirupati, did not chose to appear from S.V. Medical College, Tirupati, but has chosen Osmania Medical College, Hyderabad, as a centre for her P.G. Medical Entrance Examination which was held on 13-3-1988, though she is entitled to be treated as a local candidate of S.V. University area. Had she chosen to appear from S.V. Medical College, Tirupati, for her P.G. Medical Entrance Examination, she would have, by implication of paragraph-4(a) of the Presidential Order, become a local candidate of S.V. University area. But as she opted the Osmania Medical College, Hyderabad as herCentre, she becomes non-local candidate of Osmania University area by virtue of her studying MBBS Course from S.V. Medical College, Tirupati which is a non-State-wide institution. Had it been a case of the petitioner completing her MBBS Course from Siddhartha Medical College, Vijayawada which is a State-wide institution, the petitioner would have got the benefit as provided under Explanation-(iii)(b) to paragraph-4 of the Presidential Order. However, as discussed above, the petitioner herself has opted the Osmania Medical College as her centre for her P.G. Entrance Examination, the respondents have justified in treating her as a non-local candidate of Osmania University area in terms of paragraph-4 and Explanation-(iii)(b) of the Presidential Order, 1974.
21. In the Entrance Examination for P.G. Medical Courses, the petitioner secured 41st rank and the last seat in M.D. (Obst. & Gyn.) has been filled with a candidate who secured 38th rank in the Osmania University area. As the petitioner is a nonlocal candidate of Osmania University area, she was given a seat in D.G.O. within the Osmania University area and as such, we see no illegality committed by the respondents in this regard nor we can hold that the action of the respondents 2 and 3 is contrary to the Presidential Order, 1974 issued under Article 371-D of the Constitution of India.
22. Having regard to the above discussion, we are inclined to hold that the writ petition is devoid of merits and the same is accordingly dismissed. Nocosts.