In a historic Judgement High court of Andhra Pradesh and Telangana made it clear once for all that Presidential Order issued under Article 371D of the Constitution is not applicable in NEET SS counselling matter. The Order reads “It is relevant to note that Article 371-D affords immunity to reservation on the basis of domicile, notwithstanding anything contained in any other part of the Constitution. In fact, the scope and effect of the Presidential Orders issued under Article 371-D of the Constitution already came up for consideration before the Supreme Court while dealing with the question of National Entrance cum Eligibility Test”
The 53 page Judgement Further reads “As a matter of fact, we have our own reservations on this
issue. Article 371-D was inserted, with the avowed object of removing regional imbalances within the combined State. It was not introduced for the purpose of removing the imbalances between the State of Andhra Pradesh vis-à-vis other States of the country. Therefore, the process of rationalization through nationalization, of admission to super specialities, should not normally be scuttled by any regional sentiments”
Another Interesting Remark that this Judgement made is quoted as “While the cry of the petitioners in the first writ petition is “all that is here is ours”, the cry of the petitioners in the other five writ petitions is “all that is there outside, shall also be made available to be shared by us”. Hence Overall it was a fight between the AP/ Telangana Brotherhood Vs AP/ Telangaana Nationalism. (The word Nationalism was too often used in the Judgement)
The Judge was also very truthful in her judgement in Quoting that “To be honest and truthful to our conscience, we should admit that we have understood the consequences of our own interim order, only after the impugned orders of cancellation of admission were passed by the National Board of Examinations”
Accordingly, the interim order passed earlier is vacated. The MOHFW/ MMC/ NBE is free to make allotment through common counselling at the National level even for the seats in the medical colleges affiliated to the two Universities in two States. The modified First round result without AP/ Telangana students stands cancelled and the initial Fist round result stands implemented.
The Judgement also Quoted the Social implication and conclusion of the same ““….The people in the States are caught in a happy network of mutuality, woven into a lovely garment of humanity, whose warp and woof is India. This is the underlying fundamental of the preambular resolve registered in our National Parchment. So we insist that blind and bigoted local patriotism in xenophobic exclusivism is destructive of our Freedom and only if compelling considerations of gross injustice, desperate backwardness and glaring inequality desiderate such a purposeful course can protective discrimination gain entrance into the portals of college campuses….”