ANDHRA PRADESH EDUCATIONAL INSTITUTIONS

(REGULATION OF ADMISSIONS) ORDER, 1974-

CONSOLIDATED AND COMPREHENSIVE

INSTRUCTIONS

 

 

[G.O. P. No. 646, dated 10th July, 1979]

 

Read :-1. G.O. Ms. No. 453, General Administration (SPF-B) Department,

                dt.3-7-1974. .

            2. G.O. P. No. 628, Edn. Dept., dt. 25-7-1974.

            3. G.O. Ms. No. 749, Edn.. Dept., dt. 22-8-1974.

            4. G.O. Ms. No. 991, Edn. Dept., dt. 18.8-1975.

            5. G.O. Ms. No. 986, Edn. (C) Dept., dt. 21-10-1976.

            6. G.O. Ms. No. 1106, Edn. (C) Dept., dt. 10-12-1976.

            7. G.O. Ms. No. 1107, Edn; (C) Dept., dt. 10-12-1976.

            8. Circular Govt. Memo. No. 4/ARC & S/77-1, General

                Administration (ARC & S) Dept., dt..25-2-1977.

            9. Govt. Memo. No. 2183/Wl/77-2, dt. 26-12-1977.

 

ORDER :-In exercise of the powers conferred by clauses (1) and (2) of

Article 371-D of the Constitution of India, the President has made, with

respect to the State of Andhra Pradesh, the Andhra Pradesh Educational

Institutions (Regulation of Admissions) Order, 1974. This Presidential Order

was published at pages 1383 to 1386 of the Gazette of India, Extraordinary,

Part II, Section 3, sub-section (i) dated the 1st July, 1974. It had come into

force on the same day. The Order was republished in Andhra Pradesh

Gazette, Extraordinary, dated the 3rd July, 1974, through the Government

Order first read above. A copy of the Order, as amended up-to-date is

appended.

 

2. The Andhra Pradesh Educational Institutions (Regulation of

Admissions) Order, 1974 provides for reservation of seats in favour of local

candidates in courses of study provided by the Universities and other

educational institutions subject to the control of the State Government.

Paragraph 9 of the Order lays down that the provisions of that Order shall

have effect notwithstanding anything contained in any statute ordinance,

rule, regulation or other order (whether made before or after the

commencement of the Order) in respect of admissions to any University or

any other educational institutions subject to the control of the State

Government. Paragraph 10 of the said Order, however, declares 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

admission to any University or other education Institution in favour or

women, socially and educationally backward classes of citizens, the Scheduled

Castes and the Scheduled Tribes in so far as such provisions are not

inconsistent with the Order.

 

3. After the coming into force of the above Presidential Order, with

effect from 1-7-1974, admissions to the educational institutions in the entire

State are to be made in the light of the provisions of the said Order. According

to Paragraph 4 of the Order a candidate for admission to any course of study

shall be regarded as a local candidate in relation to a local area,-

 

(a) If he has studied in an 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

                 which he appeared or, as the case may be, first appeared in the

                 relevant qualifying examination; or

 

           (b) where during the whole or any part of the four consecutive

                 academic years ending with the academic year in which he

                 appeared or, as the case may be, first appeared for the relevant

                 qualifying examination, he has not studied in any educational

                 institution, if he 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 appeared, or, as the case may be, first appeared.

 

 

4. It must be noted that para 4 (a) as extracted above covers the

cases of those candidates who studied in an educational institution or

educational institutions for a period of not less than four consecutive academic

years ending with the academic year in which he appeared or, as the case

may be, first appeared in the relevant qualifying examination, while para 4

(b) applies to the case of other candidates. For purposes of para 4 (a)

educational institution has been defined as a University or any educational

institution recognised by the State Govcrnment, a University or other

competent authority. The eligibility of a candidate who has studied during

any part of the four years period in an unrecognised institution will have to

be dealt with under para 4 (b). While considering the eligibility of a candidate

to be regarded as a local candidate, under paragraph 4 (a) of the Order by

virtue of four consecutive years of study in a local area, it should be noted

that in reckoning the consecutive academic years of study, any interruption

in the period of his study, by reason of his fai1ure to pass any examination

shall be disregarded. For instance, a candidate who has studied in the IXth

and Xth Classes and the Junior and Senior Intermediate Classes in institutions

of the sale local area with a break of one year after the Xth Class on account

of failure to pass the Xth Class examination at the first attempt, shall be

regarded as a local candidate in relation to that local area for admission to a

degree course in any institution in that area.

 

5. The above definition of the local candidate (as it stood until it

was amended with effect from 25-11-1976) had given rise to certain situations

wherein some of the candidates belonging to the State of Andhra Pradesh.

who have studied or resided throughout within the State come to be regarded

as non-local candidates in all the local areas within the State. In order to

avoid such a situation, the Government of India have since issued the Andhra

Pradesh Educational Institutions (Regulation of Admissions) Second

Amendment Order, 1976 amplifying the said definition in paragraph 4 of the

Order

 

6. The Andhra Pradesh Educational Institutions (Regulation of

Admissions) Second Amendment Order, 1976 inserts a new sub-paragraph

in the said 1974 Order-viz., sub-paragraph (2) to Paragraph 4 thereby

making provision for considering the claims of persons, who under the old

definition would have become non-local in relation to all local areas in the

State. According to sub-para (2) (a) of para 4, after amendment, if such a

candidate 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 appeared on, as the case may be, first appeared for the

relevant qualifying examination, he shall be regarded as a local candidate in

relation to that local area where he had studied for the longest period out of

the said period of seven years. In the event of the periods of study in two or

more local areas being equal he shall be regarded as a local candidate in

relation to that local area where he studied during the last of the said equal

periods. Clause (b) to sub-para (2) applies to a candidate who, during the

whole or any part of the seven consecutive academic years ending with the

academic year in which he appeared or as the case may be, first appeared for

the relevant qualifying examination has not studied in educational institutions

in any local area, but has resided in the State during the whole of the said

seven years, the candidate shall be regarded as a local candidate in relation to

that local area where he has resided for the longest period out of the said

seven year period. This residence test will be applies to candidates in whose

cases there is a gap in study, occasioned otherwise than by reason of failure

to pass in an examination, in the prescribed full term of seven years

immediately preceding the relevant qualifying examination. It has also been

provided that where the periods of residence in two or more local areas are

equal, such a candidate shall be regarded as a local candidate in relation to

the local area where he resided last in such equal periods. The application of

the liberalised definitions made through the Second Amendment Order are

illustrated by the examples given in the Annexure-I.

 

7. Through the same Second Amendment Order, 1976 referred to

above, Paragraph 3 of the Presidential Order has been suitably amended to

clarify that the local area relatable to the Andhra University shall also be the

local area in respect of the Nagarjuna University and that the local area

relatable to the Osmania University will also be the local area relatable to the

Kakatiya University which have been established with headquarters at

Kazanambur, Guntur and Warangal respectively under the relevant University

Acts, 1976.

 

8. "Relevant qualifying examination" has been explained in the

Presidential Order as the examination a pass in which is the minimum

educational qualification for admission to the course of study for which

admission is sought. For example in case of admission to the MBBS, B.Sc.

Course, the minimum educational qualification required at present is a pass

in the Intermediate examination. While a candidate who possesses B.Sc.

Degree will also be eligible for admission, in order to determine whether the

candidate is a "local candidate" or not, the period of study or residence, as

the case may be, immediately before the first appeared for the Intermediate

examination alone should be taken into consideration. Further, in the case of

a candidate who did not pass the minimum qualifying examination in the

first attempt and therefore appeared for it more than once, the period of

study or residence has to be computed with reference to his first appearance

at such examination. Candidates who do not satisfy the conditions laid

down in Paragraph 4 in relation to any local area shall not be regarded as

local candidates of the local area"

 

9. Having regard to the above, the Government have directed that

for the purpose of admission into educational institutions, those who claim to

be local candidates with reference to para 4 (1) (a) or para 4 (2) (a) of the

Andhra Pradesh Educational Institutions (Regulation of Admissions) Order,

1974 should produce evidence in the form of study certificates issued by the

heads of the educational institutions concerned indicating the details of the

year or years in which the candidate has studied in an educational institution

or institutions in such local area for a period of not less than four or seven

consecutive academic years ending with academic year in which he appeared

or, as the case may be, first appeared in the relevant qualifying examination

Those who do not qualify as local candidates under para 4 (1) (a) or 4 (2) (a)

but claim to qualify by virtue of residence under para 4 (1) (b) or para 4 (2) (b)

of the said Order should produce a certificate issued by an Officer of the

Revenue Department not below the rank of Tahsildar in the form annexed

vide Annexure-II.

 

10. The Government have carefully considered the manner of

implementation of reservation in favour of local candidates provided in the

Presidential Order taking into account the provisions made in respect of

reservation in favour of Scheduled Castes, Scheduled Tribes, Backward

Classes, Women etc., in the State and have directed that the procedure set out

in the two annexures should be followed in the implementation of the

reservations in favour of local candidates provided under the Order.

Annexure-III to this Government Order will regulate admission to non-State-

wide Universities non-State-wide Educational Institutions subject to the

control of the State Government, while Annexure-IV will regulate admissions

to State-wide Universities and State-wide Educational Institutions. The

registrars of Universities in the State, the Director of Public Instruction,

Director of Technical Education, Director of Medical and Health Services,

Director of Indian Medicine and the Director of Employment and Training

were requested to issue suitable instructions to all the educational institutions

under their control to follow the procedure laid down in Annexures-III and

IV in the matter of admission of local candidates in pursuance of the Andhra

Pradesh Educational Institutions (Regulation of admissions) Order, 1974.

 

11. As clarifications were being sought on the question as to who

should be considered eligible to apply as candidates belonging to the State of

Andhra Pradesh for the purpose of admission to courses of studies offered by

educational institutions, subject to the control of the State Government

against the 15% of the available seats kept unreserved in terms of the Andhra

Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 the

Government after careful consideration have directed that the following

categories of candidates may be treated as eligible to apply for admissions to

educational institutions in the State, subject to the control of the State

Government, as candidates belonging to the State of Andhra Pradesh against

the 15% of the available seats left unreserved in terms of the Presidential

Order:

 

(i) All local candidates defined in the Presidential Order;

 

(ii) Candidates who have resided in the State for a total period of

      ten years excluding periods of study outside the State; or either

      of whose parents have resided in the State for a total period of

      ten years excluding periods of employment outside the State;

 

(iii) Candidates who are children of parents who are in the

       employment of this State or Central Government, Public Sector

       corporations, Local Bodies, Universities and other similar quasi-

       Public Institutions within the State; and

 

(iv) Candidates who are spouses of those in the employment of

       this State or Central Government, Public Sector Corporations,

       Local Bodies, Universities and educational institutions recognised

       by the Government a University or other competent authority

       and similar other quasi-Government institutions within the

       State,

 

12. It has been decided that persons in the employment of this State

or Central Government, Public Sector Corporations, Local Bodies, Universities

and other similar Quasi-Public Institutions, within the State may be treated

as eligible to apply for admission to the part-time course of study offered by

the educational institutions in the State subject to the control of the State

Government as candidates belonging to the State of Andhra Pradesh.

 

13. The Government consider that in the large majority of cases

falling under the above categories, "nativity" may not be in doubt. The

Heads of Educational Institutions or other admission authorities may call for

appropriate certificates of study /residence or employment in cases of doubt.

 

14. In pursuance of the instructions in the Memo eighth cited that a

consolidated, single, self contained order, in supersession of all previous

instructions on the subject may be issued which should be a comprehensive,

self contained and unequivocal order avoiding reference to the previous

order, these orders are Issued in regard to the circulars on Andhra Pradesh

Educational Institutions (Regulation of Admissions) Order, 1974.

.

.

ANNEXURE-I

 

Example 1 :-

 

            'A' studied for 3 years in the Andhra University local area, for 2 years

in the Osmania University local area, and again for 2 years in the Andhra

University local area immediately preceding the qualifying examination. He

does not qualify himself as a local candidate of any local area in the State

under para 4 (1) of the Order. He will therefore be treated as a local

candidate of the Andhra University local area since he has studied for the

longest period of 5 years within a period of 7 years before the relevant

qualifying examination in that local area-Vide Paragraph 4 (2) (a) (i).

 

Example 2 ;-

 

            'B' studied for the first 3 years in Andhra University local area next 3

years in the Osmania University area and thereafter 1 year in the Sri

Venkateswara University local area. He does not qualify himself as a local

candidate of any local area in the State under para 4 (1) of the Order. He will

therefore be treated as a local candidate of the Osmania University local area

as in the last of the two equal periods within the relevant period of 7 years he

Studied in that local area-Vide para 4 (2) (a) (ii).

 

 

 

Example 3 ;-

 

            ‘C’ studied for 1 year in Andhra University local area, then 2 years in

Sri Venkateswara University local area, 2 years again in Andhra University

local area and 1 year in the Sri Vekateswara University local area and finally

1 year in the Osmania University local area. He does not qualify as a local

candidate of any local area in the State under sub-para (1) of para 4. He will

therefore be regarded as a local candidate of the Sri Venkateswara University

local area as during the last of the equal periods of (3 years each) after

computation of the periods of studies within the relevant 7 years period he

Studied in that local area-Vide para 4 (2) (a) (ii).

 

Example 4 :-

 

            'D' did not study in any educational institutions for one year due to

illness/poverty during the 7 consecutive academic years ending with the

academic year in which he appeared or, as the case may be, first appeared for

the relevant qualifying examination, but resided in the State during the

whole of the 7 years period. He resided and studied in Andhra University

local area for 3 years, later on he shifted to the Sri Venkateswara University

local area where he studied and resided for one year; he thereafter shifted

back to the Andhra University local area again and studied and resided there

for 2 years with a gap of one year during which also he resided in the Andhra

University area. 'D' does not therefore qualify himself as a local candidate of

any local area in the State under para 4 (1) of the Order. He will be regarded

as the local candidate of the Andhra University local area as he has resided

for the longest period of 6 years within the period of 7 years immediately

preceding the relevant qualifying examination-Vide para 4 (2) (b) (i).

 

Example 5 :-

 

            'E' did not study in any educational institution for one year on account

of illness/poverty during the relevant 7 years period preceding the relevant

qualifying examination but resided in the State during the whole of the said

period. He studied and resided for 2 years in the Andhra University local

area, he did not study for 1 year thereafter, but resided in the Andhra

University local area, then studied and resided for 3 years in the Osmania '

University local area and lastly one year in the Sri Venkateswara University

local area. He does not therefore qualify himself as a local candidate of any

local area in the State under para 4 (1) of the Order. He will be regarded as

the local candidate of the Osmania University local area as during the last of

the 2 equal periods (of 3 years each) of his residence within the period of 7

years he was in that local area-vide para 4 (2) (b) (ii).

 

 

 

Example 6 :-

 

            'F' had a gap in his study on account of poverty/illness for a period of

one year during the 7 consecutive academic years ending with the academic

year in which he appeared or first appeared for the relevant qualifying

examination but has resided in the State during the whole of the 7 years

period. He studied and resided for one year in the Andhra University local

area, did not study the next one year due to poverty or illness but resided

during the period in Andhra University local area, then studied and resided

in the Sri Venkateswara University local area, for 2 years, came back to the

Andhra University local area and studied and resided therefore 1 year, later

again studied and resided in the Sri Venkateswara University local area for 1

year and during the last year he studied and resided in Osmania University

local area. He does not qualify as a local candidate of any local area in the

State under para 4 (1). He should be regarded as a local candidate of the Sri

Venkateswara University local area as during the last of the equal periods (of

3 years) after computation within the 7 years period he was within that

area-vide para 4 (2) (b) (ii).

 

 

ANNEXURE-II

 

Admission for ………………………………. Course

 

It is hereby certified-

 

(a) that …………………………………………………Son of/daughter

     of …………………………………………….. a candidate for admission

     the ………………………………. course, appeared for the first time for

     the …………………………………… examination (being the minimum

     qualifying examination for admission to the course mentioned

     above) in …………… (month) ………………..  (year).

 

(b) that he/she has not studied in any educational institution during

     the whole/a part of the *4/7 consecutive academic years ending

     With the academic year in which he/ she first appeared for the

     aforesaid examination.

 

(c) that in the *4/7 years immediately proceeding the commencement

     of the aforesaid examination, he/she has resided in the following

     place/places falling within the local area in respect of the

     ………………………………………………….. University, namely:

 

 

 

 

 

Sl. No                   Village                  Taluk                     District                     Period

 

1.

 

2.

 

3.

 

4.

 

5.

 

6.

 

7.

 

2. The above candidate is, therefore, a local candidate in relation to

the local area specified in paragraph **3 (1)/3 (2)/3 (3) of the Andhra Pradesh

Educational Institutions (Regulation of Admissions) Order, 1974.

 

 

Office Seal                                                                   Officer of Revenue Department

 

 not below the rank of Tahsildar

 

*N.B. :- Candidates claiming local candidature with reference to para 4 (I) (b) of the

Order need furnish particulars of residence for 4 years but those claiming candidature

under para 4 (2) (b) should furnish for 7 years.

**Score off the ones not applicable.

+ Andhra (Nagarjuna/Osmania (Kakatiya/Sri Venkateswara

 

 

ANNEXURE-III

 

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 Non-State-wide

Universities and other non-State-wide Educational Institutions (which

are subject to the control of the State Government)

 

1. The number of "available seats" in the course of study shall first

     be computed by deducting from the total number of seats

     provided in that course, the number of seats reserved for

     candidates from outside the State.

 

2. The number of seats reserved in favour of local candidates in

     relation to the 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.

 

3. From amongst all eligible applicants, whether such applicants

    are local candidates or not, a provisional list of admission to file

    all the available seats shall be drawn up. This provisional list

    shall be prepared on the basis of the relative merits of all eligible

    applicants and the reservations in favour of Scheduled Castes,

    Scheduled Tribes, Backward Classes, Women etc., as provided

    under the relevant rules of admission. The candidates included

    in the provisional admission list shall be arrange in order of

    merit or where the rules of admission provide for their

    arrangement if any other order, in the order so provided.

 

4. The provisional admission list shall be scrutinised to ascertain

    the number of local candidates finding a place in that list. If the

    number of local candidates finding a place in the provisional

    admission list equals or exceeds the number of seats reserved in

    favour of local candidates, such provisional admission list shall

    be deemed to be the final admission list.

 

5. If, however, on the scrutiny referred to in para 4, it is found that

    the number of local candidates finding a place in the said

    provisional admission list falls short of the number of seats

    reserved in favour of local candidates, the local candidates not

    included in the provisional admission list shall be arranged in

    order of merit in a separate list referred to as a Reminder List.

    Thereafter, the candidates other than local candidates (referred

    to as 'non-local' candidates) finding a place in the provisional

    admission list shall be successively eliminated in reverse order

    from the bottom of such list and replaced by local candidates

    selected in order of merit from the Remainder List, so, however,

    that the provisions in the rules of admission for reservation in

    favour of Scheduled Castes, Scheduled Tribes, Backward Classes,

    women, etc., are observed to the extent that they are not

    inconsistent with the provisions of the Andhra Pradesh

    Educational Institutions (Regulation of Admissions) Order, 1974.

    This process of successive elimination of non-local candidates

    and their replacement by local candidates shall be continued

    Until the number of local candidates in the provisional admission

    list equals the number of seats reserved for such candidates. At

    that stage, the provisional admission list as so modified shall be

   deemed to be the final admission list.

 

 

ILLUSTRATIONS

.

Illustration 'A':-

 

         The number of available seats in a course of study is 101, then the

number of seats reserved in favour of local candidates will be 85% of 101 with

the fraction being counted as one. Thus, the number of seats reserved in

favour of local candidates will be 86. If in the provisional admission list the

number of local candidates equals or exceeds 86 such provisional admission

list shall be deemed to be the final admission list.

 

 

Illustration 'B' :-

 

         If, in the case referred to under Illustration 'A' the number of local

candidates in the provisional admission list is 84, the 2 non-local candidates

at the bottom of the provisional admission list shall be eliminated and

replaced by 2 local candidates from the Remainder list. The provisional list

so modified shall be deemed to be the final admission list.

 

Illustration ‘C’:-

 

          If in the case referred to under Illustration 'B' above one of the non-

local candidates at the bottom of the provisional admission list who is

proposed to be eliminated is a Scheduled Caste candidate whose replacement

by Non-Scheduled Caste candidate will violate the rule of reservation in

Favour of Scheduled Castes, such non-local Scheduled Caste candidates shall

be replaced by the first available local Scheduled Caste candidates in the

Remainder list. .

 

Illustration 'D':-

 

          If in the case referred to under Illustration 'C', above, it is found that

there is no local Scheduled Caste candidate available in the remainder list to

replace the non-local Scheduled Caste candidate, then the non-local Scheduled

Caste candidate in the provisional admission list shall be allowed to remain

in such list and the non-local non-Scheduled Caste candidate immediately

Above him in such list shall be eliminated and replaced by a local candidate

from the remainder list.

 

ANNEXURE-IV

 

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)

 

1. The number of available seats in the course of study shall first be

    computed by deducting from the total number of seats provided

    in that course the number of seats reserved for candidates from

    outside the State.

 

2. If the number of available seats does not exceed 3 the provisions

    relating to reservation in favour of local candidates shall not

    apply to such course. Where, however, the number of available

    seats exceeds 3 further action should be taken in the manner set

    out in the following paragraph.

 

3. The number of seats reserved in the aggregate in favour of local

    candidates in relation to all the three University local areas,

    namely the Andhra University area, the Osmania University

    area and Sri Venkateswara University area shall 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 atleast

    one unreserved seat.

 

4. The number of seats reserved in the aggregate in favour of local

    candidates of all the three University areas having been

    determined as provided under paragraph 3, the number of such

    reserved seats allocated in favour of the candidates of each of

    the three University areas shall then be determined. For this

    purpose the number of reserved seats shall be allocated amongst

    the local candidates of the Andhra University, Osmania

    University and Sri Venkateswara University local areas in the

    ratio of 42 : 36 : 22 respectively. While allocating the reserved

    seats, fractions of a seat shall be adjusted by counting the greatest

    fraction as one and if necessary also the greater of remaining

    fractions as another, and where the fraction to be so counted

    cannot be selected by reason of fractions being equal, the selection

    shall be by lot