N.T.R. University of Health, Sciences, Vijaywada Vs. G. Babu Rajendra Prasad
& Anr  Insc 159 (10 March 2003)
S.B. Sinha & Ar Lakshmanan. S.B. Sinha, J :
the Government of Andhra Pradesh while framing A.P. Educational Institutions
(Regulation of Admissions) Order, 1974 made in terms of Article 371-D of the
Constitution of India was bound to provide reservation for 15% of non-local
seats, although reservations in terms of its policy decision had been taken in
respect of seats available for local candidates, is the question involved in
these appeals which arise out of a judgment and order dated 29.03.200 of the
Full Bench of the Andhra Pradesh High Court.
First Respondent herein is said to be a member of Scheduled Caste. He
questioned the validity of policy decision of the State of Andhra Pradesh as
regards non-reservation for Scheduled Castes, Scheduled Tribes and Backward
Classes by filing a writ petition in the High Court A learned Single Judge of
the Andhra Pradesh High Court by a judgment and order dated 27.10.1998 directed
the appellant herein to reserve seats for the reserved category for 15% open
seats also. A review application filed by the appellant herein before the
learned Single Judge was dismissed. Thereafter, the appellant preferred a
letters patent appeal before the Division Bench questioning the said order of
the learned Single Judge.
Division Bench, however, noticing conflict in some decisions on the question
referred the matter to a Full Bench on the following question :
the reservations in terms of Article 15(4) of the Constitution of India in favour
of Scheduled Castes, Scheduled Tribes and Backward Classes could be provided
even in respect of 15% of the unreserved seats under the Presidential Order,
1974." By reason of the impugned judgment the said appeals were dismissed.
appellant is, thus, in appeal before us.
reason of the Constitution 32nd Amendment Act, a special provision by way of
Article 371-D of the Constitution of India was inserted in respect of the State
of Andhra Pradesh relating to both employment and education; pursuant to or in
furtherance whereof the President was empowered to make orders in relation
thereto contained in different provisions for different parts of the State. Pursuant
to or in furtherance of the said power, A.P. Educational Institution
(Regulation of Admissions) Order, 1974 (hereinafter referred to as the
Presidential Order) was made.
relevant provisions of the Presidential Order are as under :-
Para-2 "available seats" in relation to any courses of study as
number of seats provided in that course for admission at any time after
excluding those reserved for candidates from outside the State. It defines
"local area" in respect of any University or other educational
institution as the local area specified in para-3 of the order for the purpose
of admission to such University or other educational institution.
Para-3 carves out the local areas by reference to the earliest Universities
operating in Andhra, Telengana and Rayalaseema areas of the State, Andhra
University, Osmania University and Sri Venkateswara University and delineates
the district comprised in such local area.
Para-4 sets out the qualifications for determining local candidates with reference
to study in an educational institution or institutions for specified period or
in the alternative with reference to residence in the local area.
Para-5 enjoins that admission to 85% of the available seats in every course of
study provided by Andhra, Nagarjuna, Osmania, Kakatiya or Sri Venkateswara
Universities or by educational institution other than a State wide University
or State-wide educational institution which is subject to control of the State
Government, shall be reserved in favour of the local candidates in relation to
the local area in respect of such University or other educational institution.
Sub- para (2) of this para states while determining number of seats to be
reserved in favour of the local candidates under sub para (1) any fraction of
seats shall be counted as one. The proviso to the para ordains that there
should be at least one unreserved seat.
Para-8 enables the President by order to require the State to issue such
directions as may be necessary or expedient effectuating the provisions of the
order to any University or other educational institution which shall comply
with such directions.
Para-9 reiterates the overriding effect set out in clause (10) of the parent
Article and mandates that the provisions of the order shall have the effect
notwithstanding anything contained in any statute, ordinance, rules,
regulations, or other orders whether made before or after the commencement of
the Presidential Order irrespective of the admissions .
Para-10 provides that nothing in the order shall affect the operation of any
provisions made by the State Government or other competent authority whether
before or after the commencement of the order in respect of reservations in the
matter of admissions to any University or the educational institution in favour
of women, socially and educationally backward class of citizens, the Schedule
Castes and Scheduled Tribes, in so far as such provisions are not inconsistent
with the order.
view to prescribe the procedure adopted for admissions, the Government of
Andhra Pradesh issued G.O.Ms. No.646 dated 10.7.1979 whereby and whereunder it
was directed that the procedure framed in Annexure-III thereto would be
followed in the matter of implementation of reservations in favour of local
candidates provided under the Presidential Order in respect of non-Statewide
Universities and non-Statewide educational institutions subject to its control;
the relevant provisions whereof are as under :-
The number of "available seats" in the course of study shall first be
computed by deducting from the total number of sets provided in that course,
and the number of seats reserved for candidates from outside the State.
number of seats reserved in favour of local candidates in relation to local
area in respect of the University or other educational institution concerned
shall then be determined; this number shall be 85% of the available seats, any
fraction of a seat being counted as one provided that there shall be at least
one unreserved seat;
From amongst all eligible applicants, whether such applicants are local
candidates or not, a provisional list of admission to fill the available seats
shall be drawn up. This provisional list shall be prepared on the basis of the
relative merit of all eligible applicants and the reservations in favour of
Scheduled Castes, Scheduled Tribes and Backward Classes, women etc., as
provided under the relevant rules of admission. The candidates included in the
provisional admission list shall be arranged in order of merit or where the
rules of admission provide for their arrangement in any other order, in the
order so provided;" Mr. G. Prabhakar, learned counsel appearing on behalf
of the appellant has raised a short question in support of this appeal. The learned
counsel would submit that the High Court committed a manifest error in issuing
the impugned direction insofar 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 reason thereof the
seats reserved for the reserved category candidates would exceed 50%. It has
been pointed out that out of 17 seats for admission in the post graduate
courses 8 seats were already reserved which would account for 46% of the seats
and, thus, if reservation is directed to be made in relation to 2 seats, which
would have gone to the local candidates, one seat out of it will have to be
reserved, which would mean reservation in excess of the quota of reservation
made in terms of Regulation 4 which reads thus :
RESERVATION IN FAVOUR OF THE LOCAL CANDIDATES
Admission to 85% of the seats shall be reserved in favour of the local
candidates in relation to the local area as provided in A.P. Educational
Institutions (Regulations of Admission) Order, 1974 as amended from time to
is State-wide course and admission to this course shall be regulated as per the
provision in the A.P. Educational Institutions (Regulations of Admission)
Order, 1974 for State-wide course.
LOCAL AREA :
part of the State comprising the Districts of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West
Godavari, Krishna, Guntur and Prakasam (Andhra University and Nagarjuna University area) shall be regarded as the
local area for the purpose of admission to the Andhra Medical College, Visakhapatnam, Rangaraya Medical College, Kakinada and Guntur Medical College, Guntur.
The part of the State comprising the Districts of Adilabad, Hyderabad
(including twin cities) Rangareddy, Karimnagar, Khammam, Medak, Mahaboobnagar, Nalgonda,
Nizamabad and Warangal (Osmania University and Kakatiya University area) shall
be regarded as local area for the purpose of admission to the Osmania Medical
College, Hyderabad, Gandhi Medical College, Hyderabad and Kakatiya Medical
The part of the State comprising the Districts of Ananthapur, Kurnool, Chittoor, Cuddapah and Nellore (S.V. University area) shall be regarded as local
area for the purpose of admission to the Kurnool Medical College, Kurnool, and S.V. Medical College, Tirupati.
LOCAL CANDIDATES :
candidate for admission shall be regarded as local candidate in relation to a
he/she studied in an Educational Institution or Educational Institutions in
such local area for a period of not less than 4 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. Or
Where during the whole or any part of the 4 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
Educational Institutions, if he/she had resided in that local area for a period
of not less than 4 years immediately preceding the date of commencement of the
relevant qualifying examination, in which he/she appeared or as the case may be
candidate for admission to any course of study who is not regarded as a local
candidate under sub-regulation (1) 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 7 consecutive academic years ending with academic year in which
he/she appeared or as the case may be first appeared for the relevant
qualifying examination be regarded as local candidate in relation to;
Such local area where he/she has studied for the maximum period out of the said
period of 7 years Or
Where the period of his/her study in two or more local areas are equal, such
local area where he/she has last studied in such equal periods ii) If during
the whole or any part of seven consecutive academic years ending with academic
year in which he/she appeared or as the case may be first appeared for relevant
qualifying examination, he/she has not studied in the educational institution
in any local area, but he/she has resided in the State during the whole of the
said period of 7 years be regarded as a local candidate in relation to
local area where he/she has resided for the maximum period out of the said
period of seven years. Or
the period of his/her residence in two or more local areas are equal, such
local area where he/she has resided last in such equal periods.
: (for purpose of
"Educational Institutions" means a University or any Educational
Institution recognized by the State Government, a University or any other
"Relevant qualifying examination in relation to admission to any course of
study" means the examination, a pass in which is the minimum educational
qualification for admission to such course of study.
NOTE: The relevant qualifying examination
for admission to Post-Graduate courses is MBBS examination. The question
whether the candidate is a local candidate or not will be determined with
reference to his/her first appearance in the Part II of Final MBBS examination.
In reckoning the consecutive academic years during which a candidate has
studied any period of interruption of his/her study by reasons of his/her
failure to pass any examination and any period of his/her study in a statewide
University or a statewide educational institution shall be disregarded.
status of candidates who passed MBBS 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 is
a statewide institution.
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
his/her parent or guardian.
While determining under sub-regulation (A) the number of seats to be reserved
in favour of local candidates, any fraction of seat shall be counted as one,
provided that there shall be one unreserved seat.
a local candidate in respect of a local area is not available to fill any seats
reserved or allocated in favour of local candidate in respect of that local
area such seats shall be filled in as if it had not been reserved.
The applicant who claims to be a local candidate with reference to
sub-regulation 4(C(1)(i) or 4(C)(II)(i) shall produce in the form of study
certificate/certificates issued by the Head of the Educational
Institution/Institutions concerned indicating the details of the year or years
in which the candidate has studied in educational institution in such local
area for a period of not less than 4/7 consecutive academic years ending with
the academic year in which he/she appeared or as the case may be first appeared
for the Part-II of Final MBBS examination.
who did not qualify as local candidate under sub- regulation 4(C)(1)(i) and
4(C)(II)(i) but claim to qualify by virtue of residence shall produce a
certificate issued by an officer of the Revenue Department not below the rank
of Mandal Revenue Officer independent charge of sub-taluk/Mandal in the form
annexed to G.O.P. No.628 education dated 25.7.1974 appended to application form
with necessary modification.
The following categories are eligible to apply for admission to the remaining
15% of un-reserved seats:
candidates defined under sub-regulation (C) of regulation-4 ii) Candidates who
have resided in the State for total period of ten years excluding period of
study outside the State or either of those parents have resided in the State
for a total period of ten years excluding period of employment outside the
Candidates who are children of parents who are in the employment of this State
or Central Government, Public Sector Corporation, Local Bodies, Universities
and other similar quasi-Public Institutions in the State.
Candidates, who are spouses of those in employment of this State or Central
Government, Public Sector Corporations, Local Bodies, Universities and
Educational Institutions recognized by the Government or a University or other
competent authority and similar other quasi Government Institutions within the
Candidates, who are employed in the State Government undertakings, Public
Sector Corporation, Local Bodies, Universities and other similar quasi-Public
Institutions within the State.
Candidates who are spouses of the local candidates as per regulation
State of Andhra Pradesh enacted the A.P. Educational
Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act,
1983. In exercise of its rule making power conferred upon it thereunder, the
State Government also framed the A.P. Medical College (Admissions into Post
Graduate Medical Course) Rules, 1997. By reason of G.O.Ms. No.260 dated
10.7.1997 reservation to the extent 15%, 6% and 25% of the total number of
seats was notified in each group of Degree and Diploma Courses in favour of
Scheduled Castes, Scheduled Tribes and Backward Classes respectively, to the
extent of 85% of the seats reserved in favour of the local candidates in
relation to the local areas in terms of the Presidential Order. So far as 15%
of the balance seats are concerned, the same were made unreserved i.e. seats
for open category candidates. The University of Health Sciences, Andhra Pradesh
also made regulations for admission to Post Graduate Medical Courses in the
Medical College in University of Health Sciences for the academic year 1997-98
in terms of the Presidential Order as also the 1997 Rules.
to Presidential Order of 1974, the state of Andhra Pradesh was sub-divided into
three local university areas, namely, (1) Osmania University; (2) Andhra
University and (3) Sri Venkateshwara University.
these three university areas are situated in three different regions of the
State envisaged under the Presidential Order.
perusal of the definition of local area read with Paragraphs 3, 4 and 5 of the
Presidential Order, as referred to herein before, it would be evident that 85%
of the seats are reserved for local candidates in relation to local areas. So
far as an university area is concerned, a local candidate in one particular
university area would be a non-local one in another. The criteria for admission
of a candidate in the super speciality courses in the university on the ground
of being local or non-local is, therefore directly referable to the university
area and not the boundaries of the State of Andhra Pradesh.
not the case of the respondents that the Health University regulations framed
by the state of Andhra Pradesh was violative of the Presidential Order, 1974 or
Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses)
Rules, 1997. It is further not in dispute that in terms of Rule 4 of the Andhra
Pradesh Post Graduate Admission Rules read with the Health Regulations; 85% of
the seats in each local areas are reserved for local candidates. It was not the
contention of the respondents that admissions in the courses of studies had not
been made on the basis of merit of the candidate in the entrance examination
upon following the rules of reservations nor was it the contention of the
respondents that the reservation made by the State to the extent of 46% in favour
of the reserved classes was ultra vires Articles 15 and 16 of the Constitution
of India. In the matter of admission, the Health University had followed the
procedure provided in Annexure III of G.O.(P) No. 646 dated 10.7.1979 having
regard to the fact that by reason of the Presidential Order, 1974 only 85% of
the seats are reserved in favour of the local candidates which are required to
be confined to the university area only. We, thus, do not find any legal
infirmity in the action of the appellants herein in directing that 15% reserved
for candidates of non-local area may be filled up only on merit.
371-D of the Constitution of India contains a 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 from amongst local candidates
whereas only15% of seats are to be filled up from amongst outside candidates.
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 of Article 371-D of the Constitution of India.
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 Seats have been reserved
indisputably on total available seats in each discipline and those who come
within the zone of consideration are considered for admission from amongst the
reserved category candidates. Once it is found that reservation has been made
for the reserved category candidates on the total number of seats available in
each course; the High Court must be held to have committed a manifest error in
issuing the impugned direction.
regard to the fact reservation has been provided to the extent of 46% of all
the seats, the question of any further reservation i.e. for the remaining 15%
of the seats would not arise.
High Court keeping in view the decision of this Court in Indra Sawhney vs.
Union of India and Ors. [1992 Supp (3) SCC 215] was bound to proceed on the
basis that the reservation cannot exceed 50%. In the said case it was held :
as every power must be exercised reasonably and fairly, the power conferred by
clause (4) of Article 16 should also be exercised in a fair manner and within
reasonable limits-and what is more reasonable than to say that reservation
under clause(4) shall not exceed 50% of the appointments or posts, barring
certain extraordinary situations as explained hereinafter.
50% shall be the rule, it is necessary not to put out of consideration certain
extraordinary situations inherent in the great diversity of this country and
the people. It might happen that in farflung and remote areas the population
inhabiting those areas might, on account of their being out of the mainstream
of national life and in view of conditions peculiar to and characteristical to
them, need to be treated in a different way, some relaxation in this strict
rule may become imperative. In doing so, extreme caution is to be exercised and
a special case made out." Reservation being extreme form of protective
measure or affirmative action, it should be confined to minority of seats. Even
though the Constitution does not lay down any specific bar but the
constitutional philosophy being against proportional equality the principle of
balancing equality ordains reservation, of any manner, not to exceed 50%.
supplied) In R.K. Sabharwal vs. State of Punjab [(1995) 2 SCC 745], this Court
the State Government after doing the necessary exercise makes the reservation
and provides the extent of percentage of posts to be reserved for the said
Backward Class then the percentage has to be followed strictly. The prescribed
percentage cannot be varied or changed simply because some of the members of
the Backward Class have already been appointed/promoted against the general
seats. As mentioned above the roster point which is reserved for a Backward
Class has to be filled by way of appointment/promotion of the member of the
said class. No general category candidate can be appointed against a slot in
the roster which is reserved for the backward Class. The fact that considerable
number of members of a Backward Class have been appointed/promoted against
general seats in the State Services may be a relevant factor for the State
Government to review the question of continuing reservation for the said class
but so long as the instructions/rules providing certain percentage of reservations
for the Backward Classes are operative the same have to be followed. Despite
any number of appointees/promotees belonging to the Backward Classes against
the general category posts the given percentage has to be provided in
addition." Reservation is aimed at securing equal and protective
the purpose of reservation although in a different context has been stated by
this Court in A.I.I.M.S. Students Union vs. A.I.I.M.S [ 2002 (1) SCC 428]. It
as an exception, may be justified subject to discharging the burden of proving
justification in favour of the class which must be educationally handicapped
the reservation geared up to getting over the handicap.
rationale of reservation in the case of medical students must be removal of
regional or class inadequacy or like disadvantage. Even there the quantum of
reservation should not be excessive or societally injurious. The higher the
level of the speciality the lesser the role of reservation.
apart from being sustainable on the constitutional anvil, must also be
reasonable to be permissible. In assessing the reasonability one of the factors
to be taken into consideration would be whether the character and quantum of
reservation would stall or accelerate achieving the ultimate goal of excellence
enabling the National constantly rising to higher levels.
era of globalisation, where the nation as a whole has to compete with other
nations of the world so as to survive, excellence cannot be given an
unreasonable go by and certainly not compromised in its entirety.
duties, though not enforceable by a writ of the Court, yet provide a valuable
guide and aid to interpretation of Constitutional and legal issues. In case of doubt
or choice, people's wish as manifested through Article 51-A can serve as a
guide not only for resolving the issue but also for constructing or moulding
the relief to be given by the Courts." In Marri Chandra Sekhar Rao vs.
Dean, Seth G.S. Medical College & Ors. [1990 (3) SCC 130], it was held:
must become a living reality for the large masses of the people. Those who are
unequal, in fact, cannot be treated by identical standards; that may be
equality in law but it would certainly not be real equality.
of equality of opportunity depends not merely on the absence of disabilities
but on presence of abilities.
not simply a matter of legal equality. De jure equality must ultimately find
its raison d'etre in de facto equality. The State must, therefore, resort to
compensatory State action for the purpose of making people who are factually
unequal in their wealth, education or social environment, equal in specified
necessary to take into account de facto inequalities which exist in the society
and to take affirmative action by way of giving preference and reservation to
the socially and economically disadvantaged persons or inflicting handicaps on
those more advantageously placed, in order to bring about real equality."
The principle of fixing the percentage of reservation emanates from the
doctrine of reasonableness. In Balaji vs. State of Mysore [1963 Supp. 1 SCR
439] this Court speaking through Gajendragadkar, J. struck down the Government
Order impugned therein describing it as a fraud on the Constitution and the
action of the executive was characterized as 'patently and plainly outside the
limits of the Constitutional authority conferred on the State'.
N.M. Thomas vs. State of Kerala AIR 1976 SC 490, it was held that reservation
exceeding 49% had been permitted on the ground that SCs were not castes in a
real sense and Article 16(4) was not an exception.
Iyer, J. in Karmachari Sangh AIR 1981 SC 293, however, abandoned the
aforementioned theory wherein his Lordship held that he was prepared to assume
that they were castes and in any event Article 16(4) was an exception. In the
said judgment, the final address of Dr. Ambedkar to the Constituent Assembly
was dealt with in extenso.
H.M. Seervai in his classic treatise on "Constitutional Law of
India", Fourth Edition at page 611 states:
this passage gives an incorrect impression of Dr. Ambedkar's final address. He
was not thinking of the SCs and STs or of the equality code as the following
passage clearly shows:
remember the days when politically minded Indians resented the expression 'the
people of India'. They preferred the expression "The Indian nation".
I am of the opinion that in believing that we are a nation we are cherishing a
greet delusion. How can people divided into several thousands of castes be a
nation? The sooner we realize that we are not as yet a nation in the social and
phychological sense of the word, the better for us. For, then only we shall realise
the necessity of becoming a nation and seriously think of ways and means of realising
the goal. The realisation of his goal is going to be very difficult-far more
difficult that it has been in the United States. The United States has no caste
problem. In India there are castes. The castes are anti-national. In the first
place because they bring about separation in social life.
are anti-national also because they generate jealousy and antipathy between
caste and caste. But we must overcome all these difficulties if we wish to become
a nation in reality. For, fraternity can be a fact only when there is a nation.
Without fraternity, equality and liberty will be no deeper than coats of
paint." The learned author states:
service which lacks an esprit de corps, that is, consciousness of and pride in
belonging to a particular service, lacks an element essential to an efficient
and harmonius administration. To balance the claims of these parties, in
considering reservation quotas, requires critical analysis and calm deleberation;
anger at the treatment meted out to classes to which one of the parties belongs
does not help, for anger has been rightly likened "to a hasty servant who
runs away before he has heard half the message".
it was opined:
is necessary to remember that in litigation there are more parties than one,
that it is wrong to gratify the plaintiff to the detriment of the defendant,
and that, while sympathy is a most commendable quality, it never appears in a
less attractive guise than when it is practiced at the expense of somebody
past injustice done to members of SCs and STs because of the accident of their
birth calls for condemnation, so does injustice done to members of 'advanced
classes' because of the accident of their birth.
be that members of 'advanced classes' may have to bear for a time, as best as
they can, the injustice done to them by reverse discrimination, if a long
standing historical wrong has to be righted. But 40 years have gone by since
our Constitution came into force; and every year that passes increases the
individual's sense of injustice and injury. It is submitted that Judges who
have to balance the claims of all the parties affected by any action under
Article 16(4) ought to reflect that if the injustice of the past are to be
strongly denounced now, then the future will denounce quite as strongly the
injustices suffered by members of 'advanced classes' since 1950".
Sawhney (supra) it has been clearly held that the doctrine of principles of
reservations have to be applied having regard to the vacancy position as
existing in the entire area, the only exception being the cases, which would be
falling under Article 16(4).
& Anr. vs. State of T.N. & Ors., (2001) 2 SCC 538, this Court held:
mere use of the word 'reservation' per se does not have the consequence of ipso
facto applying the entire mechanism underlying the constitutional concept of a
protective reservation specially designed for the advancement of any
socially-and-educationally-backward classes of citizens or for the Scheduled
Castes and Scheduled Tribes, to enable them to enter and adequately represent
in various fields. The meaning, content and purport of the expression will
necessarily depend upon the purpose and object with which it is used." In
the event, the ratio of the impugned judgement of the High Court is given
effect to having regard to the limited number of seats available by providing
reservation of an additional seat, principle of reservation to the extent is
50% would be violated. Furthermore, it is not for the High Court to say as to
the efficacy or otherwise of the policy of the State as regard providing for
reservation for the reserved category candidates and in that view of the matter
the High Court, in our opinion must be held to have committed a manifest error
in issuing the impugned directions, as a result whereof percentage of
reservation would exceed 46%. Such a direction by the High Court is not
contemplated in law.
impugned direction of the High Court, therefore, cannot be sustained. It is set
appeals are allowed but in the facts and circumstances of the case, there shall
be no order as to costs.