Dr. K.N. Sudha Ramana vs The University of Health Sciences and Others

T.N.C. Rangarajan, J.—This writ petition seeks ad mission to the course of Super Speciality for which the qualifying examination is M.D. (General Medicine). The petitioner has studied M .D., (General Medicine) in 1988-90) in the Osmania University. Earlier to that the petitioner has studied M.B.B.S. in 1974 at Kurnool Medical College, Sri Venkateswara University. Since the petitioner had applied for a seat in the Osmania University, a question that arises is whether she can be treated as a local candidate. The relevant rule for treating as a local candidate is as follows?

(a) If he has studied in an educational institution or educational institution such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or as the case may be, first to appear 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 to appear 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 the examination in which he appeared, or, as the case may be, first appeared.

The petitioner, therefore, claims that she is to be treated as a local candidate because she has studied two years of qualifying course in the Osmania University area and also resided in the same area prior to that, for which evidence has been produced.

The defence of the respondents is that the petitioner has not undergone a course of four academic years prior to the qualifying examination in the Osmania University area and the earlier examination of M.B.B.S., having been undergone in the Sri Venkateswara University area, she must be taken to be a non-local candidate. In the selection list of Super Specialities the petitioner had been shown as a third ranker belonging to Sri Venkateswara University area. Since the seat is available for a local candidate only, the petitioner will be entitled to a seat if she is accepted to be a local area candidate.

The learned counsel for the petitioner submits that when the petitioner applied for the entrance test in 1994, she has been shown as a local candidate of the Osmania University area. He, therefore, submitted that the treatment of the petitioner as a non-local candidate in the present test is untenable and she should be given a seat treating her as a local candidate.

The learned counsel for the respondents submitted that according to the proper application of the rule, the four academic years of study must be taken ignoring the gap in the study and since she has studied M.B.B.S. in the Sri Venkateswara University, treatment of the petitioner as S.V.University candidate i.e., non-local candidate is correct. I am unable to accept the contention of the learned counsel for the respondents. Clause (a) of the Rule extracted above shows that the qualification for local candidate is "undergoing four consecutive academic years of study ending with the qualifying examination". In the present case, admittedly, M.D. course is the qualifying examination. In the case of the petitioner that course (M.D.) was only of a duration of two years since she has been given exemption for one year out of three years course. Therefore, the rule that she must have had four consecutive academic years of study ending with the qualifying examination is not applicable in the petitioner''s case, as the qualifying course itself is of a duration of two years only. It is only to meet such an eventuality that Rule (b) has been provided that if during the said period of four consecutive academic years the candidate has not studied in any educational institution, she should have resided in that area for that qualifying period. The above rule exactly fits in with the petitioner''s case. She has filed certificates that she has resided in the Osmania University area for a period of twenty years prior to studying M.D. Course. Thus, it is established that the petitioner has qualified as a local candidate within the meaning of Rule (sic. Clause) (b).

I, therefore, accept the claim of the petitioner that she must be treated as a local candidate of the Osmania University as had been rightly done in the entrance test for 1994 examination itself. Consequently, I direct the respondents to give the seat reserved for the petitioner as per the interim order of this Court dated 28-3-1995.

The writ petition is allowed. No costs.