Judges differ on giving stay on admissions into management quota

The admission process to MBBS seats in management quota in private medical colleges of State are stuck in legal logjam. The whole issue is placed before the Acting Chief Justice to be referred to appropriate Bench as the two judges of Division Bench which heard the batch of cases on Friday differed on giving stay.

It may be recalled that the Bench comprising Justice V. Eswariah and Justice N. Ravishankar heard batch of cases filed complaining that the managements are not following merit while filling the management quota seats.

The petitioners heavily relied upon the judgment of the Division Bench in 2007 wherein the Bench issued guidelines for filling the management quota seats. These include issuing and receiving applications online and transparency in giving admissions on merit etc., the two judges dictated the verdict in open court on Friday and the pronouncement was completed by 6 p.m. well after working time of the court.
Justice V.Eswariah felt that that these guidelines are made applicable for minority institutions and the government ought to have issued GO incorporating these guidelines for non-minority private unaided medical colleges.
He said that the Bench wanted the guidelines to be followed this year but it is brought to the notice of the court that software to link all the 20 odd colleges for online filing of applications etc. may not be feasible this year.
The judge took note of the fact that the Supreme Court had given time schedule. The judge said that the process of admissions can not be stopped now and the miscellaneous petitions seeking stay etc. are rejected.

Justice Ravishankar then dictated his order and said that the management seats in unaided non minority colleges are being done as per marks obtained in intermediate. He wondered how this is permissible when the proviso to section three of AP Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 declares that all seats shall be filled based on ranking in EAMCT alone. HE said this is simple legal issue and it needs to be dealt seriously though the issue was not specifically raised.
He reminded that in a public law remedy public wrong has to be undone. Justice Ravishankar said that “it is true that the private managements have their own difficulties and there is no subsidy from the government”
He said that the admission being made to ‘C’ category seats in these colleges is in violation of proviso to section three of this Act. He declared that the court can not close its eyes when some thing contrary to law is noticed.
He said that “I am of the opinion that admission into the ‘C’ category seats be kept in abeyance and all further steps be stayed” The judge made it clear that the admissions into managements quota seats in minority medical colleges known as ‘B’ category are not interfered as the Act provides for making admissions based upon marks in intermediate.
After these two differing judgments were delivered, the Bench directed the registry to place all the papers before the Acting Chief Justice who will take decision to post the case before a third judge. It may be recalled that interim orders were already passed by Justice Nagrjuan Reddy directing the NTR Health University not to approve the admissions made into management quota seats until it is satisfied that the guidelines issued by a Bench in 2007 are fully complied with.
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