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ANDHRA PRADESH EDUCATIONAL INSTITUTIONS |
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(REGULATION OF ADMISSIONS) ORDER, 1974- |
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CONSOLIDATED AND COMPREHENSIVE |
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INSTRUCTIONS |
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[G.O. P. No. 646, dated 10th July, 1979] |
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Read :-1. G.O. Ms. No. 453, General Administration (SPF-B) Department, |
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dt.3-7-1974. . |
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2. G.O. P. No. 628, Edn. Dept., dt. 25-7-1974. |
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3. G.O. Ms. No. 749, Edn.. Dept., dt. 22-8-1974. |
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4. G.O. Ms. No. 991, Edn. Dept., dt. 18.8-1975. |
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5. G.O. Ms. No. 986, Edn. (C) Dept., dt. 21-10-1976. |
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6. G.O. Ms. No. 1106, Edn. (C) Dept., dt. 10-12-1976. |
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7. G.O. Ms. No. 1107, Edn; (C) Dept., dt. 10-12-1976. |
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8. Circular Govt. Memo. No. 4/ARC & S/77-1, General |
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Administration (ARC & S) Dept., dt..25-2-1977. |
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9. Govt. Memo. No. 2183/Wl/77-2, dt. 26-12-1977. |
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ORDER :-In exercise of the powers conferred by clauses (1) and (2) of |
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Article 371-D of the Constitution of India, the President has made, with |
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respect to the State of Andhra Pradesh, the Andhra Pradesh Educational |
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Institutions (Regulation of Admissions) Order, 1974. This Presidential Order |
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was published at pages 1383 to 1386 of the Gazette of India, Extraordinary, |
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Part II, Section 3, sub-section (i) dated the 1st July, 1974. It had come into |
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force on the same day. The Order was republished in Andhra Pradesh |
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Gazette, Extraordinary, dated the 3rd July, 1974, through the Government |
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Order first read above. A copy of the Order, as amended up-to-date is |
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appended. |
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2. The Andhra Pradesh Educational Institutions (Regulation of |
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Admissions) Order, 1974 provides for reservation of seats in favour of local |
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candidates in courses of study provided by the Universities and other |
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educational institutions subject to the control of the State Government. |
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Paragraph 9 of the Order lays down that the provisions of that Order shall |
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have effect notwithstanding anything contained in any statute ordinance, |
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rule, regulation or other order (whether made before or after the |
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commencement of the Order) in respect of admissions to any University or |
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any other educational institutions subject to the control of the State |
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Government. Paragraph 10 of the said Order, however, declares that nothing |
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in the Order shall affect the operation of any provisions made by the State |
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Government or other competent authority (whether before or after the |
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commencement of the Order) in respect of reservations in the matter of |
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admission to any University or other education Institution in favour or |
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women, socially and educationally backward classes of citizens, the Scheduled |
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Castes and the Scheduled Tribes in so far as such provisions are not |
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inconsistent with the Order. |
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3. After the coming into force of the above Presidential Order, with |
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effect from 1-7-1974, admissions to the educational institutions in the entire |
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State are to be made in the light of the provisions of the said Order. According |
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to Paragraph 4 of the Order a candidate for admission to any course of study |
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shall be regarded as a local candidate in relation to a local area,- |
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(a) If he has studied in an educational institution or educational |
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institutions in such local area for a period of not less than four |
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consecutive academic years ending with the academic year in |
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which he appeared or, as the case may be, first appeared in the |
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relevant qualifying examination; or |
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(b) where during the whole or any part of the four consecutive |
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academic years ending with the academic year in which he |
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appeared or, as the case may be, first appeared for the relevant |
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qualifying examination, he has not studied in any educational |
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institution, if he has resided in that local area for a period of not |
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less than four years immediately preceding the date of |
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commencement of the relevant qualifying examination in which |
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he appeared, or, as the case may be, first appeared. |
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4. It must be noted that para 4 (a) as extracted above covers the |
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cases of those candidates who studied in an educational institution or |
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educational institutions for a period of not less than four consecutive academic |
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years ending with the academic year in which he appeared or, as the case |
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may be, first appeared in the relevant qualifying examination, while para 4 |
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(b) applies to the case of other candidates. For purposes of para 4 (a) |
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educational institution has been defined as a University or any educational |
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institution recognised by the State Govcrnment, a University or other |
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competent authority. The eligibility of a candidate who has studied during |
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any part of the four years period in an unrecognised institution will have to |
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be dealt with under para 4 (b). While considering the eligibility of a candidate |
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to be regarded as a local candidate, under paragraph 4 (a) of the Order by |
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virtue of four consecutive years of study in a local area, it should be noted |
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that in reckoning the consecutive academic years of study, any interruption |
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in the period of his study, by reason of his fai1ure to pass any examination |
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shall be disregarded. For instance, a candidate who has studied in the IXth |
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and Xth Classes and the Junior and Senior Intermediate Classes in institutions |
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of the sale local area with a break of one year after the Xth Class on account |
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of failure to pass the Xth Class examination at the first attempt, shall be |
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regarded as a local candidate in relation to that local area for admission to a |
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degree course in any institution in that area. |
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5. The above definition of the local candidate (as it stood until it |
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was amended with effect from 25-11-1976) had given rise to certain situations |
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wherein some of the candidates belonging to the State of Andhra Pradesh. |
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who have studied or resided throughout within the State come to be regarded |
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as non-local candidates in all the local areas within the State. In order to |
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avoid such a situation, the Government of India have since issued the Andhra |
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Pradesh Educational Institutions (Regulation of Admissions) Second |
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Amendment Order, 1976 amplifying the said definition in paragraph 4 of the |
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Order |
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6. The Andhra Pradesh Educational Institutions (Regulation of |
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Admissions) Second Amendment Order, 1976 inserts a new sub-paragraph |
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in the said 1974 Order-viz., sub-paragraph (2) to Paragraph 4 thereby |
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making provision for considering the claims of persons, who under the old |
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definition would have become non-local in relation to all local areas in the |
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State. According to sub-para (2) (a) of para 4, after amendment, if such a |
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candidate has studied in educational institutions in the State for a period of |
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not less than seven consecutive academic years ending with the academic |
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year in which he appeared on, as the case may be, first appeared for the |
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relevant qualifying examination, he shall be regarded as a local candidate in |
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relation to that local area where he had studied for the longest period out of |
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the said period of seven years. In the event of the periods of study in two or |
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more local areas being equal he shall be regarded as a local candidate in |
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relation to that local area where he studied during the last of the said equal |
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periods. Clause (b) to sub-para (2) applies to a candidate who, during the |
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whole or any part of the seven consecutive academic years ending with the |
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academic year in which he appeared or as the case may be, first appeared for |
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the relevant qualifying examination has not studied in educational institutions |
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in any local area, but has resided in the State during the whole of the said |
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seven years, the candidate shall be regarded as a local candidate in relation to |
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that local area where he has resided for the longest period out of the said |
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seven year period. This residence test will be applies to candidates in whose |
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cases there is a gap in study, occasioned otherwise than by reason of failure |
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to pass in an examination, in the prescribed full term of seven years |
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immediately preceding the relevant qualifying examination. It has also been |
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provided that where the periods of residence in two or more local areas are |
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equal, such a candidate shall be regarded as a local candidate in relation to |
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the local area where he resided last in such equal periods. The application of |
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the liberalised definitions made through the Second Amendment Order are |
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illustrated by the examples given in the Annexure-I. |
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7. Through the same Second Amendment Order, 1976 referred to |
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above, Paragraph 3 of the Presidential Order has been suitably amended to |
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clarify that the local area relatable to the Andhra University shall also be the |
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local area in respect of the Nagarjuna University and that the local area |
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relatable to the Osmania University will also be the local area relatable to the |
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Kakatiya University which have been established with headquarters at |
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Kazanambur, Guntur and Warangal respectively under the relevant University |
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Acts, 1976. |
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8. "Relevant qualifying examination" has been explained in the |
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Presidential Order as the examination a pass in which is the minimum |
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educational qualification for admission to the course of study for which |
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admission is sought. For example in case of admission to the MBBS, B.Sc. |
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Course, the minimum educational qualification required at present is a pass |
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in the Intermediate examination. While a candidate who possesses B.Sc. |
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Degree will also be eligible for admission, in order to determine whether the |
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candidate is a "local candidate" or not, the period of study or residence, as |
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the case may be, immediately before the first appeared for the Intermediate |
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examination alone should be taken into consideration. Further, in the case of |
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a candidate who did not pass the minimum qualifying examination in the |
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first attempt and therefore appeared for it more than once, the period of |
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study or residence has to be computed with reference to his first appearance |
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at such examination. Candidates who do not satisfy the conditions laid |
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down in Paragraph 4 in relation to any local area shall not be regarded as |
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local candidates of the local area" |
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9. Having regard to the above, the Government have directed that |
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for the purpose of admission into educational institutions, those who claim to |
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be local candidates with reference to para 4 (1) (a) or para 4 (2) (a) of the |
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Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, |
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1974 should produce evidence in the form of study certificates issued by the |
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heads of the educational institutions concerned indicating the details of the |
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year or years in which the candidate has studied in an educational institution |
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or institutions in such local area for a period of not less than four or seven |
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consecutive academic years ending with academic year in which he appeared |
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or, as the case may be, first appeared in the relevant qualifying examination |
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Those who do not qualify as local candidates under para 4 (1) (a) or 4 (2) (a) |
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but claim to qualify by virtue of residence under para 4 (1) (b) or para 4 (2) (b) |
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of the said Order should produce a certificate issued by an Officer of the |
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Revenue Department not below the rank of Tahsildar in the form annexed |
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vide Annexure-II. |
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10. The Government have carefully considered the manner of |
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implementation of reservation in favour of local candidates provided in the |
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Presidential Order taking into account the provisions made in respect of |
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reservation in favour of Scheduled Castes, Scheduled Tribes, Backward |
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Classes, Women etc., in the State and have directed that the procedure set out |
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in the two annexures should be followed in the implementation of the |
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reservations in favour of local candidates provided under the Order. |
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Annexure-III to this Government Order will regulate admission to non-State- |
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wide Universities non-State-wide Educational Institutions subject to the |
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control of the State Government, while Annexure-IV will regulate admissions |
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to State-wide Universities and State-wide Educational Institutions. The |
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registrars of Universities in the State, the Director of Public Instruction, |
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Director of Technical Education, Director of Medical and Health Services, |
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Director of Indian Medicine and the Director of Employment and Training |
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were requested to issue suitable instructions to all the educational institutions |
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under their control to follow the procedure laid down in Annexures-III and |
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IV in the matter of admission of local candidates in pursuance of the Andhra |
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Pradesh Educational Institutions (Regulation of admissions) Order, 1974. |
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11. As clarifications were being sought on the question as to who |
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should be considered eligible to apply as candidates belonging to the State of |
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Andhra Pradesh for the purpose of admission to courses of studies offered by |
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educational institutions, subject to the control of the State Government |
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against the 15% of the available seats kept unreserved in terms of the Andhra |
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Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 the |
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Government after careful consideration have directed that the following |
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categories of candidates may be treated as eligible to apply for admissions to |
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educational institutions in the State, subject to the control of the State |
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Government, as candidates belonging to the State of Andhra Pradesh against |
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the 15% of the available seats left unreserved in terms of the Presidential |
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Order: |
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(i) All local candidates defined in the Presidential Order; |
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(ii) Candidates who have resided in the State for a total period of |
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ten years excluding periods of study outside the State; or either |
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of whose parents have resided in the State for a total period of |
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ten years excluding periods of employment outside the State; |
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(iii) Candidates who are children of parents who are in the |
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employment of this State or Central Government, Public Sector |
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corporations, Local Bodies, Universities and other similar quasi- |
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Public Institutions within the State; and |
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(iv) Candidates who are spouses of those in the employment of |
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this State or Central Government, Public Sector Corporations, |
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Local Bodies, Universities and educational institutions recognised |
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by the Government a University or other competent authority |
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and similar other quasi-Government institutions within the |
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State, |
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12. It has been decided that persons in the employment of this State |
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or Central Government, Public Sector Corporations, Local Bodies, Universities |
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and other similar Quasi-Public Institutions, within the State may be treated |
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as eligible to apply for admission to the part-time course of study offered by |
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the educational institutions in the State subject to the control of the State |
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Government as candidates belonging to the State of Andhra Pradesh. |
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13. The Government consider that in the large majority of cases |
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falling under the above categories, "nativity" may not be in doubt. The |
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Heads of Educational Institutions or other admission authorities may call for |
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appropriate certificates of study /residence or employment in cases of doubt. |
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14. In pursuance of the instructions in the Memo eighth cited that a |
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consolidated, single, self contained order, in supersession of all previous |
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instructions on the subject may be issued which should be a comprehensive, |
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self contained and unequivocal order avoiding reference to the previous |
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order, these orders are Issued in regard to the circulars on Andhra Pradesh |
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Educational Institutions (Regulation of Admissions) Order, 1974. |
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. |
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ANNEXURE-I |
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Example 1 :- |
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'A' studied for 3 years in the Andhra University local area, for 2 years |
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in the Osmania University local area, and again for 2 years in the Andhra |
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University local area immediately preceding the qualifying examination. He |
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does not qualify himself as a local candidate of any local area in the State |
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under para 4 (1) of the Order. He will therefore be treated as a local |
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candidate of the Andhra University local area since he has studied for the |
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longest period of 5 years within a period of 7 years before the relevant |
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qualifying examination in that local area-Vide Paragraph 4 (2) (a) (i). |
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Example 2 ;- |
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'B' studied for the first 3 years in Andhra University local area next 3 |
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years in the Osmania University area and thereafter 1 year in the Sri |
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Venkateswara University local area. He does not qualify himself as a local |
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candidate of any local area in the State under para 4 (1) of the Order. He will |
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therefore be treated as a local candidate of the Osmania University local area |
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as in the last of the two equal periods within the relevant period of 7 years he |
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Studied in that local area-Vide para 4 (2) (a) (ii). |
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Example 3 ;- |
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C studied for 1 year in Andhra University local area, then 2 years in |
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Sri Venkateswara University local area, 2 years again in Andhra University |
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local area and 1 year in the Sri Vekateswara University local area and finally |
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1 year in the Osmania University local area. He does not qualify as a local |
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candidate of any local area in the State under sub-para (1) of para 4. He will |
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therefore be regarded as a local candidate of the Sri Venkateswara University |
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local area as during the last of the equal periods of (3 years each) after |
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computation of the periods of studies within the relevant 7 years period he |
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Studied in that local area-Vide para 4 (2) (a) (ii). |
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Example 4 :- |
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'D' did not study in any educational institutions for one year due to |
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illness/poverty during the 7 consecutive academic years ending with the |
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academic year in which he appeared or, as the case may be, first appeared for |
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the relevant qualifying examination, but resided in the State during the |
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whole of the 7 years period. He resided and studied in Andhra University |
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local area for 3 years, later on he shifted to the Sri Venkateswara University |
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local area where he studied and resided for one year; he thereafter shifted |
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back to the Andhra University local area again and studied and resided there |
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for 2 years with a gap of one year during which also he resided in the Andhra |
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University area. 'D' does not therefore qualify himself as a local candidate of |
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any local area in the State under para 4 (1) of the Order. He will be regarded |
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as the local candidate of the Andhra University local area as he has resided |
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for the longest period of 6 years within the period of 7 years immediately |
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preceding the relevant qualifying examination-Vide para 4 (2) (b) (i). |
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Example 5 :- |
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'E' did not study in any educational institution for one year on account |
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of illness/poverty during the relevant 7 years period preceding the relevant |
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qualifying examination but resided in the State during the whole of the said |
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period. He studied and resided for 2 years in the Andhra University local |
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area, he did not study for 1 year thereafter, but resided in the Andhra |
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University local area, then studied and resided for 3 years in the Osmania ' |
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University local area and lastly one year in the Sri Venkateswara University |
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local area. He does not therefore qualify himself as a local candidate of any |
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local area in the State under para 4 (1) of the Order. He will be regarded as |
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the local candidate of the Osmania University local area as during the last of |
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the 2 equal periods (of 3 years each) of his residence within the period of 7 |
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years he was in that local area-vide para 4 (2) (b) (ii). |
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Example 6 :- |
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'F' had a gap in his study on account of poverty/illness for a period of |
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one year during the 7 consecutive academic years ending with the academic |
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year in which he appeared or first appeared for the relevant qualifying |
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examination but has resided in the State during the whole of the 7 years |
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period. He studied and resided for one year in the Andhra University local |
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area, did not study the next one year due to poverty or illness but resided |
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during the period in Andhra University local area, then studied and resided |
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in the Sri Venkateswara University local area, for 2 years, came back to the |
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Andhra University local area and studied and resided therefore 1 year, later |
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again studied and resided in the Sri Venkateswara University local area for 1 |
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year and during the last year he studied and resided in Osmania University |
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local area. He does not qualify as a local candidate of any local area in the |
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State under para 4 (1). He should be regarded as a local candidate of the Sri |
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Venkateswara University local area as during the last of the equal periods (of |
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3 years) after computation within the 7 years period he was within that |
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area-vide para 4 (2) (b) (ii). |
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ANNEXURE-II |
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Admission for . Course |
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It is hereby certified- |
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(a) that Son of/daughter |
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of .. a candidate for admission |
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the . course, appeared for the first time for |
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the examination (being the minimum |
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qualifying examination for admission to the course mentioned |
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above) in (month) .. (year). |
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(b) that he/she has not studied in any educational institution during |
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the whole/a part of the *4/7 consecutive academic years ending |
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With the academic year in which he/ she first appeared for the |
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aforesaid examination. |
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(c) that in the *4/7 years immediately proceeding the commencement |
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of the aforesaid examination, he/she has resided in the following |
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place/places falling within the local area in respect of the |
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.. University, namely: |
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2. The above candidate is, therefore, a local candidate in relation to |
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the local area specified in paragraph **3 (1)/3 (2)/3 (3) of the Andhra Pradesh |
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Educational Institutions (Regulation of Admissions) Order, 1974. |
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Office Seal Officer of Revenue Department |
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not below the rank of Tahsildar |
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*N.B. :- Candidates claiming local candidature with reference to para 4 (I) (b) of the |
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Order need furnish particulars of residence for 4 years but those claiming candidature |
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under para 4 (2) (b) should furnish for 7 years. |
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**Score off the ones not applicable. |
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+ Andhra (Nagarjuna/Osmania (Kakatiya/Sri Venkateswara |
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ANNEXURE-III |
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Procedure for implementation of the reservation in favour of local |
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candidates provided under the Andhra Pradesh Educational Institutions |
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(Regulation of Admissions) Order, 1974 in respect of Non-State-wide |
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Universities and other non-State-wide Educational Institutions (which |
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are subject to the control of the State Government) |
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1. The number of "available seats" in the course of study shall first |
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be computed by deducting from the total number of seats |
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provided in that course, the number of seats reserved for |
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candidates from outside the State. |
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2. The number of seats reserved in favour of local candidates in |
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relation to the local area in respect of the University or other |
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educational institution concerned shall then be determined; this |
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number shall be 85% of the available seats, any fraction of a seat |
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being counted as one provided that there shall be at least one |
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unreserved seat. |
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3. From amongst all eligible applicants, whether such applicants |
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are local candidates or not, a provisional list of admission to file |
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all the available seats shall be drawn up. This provisional list |
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shall be prepared on the basis of the relative merits of all eligible |
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applicants and the reservations in favour of Scheduled Castes, |
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Scheduled Tribes, Backward Classes, Women etc., as provided |
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under the relevant rules of admission. The candidates included |
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in the provisional admission list shall be arrange in order of |
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merit or where the rules of admission provide for their |
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arrangement if any other order, in the order so provided. |
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4. The provisional admission list shall be scrutinised to ascertain |
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the number of local candidates finding a place in that list. If the |
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number of local candidates finding a place in the provisional |
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admission list equals or exceeds the number of seats reserved in |
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favour of local candidates, such provisional admission list shall |
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be deemed to be the final admission list. |
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5. If, however, on the scrutiny referred to in para 4, it is found that |
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the number of local candidates finding a place in the said |
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provisional admission list falls short of the number of seats |
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reserved in favour of local candidates, the local candidates not |
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included in the provisional admission list shall be arranged in |
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order of merit in a separate list referred to as a Reminder List. |
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Thereafter, the candidates other than local candidates (referred |
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to as 'non-local' candidates) finding a place in the provisional |
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admission list shall be successively eliminated in reverse order |
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from the bottom of such list and replaced by local candidates |
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selected in order of merit from the Remainder List, so, however, |
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that the provisions in the rules of admission for reservation in |
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favour of Scheduled Castes, Scheduled Tribes, Backward Classes, |
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women, etc., are observed to the extent that they are not |
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inconsistent with the provisions of the Andhra Pradesh |
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Educational Institutions (Regulation of Admissions) Order, 1974. |
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This process of successive elimination of non-local candidates |
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and their replacement by local candidates shall be continued |
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Until the number of local candidates in the provisional admission |
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list equals the number of seats reserved for such candidates. At |
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that stage, the provisional admission list as so modified shall be |
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deemed to be the final admission list. |
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ILLUSTRATIONS |
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. |
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Illustration 'A':- |
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The number of available seats in a course of study is 101, then the |
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number of seats reserved in favour of local candidates will be 85% of 101 with |
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the fraction being counted as one. Thus, the number of seats reserved in |
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favour of local candidates will be 86. If in the provisional admission list the |
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number of local candidates equals or exceeds 86 such provisional admission |
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list shall be deemed to be the final admission list. |
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Illustration 'B' :- |
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If, in the case referred to under Illustration 'A' the number of local |
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candidates in the provisional admission list is 84, the 2 non-local candidates |
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at the bottom of the provisional admission list shall be eliminated and |
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replaced by 2 local candidates from the Remainder list. The provisional list |
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so modified shall be deemed to be the final admission list. |
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Illustration C:- |
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If in the case referred to under Illustration 'B' above one of the non- |
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local candidates at the bottom of the provisional admission list who is |
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proposed to be eliminated is a Scheduled Caste candidate whose replacement |
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by Non-Scheduled Caste candidate will violate the rule of reservation in |
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Favour of Scheduled Castes, such non-local Scheduled Caste candidates shall |
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be replaced by the first available local Scheduled Caste candidates in the |
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Remainder list. . |
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Illustration 'D':- |
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If in the case referred to under Illustration 'C', above, it is found that |
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there is no local Scheduled Caste candidate available in the remainder list to |
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replace the non-local Scheduled Caste candidate, then the non-local Scheduled |
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Caste candidate in the provisional admission list shall be allowed to remain |
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in such list and the non-local non-Scheduled Caste candidate immediately |
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Above him in such list shall be eliminated and replaced by a local candidate |
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from the remainder list. |
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ANNEXURE-IV |
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|
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|
Procedure for implementation of the reservation in favour of local |
|||
|
candidates provided under the Andhra Pradesh Educational Institutions |
|||
|
(Regulation of Admissions) Order, 1974 in respect of State-wide |
|||
|
Universities and State-wide Educational Institutions (which are subject |
|||
|
to the control of the State Government) |
|||
|
|
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|
1. The number of available seats in the course of study shall first be |
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|
computed by deducting from the total number of seats provided |
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|
in that course the number of seats reserved for candidates from |
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|
outside the State. |
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2. If the number of available seats does not exceed 3 the provisions |
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relating to reservation in favour of local candidates shall not |
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apply to such course. Where, however, the number of available |
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seats exceeds 3 further action should be taken in the manner set |
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out in the following paragraph. |
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3. The number of seats reserved in the aggregate in favour of local |
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candidates in relation to all the three University local areas, |
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namely the Andhra University area, the Osmania University |
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area and Sri Venkateswara University area shall be determined; |
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this number shall be 85% of the available seats, any fraction of a |
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seat being counted as one, provided that there shall be atleast |
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one unreserved seat. |
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4. The number of seats reserved in the aggregate in favour of local |
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candidates of all the three University areas having been |
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determined as provided under paragraph 3, the number of such |
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reserved seats allocated in favour of the candidates of each of |
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the three University areas shall then be determined. For this |
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purpose the number of reserved seats shall be allocated amongst |
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the local candidates of the Andhra University, Osmania |
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University and Sri Venkateswara University local areas in the |
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ratio of 42 : 36 : 22 respectively. While allocating the reserved |
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seats, fractions of a seat shall be adjusted by counting the greatest |
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fraction as one and if necessary also the greater of remaining |
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fractions as another, and where the fraction to be so counted |
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cannot be selected by reason of fractions being equal, the selection |
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shall be by lot | |||