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2025 DAILYLAW 42591 (AP)

BODI SRAVANI v. The State of Andhra Pradesh,

WP/35104/2025 · 2025-12-17

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

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APHC010677922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Review I.A No.2 & I.A.No.3 of 2025 in WRIT PETITION NO: 35104 of 2025 Bench Sr.No:- 12 [3446] Bodi Sravani ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Petitioner: G VENKATA REDDY Advocate for Respondent: GP FOR MEDICAL HEALTH FW CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 26th December 2025 P C : Heard Smt. T.V. Sridevi, learned Standing Counsel appearing for the review applicant/2nd respondent and Sri G. Venkata Reddy, learned counsel for the respondent No.1 herein/Writ Petitioner. The parties in the present case are referred to as they are arrayed in the main Writ Petition. HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 2 2. The petitioner had been admitted to the MBBS course for the academic year 2016-2017, in Siddhartha Medical College, Vijayawada, by treating her to be a local candidate under the Sri Venkateswara University Region. After completing her MBBS course, the petitioner, on the basis of her performance, in the Post Graduation Medical Entrance Examination, sought admission in the Post Graduation Medical Course, for the academic year 2025-2026. However, the petitioner’s, application for admission, by treating her as a local candidate under the Sri Venkateswara University Region, was treated as “AP Non-Local with AP Domicile”. The objection of the petitioner to such a categorization was not accepted by the convenor forcing the petitioner to approach this Court. 3. The petitioner had studied upto her SSC education, in Nandyal in March-2012. She did her intermediate education from 2012- March, 2014 in Sri Chaitanya Junior College, Ranga Reddy District, which is presently in the State of Telangana, but was in the combined State of Andhra Pradesh at the time when she studied in Ranga Reddy District. Thereafter, she had got admission to the MBBS course in Siddhartha Medical College, Vijayawada. The petitioner for the purposes of this admission was treated as a local candidate of the Sri Venkateswara University Region. The Admission card produced, by the review applicant, shows that the petitioner was treated as a local HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 3 candidate of Sri Venkateswara University area. It may be noticed that Siddhartha Medical College is treated as a State-wide educational institution. Consequently, the authority stated that her study in Siddhartha Medical College would not be taken into account while determining whether she is a local candidate or not. The notification, for admission, stipulated that the status of the students who studied in Siddhartha Medical College would be decided based upon their study period prior to their admission into MBBS course 4. The authorities relied upon regulation 3.4 of the regulations issued by the Dr. NTR University of Health Sciences. In this regulation, it is stated that a candidate would be treated as a local candidate in relation to a local area if he/she studied in an educational institution, in such local area, for a period of not less than four consecutive academic years ending with the year in which she appeared for the relevant qualifying examination. If the candidate had not studied for four consecutive academic years, the candidate would still be treated as a local candidate, of the local area where she had studied for the maximum period within the last seven years, provided he/she had studied in an educational institution in the State for a period of not less than seven consecutive academic years ending with the relevant qualifying examination. The respondent authorities relying upon G.O.Ms.No.260, dated 10.07.1997, had contended that by virtue of the HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 4 said notification, the petitioner could not have been treated as a local candidate in the Sri Venkateswara University area. This Court rejected this contention on the ground that the study of the petitioner, in Ranga Reddy District, which was part of the State of Andhra Pradesh, till 02.06.2014 should be treated as a study within the State of Andhra Pradesh. On this basis, the Writ Petition filed by the petitioner was disposed of directing the respondents to treat the petitioner as a local candidate of Sri Venkateswara University area. 5. The 2nd respondent, in the Writ Petition has now filed the present review application. Smt. T.V. Sridevi, learned Standing Counsel appearing for the review applicant/2nd respondent, contends that the order of this Court requires to be reviewed, on the following ground: "The respondents had, inadvertently, relied upon G.O.Ms.No.260, even though it had been replaced by G.O.Ms.No.83, dated 23.07.2025. In G.O.No.83, the entire State for the purposes of the regulations, is divided into Andhra University area and Sri Venkateswara University area only. There is no provision for treating any part of the Osmania University area, set out in G.O.Ms.No.260, as a part of the State of Andhra Pradesh. In such circumstances, the petitioner cannot be treated to be HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 5 a local candidate of Sri Venkateswara University area as she had studied for a period of two years outside the State of Andhra Pradesh and consequently, regulation 3.4(II) would not be available, to the petitioner to claim local candidate status." 6. The admission of students into post graduate medical courses, in the state of Andhra Pradesh, is regulated by the Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997, issued in G.O.Ms.No.260, dated 10.07.1997. Under these Rules, the State of Andhra Pradesh was divided into three local areas, namely Osmania and Kakatiya University area, Andhra University and Nagarjuna University area and Sri Venkateswara University area. Admission to 85% of the seats in each course, in non- state wide Institutions were reserved for local candidates of Andhra Pradesh and the remaining 15% was open for candidates of local/non- local areas. The guidelines for determining the status of a candidate as local or non-local for each local area was also set out in these rules. These rules have now been amended by G.O.Ms.No.83. By virtue of the amendments, the local areas, in the State of Andhra Pradesh have been restricted to Andhra University and Sri Venkateswara University areas. The principles for determining the status of a candidate have not been modified. The said principles contained in Rule-4(1)(C)(I)&(II) set out in HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 6 G.O.Ms.No.260 have not been modified by G.O.Ms.No.83. The said rule was, verbatim, set out in the Regulation 3.3 and 3.4 of the Regulations, for Admission into Post Graduate Medical Degree/Diploma course under competent Authority Quota (CQ) seats, in all the Medical Colleges affiliated to Dr. NTR UHS and in Sri Venkateswara Institute of Medial Sciences (SVIMS), Tirupati, for the academic year 2025-26, issued by the Registrar of Dr. NTR University of Health Sciences. 7. The said regulations read as follows: “3.3 LOCAL AREA: As per G.O.Ms.No.83, dt.23-07-2025 of HM & FW (C1) Dept., Govt. of AP the rules as follows: “3.3.1 Andhra University Area: The part of the State comprising the erstwhile Districts of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur and Prakasam shall be regarded as the local area for the purposes of admission to the Andhra Pradesh Professional Institutions ie. Post graduate Medical and Dental Professional courses and to any other educational institutions (other than a State-wide University or State-wide Educational Institution) which is subject to the control of the State Government and is situated in that part. 3.3.2 Sri Venkateswara University Area: The part of the State comprising the erstwhile Districts of Anantapur, Kurnool, Chittoor, Cuddapah and Nellore shall be regarded Institutions ie. Post graduate Medical and Dental Professional courses and to any as the local area for the purposes of admission to the Andhra Pradesh Professional other educational institutions (other than a State-wide University or State-wide Educational Institution) which is subject to the control of the State Government and in situated in that part. 3.4 LOCAL CANDIDATES: (I) A Candidate for admission shall be regarded as local candidate in relation to a local area i) If he/she studied in Educational Institution or Educational Institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 7 which he/she appeared or as the case may be first appeared in relevant qualifying examination or ii) where, during the whole or any part of the four consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared in relevant qualifying examination, he/she 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 he/she appeared or, as the case may be, first appeared. (II) A candidate for admission to the Course who is not regarded as local candidate under sub-rule (I) above in relation to any local area shall,- (i) If he/she has studied in educational Institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination be regarded as a local candidate in relation to, - a. Such local area where he/she has studied for the maximum period out of said period of seven years, or b. Where the period of his/her study in two local areas are equal, such local area, where he/she has studied last in such equal period, or (ii) If, during the whole or any part of seven consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination, he/she has not studied in the educational Institutions in any local area, but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to, - (a) Such local area where he/she has resided for the maximum period out of the said period of seven years, or (b) Where the periods of his/her residence in two local areas are equal, such local area where he/she has resided last in such equal periods. EXPLANATION:- It is hereby clarified that for the purpose of this sub-regulation:- i. "Educational Institution" means a University or any Educational Institution recognized by the State Government, a University or any other competent authority. ii. “Relevant qualifying examination in relation to any course of study” means a pass in an examination which is the minimum educational qualification for admission to such course of study. HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 8 NOTE:-The relevant qualifying examination for admission to Post Graduate Medical courses is MBBS examination and Post Graduate Dental courses is BDS examination. The question whether the candidate is a local candidate or not will be determined with reference to the candidate's first appearance in the Part-II of the Final MBBS examination/Final BDS examination as the case may be. iii. a) In reckoning the consecutive academic years during which a candidate has studied any period or had an interruption of the candidate's study by reason of the candidate's failure to pass any examination and any period of the candidate's study in a statewide University or statewide education institution shall be disregarded. b) The status of candidates who passed MBBS examination from Siddhartha Medical College will be decided basing on their study period prior to their admission into MBBS course at Siddhartha Medical College for arriving at the local and non- local status, since it in a statewide institution. c) The status of candidates who have taken admission in Government Dental College prior to 2024-25 will be decided basing on their study period prior to their admission into BDS course at Government Dental College for arriving at the local and non-local status, since it was a statewide institution prior to 2024-25. iv. The question whether any candidate for admission to any course of study has resided in any local area shall be determined with reference to the places where the candidate actually resided and not with reference to the residence of the candidate's parent or guardian. IV) ……. 8. Regulation 3.4 (I) stipulates that a candidate shall be regarded as a local candidate of the local area if she/He had studied for four consecutive years ending with the academic year in which She/He first appeared for the Qualifying examination. The said examination, here, would be the MBBS final examination. The petitioner completed her MBBS course from the Siddhartha Medical College. In the normal course, she would be regarded as a local candidate of Andhra HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 9 University area, as her college falls within the Andhra University area. However, this period of study is not being taken into account due to Explanation iii (b) to the Regulation 3.4 which states as follows: “EXPLANATION:- It is hereby clarified that for the purpose of this sub-regulation:- i. ... ii. ... iii. a) ... b) The status of candidates who passed MBBS examination from Siddhartha Medical College will be decided basing on their study period prior to their admission into MBBS course at Siddhartha Medical College for arriving at the local and non-local status, since it in a statewide institution. 9. The above explanation, effectively, removes the period of study, in Siddhartha Medical College, under Regulation 3.4(I), from consideration. There appears to be a good reason for such a prohibition. Admission to the MBBS course in Siddhartha Medical College is open to candidates from all local areas of the State, including candidates who are not from the Andhra university area. If the period of study, of such candidates, in Siddhartha Medical College, is taken as the criteria for determination of local candidate status, candidates from Sri Venkateswara University would become local candidates in the Andhra University Area. This would reduce opportunities for the candidates who are originally from the Andhra University area. Similarly, Candidates from Sri Venkateswara University may prefer to be treated as local candidates of Sri Venkateswara University area. To ensure that such an aberration does not arise, the above restriction has been brought in. HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 10 Consequently, this restriction not only restricted consideration, of local status, but also reverted the candidates back to their original local status, on the basis of which they were admitted, to the MBBS course in Siddhartha Medical College. The Petitioner, in this case, was regarded as a local candidate of Sri Venkateswara University area, when she was given admission, to the MBBS course, in Siddhartha Medical College. She would have to be treated as a local candidate of Sri Venkateswara University only. 10. Even if Regulation 3.4 (I) cannot be pressed into service, by the petitioner, she would still merit consideration under Regulation 3.4(II). This regulation states that for the purposes of being treated as a local candidate, the said candidate should have studied in an education institution in the State for period not less than seven consecutive academic years. If she has studied for seven consecutive academic years, then the local area where she had studied for the maximum period out of the said period of seven years would be treated as the local area where she would be a local candidate. It may also be noticed that the requirement is study of seven years in the State, and there is no further requirement that the said study should be only in the local area specified in the regulations. 11. In the present case, the petitioner had pursued her entire education uptill 10th class at Nandyal, which falls within the Sri HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 11 Venkateswara University local area. She had studied for a period of two years, for her intermediate, in Ranga Reddy District, between 2012 to March-2014. At that point of time, the Ranga Reddy District was part of the combined State of Andhra Pradesh. In that view of the matter, it is obvious, that the petitioner was, rightly, treated as having pursued her education for seven consecutive years within the State of Andhra Pradesh and she was treated as a local candidate for the Sri Venkateswara University area as she had studied for the maximum period, of the aforesaid seven years, in the Sri Venkateswara University area. The petitioner would still be treated as a local candidate of Sri Venkateswara University area even if G.O.Ms.No.83, dated 23.07.2025, is to be applied to her. 12. All the aforesaid reasons, there is no merit in the review application and it is dismissed. As Review I.A.No.2 of 2025, has been dismissed and I.A.No.3 of 2025 which sought suspension pending disposal of Rev.I.A.No.2 of 2025 is also dismissed. DHIRAJ SINGH THAKUR, CJ R.RAGHUNANDAN RAO, J BSM HCJ & RRR, J IA.Nos.2 & 3 of 2025 in W.P.No.35104 of 2025 12 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R.RAGHUNANDAN RAO Review I.A.No.2 of 2025 & I.A.No.3 of 2025 in WRIT PETITION No.35104 of 2025 (per Hon’ble Sri Justice R.Raghunandan Rao) Dt. 26.12.2025 BSM