N.T.R. UNIVERSITY OF HEALTH SCIENCES, VIJAYWADA versus G. BABU RAJENDRA PRASAD AND ANR.

Citation: [2003] 2 S.C.R. 781 · Decided: 10-03-2003 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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N.T.R. UNIVERSITY OF HEALTH SCIENCES, VIJAYWADA 
v. 
G. BABU RAJENDRA PRASAD AND ANR. 
MARCH I 0, 2003 
[V.N. KHARE, CJ, S.B. SINHA AND 
DR. AR. LAKSHMANAN, JJ.) 
Educational Laws: 
A 
B 
Andhra Pradesh Educational Institutions (Regulation of Admissions) C 
Order, 197 4-Reserving 85% of seats in each course for local candidates in 
relation to local area for admission, balance 15% reserved for candidates of 
non local area-Government order making reservation to the extent of 15%, 
6% and 25% for SC, ST and backward classes covering 85% of the reserved 
seats and no reservation in respect of balance seats-Validity of-Held, Such 
policy decision is valid if it is reasonable and is in conformity with the D 
Presidential order-As reservation is made for the reserved category candidates 
on the total number of seats available in each course, reservation for the 
remaining seats does not arise-Thus High Court erred in directing reservation 
for 15% of open seats-Constitution of India, 1950 Articles 371-D, 15 and 16. 
The Presidential Order viz. A.P. Educational Institution (Regulation 
of Admissions) Order, 1974 provided that for admission to Universities 
E 
or educational institutions 85 % of the seats in every course of study 
were reserved in favour of local candidates in relation to local areas and 
balance seats of 15% were laid unreserved for open category candidates. 
Thereafter, the Government order was passed by which reservation to F 
the extent of 15%, 6% and 25% were made for Scheduled Castes, 
Scheduled Tribes and Backward classes covering 85% of reserved seats 
but no reservation was made with regard to 15% of the balance seats. 
Thereafter, State enacted A.P. Educational Institutions (Regulation of 
Admissions and Prohibition of Capital Fee) Act, 1983 and also framed G 
A.P. Medical College (Admissions into Post Graduate Medical Course) 
Rules, 1997. University of Health Sciences, Andhra Pradesh also made 
regulations for admission to Post Graduate Medical courses in the Medical 
College in terms of Presidential Order as well as 1997 Rules. Respondent, 
a Scheduled caste candidate seeking admission to Post Graduate Medical 
781 
H 
782 
SUPREME COURT REPORTS 
[2003] 2 S.C.R. 
A courses challenged the policy decision. High Court allowed the petition 
and directed the appellant to reserve seats for reserved category for the 
15% open seats also. Both the review petition and the letters patent 
appeal filed by the appellant were dismissed. Hence the present appeals. 
Appellant contended that the High Court erred in issuing the 
B impugned direction as it failed to take into consideration that having 
regard to the fact that the appellant has already made reservations to the 
extent of 15%, 6% and 25% for Scheduled Castes, Scheduled Tribes and 
Backward Classes respectively covering 85% of the seats, no further 
reservation could be made in respect of balance 15% of the seats as by 
C reason thereof the seats reserved for the reserved category candidates 
would exceed 50%. 
Allowing the appeals, the Court 
HELD: I.I. Article 371-D of the Constitution of India contains a 
D special provision applicable to the State of Andhra Pradesh only. 54% of 
seats are required to be filled up from open categories and 46% of seats 
are to be filled up from the reserved category candidates in each of the 
three regions from the medical colleges and engineering colleges. Having 
regard to the reservations made region-wide, indisputably 85% of seats 
are to be filled up froin amongst local candidates whereas only 15% of 
E seats are to be filled up from amongst outside candidates. 
F 
G 
(792-G-H; 793-A] 
1.2. Articles 15 and 16 of the Constitution of India provide for 
enabling provisions. By reason thereof the State would be entitled to 
either adopt a policy decision or make laws providing for reservations. 
How and in what manner the reservations should be made is a matter of 
policy decision of the State. Such a policy decision normally would not be 
open to challenge subject to its passing the test of reasonableness as also 
the requirements of the Presidential Order made in terms,ofArticle 371-
D of the Constitution. (793-A-B( 
1.3. It is not in dispute that limited seats are available for admission 
in the super speciality courses. It may be true that normally the reservation 
has to be made for the entire State but in terms of Article 371-D of the 
Constitution of India reservation has to be made region-wise. The s

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