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Judgment
K. Subba Rao, C.J.—This is a petition under Art. 226 of the Constitution of India for issuing a Writ of mandamus directing the respondents to act in accordance with G. O. Ms. No. 1022 Health, Dated 30-5-1957 and to admit the petitioner in the Medical college, Visakhapatnam.
The petitioner is the son of Katragadda (sic)aghuramaiah, who is a resident of Patamata. Vijayawada, Krishna District. The petitioner as born at Vijayawada on 17th December, 1939. (sic)on after the birth of the petitioner, the petitioner''s mother Anasuyamma was taken seriously and her mother took her along with the child Visakhapatnam for medical treatment. Anayamma was treated for over a period of two (sic)ars at Visakhapatnam and even thereafter the petitioner continued to live with his grand-mother at Visakhapatnam. He was also educated in (sic). Joseph''s Convent, Waltair in standards lower (sic) G. to second (inclusive) from January, 1945 (sic) July, 1948.
It appears that, from 1948 to 1956, he was (sic)dying in Vijayawada and was going for the (sic)cations to Visakhapatnam. He passed his Inter (sic)ediate examination in the year 1956 and secur(sic) 60.2 per cent of the marks in his group-Bio(sic)y, Chemistry and Physics. In 1956, the petitioner filed an application for a seat in the Medical. College accompanied by a nativity certificate (sic)d, in that application, he gave his place of (sic)sidence as Krishna District. It is said that the application was not considered as he was under (sic). He again applied for admission in the Medical College, Andhra area, from Region (1) in (sic) month of June, 1957. Along with that application, the petitioner furnished a nativity certificate to the effect that he was a resident of Visacapatnam in Region (1) for the prescribed (sic)iod.
He was included in the preliminary list of candidates drawn up by the Selection Committee eligible for admission from Region (1) and he (sic)s given 15th rank in that list. In due course, was asked by the Selection Committee to ap(sic)r for an interview before it. The Selection committee, it is alleged, gave him 40 per cent (sic)sumably for his personality and extracurricu(sic) activities and that raised his rank from the (sic) to the 5th. The Chairman of the Selection Committee along with other names submitted the petitioners name for the decision of the Government the question of the validity of the nativity certificate.
By letter dated 25-9-1957, the father of the petitioner requested the Secretary, Public Health department that his son''s case may be disposal of immediately. On 10th October, 1957, the secretary, Public Health Department received a (sic)gram from Sri P.A. Chowdary Advocate (sic)stioning the acts of the Government and its subordinates in interfering with the petitioner''s (sic)ction to the Medical College. By a letter (sic)ed 18th October, 1957, the Government re(sic)sted Sri P.A. Chowdary to furnish document evidence to show that his client actually re(sic)d in the District of Visakhapatnam for 11 years or at least for a total period of 10 years preceding 1st January, 1957 excluding periods spent by him on his education elsewhere. In reply to the aforesaid communication, Sri P. A. Chowdary wrote a letter dated 4th November, 1957 enclosing therewith a certificate from St. Joseph''s Convent and a few affidavits from residents of Visakhapatnam. Before the Government gave its decision, the petitioner filed the aforesaid writ.
Learned counsel for the petitioner contends that the respondents did not follow the procedure prescribed by the rules made by the Government in G.O.Ms. No. 1022 dated 30-5-1957. The Government Pleader counters this argument by stating that the rules are only administrative directions given by the Government and that noncompliance with the rules does not confer on the petitioner any right to compel the respondents to proceed in strict conformity with the rules. The contention of the Government is a double-edged weapon and it cuts both ways. The rules framed by the Government lay down a scheme for the selection of students to the Medical College in an attempt to provide an equitable distribution of seats for different regions and to different strata of the population in the State without violating the provisions of the Constitution.
If the rules can be ignored, the entire selection of candidates would be bad for every candidate then will have the right to take his chance in the common pool. The Government, therefore cannot rely upon the scheme embodied in the rules to sustain the selections and to ignore it to defeat the claims of the petitioner. The scheme, therefore, till it is suitably modified by the Government must be taken as the basis for ascertaining the rights of the petitioner.
The rules forming part of the scheme of selection, so far as they are material to the present case, may be read :
RULE 4: Selection to the seats available after deducting the number specified in Rr. 2 and 3 from the overall total will be made by a selection committee consisting of members duly appointed by the Government in this behalf. Subject to the reservation and procedure specified hereinafter, Orders will issue separately regarding the constitution of the committee. The Committee shall draw up, in order of merit, a preliminary list of candidates eligible for admission and shall confine its interviews to double the number of seats available. These interviews shall only be for the purpose of verifying the data on which marks for extra curricular activities are allotted. The selections made by the Committee shall be final.
RULE 9 : Regional distribution of seats:
(a) For: purposes of selection, the Andhra areas shall be divided into three groups of districts or regions as indicated below:
REGION I: comprising of the districts of Visakhapatnam and Srikakulam.
REGION II: comprising of the districts of Guntur, Krishna, East Godavari and West Godavari.
REGION III: comprising of the districts of Nellore, Cuddapah, Kurnool, Anantapur and Chittoor.
RULE 10 : Procedure for selection : The selection committee will adopt the following procedure for the selection of candidates for admission to the Medical Colleges.
RULE 11: Qualifications :
RULE 13: The list of candidates selected for admission shall be published only provisionally and each candidate if a major or his parent or guardian if he is a minor on admission shall be required to sign a written declaration in the following form :
DECLARATION FORM: I, hereby solemnly and sincerely affirm that the statements made and information furnished in my/my son''s or ward''s application form as also in all the enclosures thereto submitted by me/him are true. Should it however be found that any information furnished therein is untrue in material particulars, I realise that I am liable to criminal prosecution and I also agree to forego my seat/that he should forego his Seat in the College.
The Principals of the Medical Colleges concerned should at the time of the actual admission of the students obtain the above declaration and in the meantime take steps to verify quickly the correctness of the nativity certificates and also the authenticity of the marks produced. The Principals should take full responsibility in this matter and they should keep the originals of all the applications and the declarations in safe custody for the purpose mentioned and in order to facilitate any enquiry which might become necessary as a result of inaccuracies being brought to light.
APPENDIX II:
Revised form of nativity certificate to be produced by candidates for admission to Medical Colleges in the Andhra area :
Certified that... a candidate for admission into the Medical College... son/daughter of... resided in the district of.... for a total period of ten years immediately preceding the 1st of January last exclusive of the period spent in any other district or districts, by the candidate for his/her studies with his/her parent while the latter was employed in Government service, or was engaged in any occupation, trade, business or profession and consequently that... is a native of the district of... within the meaning of G. O. No. 2786 Public Health dated the 27th October, 1945.
The gist of the aforesaid rules may be stated thus. A candidate for admission in a Medical College with prescribed qualifications applies for a seat. Along with the application, he sends a nativity certificate in the proscribed form issued by an officer duly authorised in that behalf. The Selection Committee, after receiving the applications, draws up in the order of merit a preliminary list of candidates eligible for admission and shall confine its interviews to double the number of seats available. The interviews are expressed to be for the purpose of verifying the data on which marks for extra curricular activities are allotted. The selections are final.
Thereafter, the list of candidates selected shall be published provisionally. At the time of admission, the Principal of the Medical College takes a declaration from the candidate or his parent as the case may be vouching to the correctness of the information in the application and also expressing his realisation that, in the case of false information, he is liable to criminal prosecution and to forfeiture of the seat. The Principal of the Medical College should take immediate steps before admission to verify quickly the correctness of the nativity certificate and also the authenticity of the marks produced.
It is seen from the aforesaid provisions that the scheme of selection and admission does not contemplate any enquiry as regards the correctness of the particulars given in the nativity certificate either by the Selection Committee (sic) by the Government. The nativity certificate give by the prescribed officer is prima facie accepted as correct and the selection is proceeded wit on that basis. It is not one of the duties of the Selection Committee to question the nativity certificate. That duty is entrusted only to the Principal before admitting the students.
From the aforesaid narration of facts, is clear that the prescribed officer gave the nativity certificate to the petitioner to the effect that he was a resident of Region (1). The petitioner was given the 5th rank in the list prepared (sic) the Selection Committee on the basis of his mark obtained in the Intermediate Examination ar(sic) those given to him on the foot of his personali(sic) and extra-curricular activities. Neither the Election Committee nor the Government had power to with-hold the publication of his name as o(sic) of the selected candidates. It was the Principal on the material gathered by him at the time admission, that should have decided the correctness of the nativity certificate. In this case, n(sic) there the Government nor the Principal came any definite conclusion on the correctness of the nativity certificate. It follows that the respondent did not discharge the duties enjoined on the under G. O. No. 1022 dated 30-5-1957.
Learned counsel for the petitioner ra(sic)ed many other points and in the view we a(sic) taking on the main question, it is not necessary to express our view thereon. In the circumstance we issue a writ of mandamus directing the respondents to publish the name of the petitioner as one of the selected candidates and the 1st respondent will, at the time of admission, sati(sic) himself on the material available to him on question of the correctness of the nativity certificate produced by the petitioner. We should not be understood to have expressed any (sic)nion on the correctness of the nativity certificate for it is the duty of the Principal to do (sic) If he is satisfied with the correctness of the n(sic)vity certificate, he will give the petitioner (sic) of the seats which we are told has not been fil(sic) up in the College. If he is not satisfied, he n(sic) refuse to give him the seat.
In the result, the petition is allowed w(sic) costs. Advocate''s fee Rs. 100/-.