ANIL BAIPADITHAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Special leave granted.

(2.) Admissions in professional courses, specially medical, despite all efforts being made to secure them, have always been a vexed question and posed problems. If the efforts are within legal parameters, the same cannot boomerang. The appellants, however, over-did, so much so, that while seeking admissions to Ist year MBBS courses for the academic year 1993-94, they, in collusion with the members of the Selection Scrutiny Committee (SCC), put up higher ranking in their admission forms, by reason of which they were given admissions in various medical colleges of the State of Karnataka. However, it was subsequently found that the rankings were really not as mentioned in the admission forms, but lower. When this fact came to the notice of the authorities, their admissions were cancelled. The cancellation order was challenged on various grounds, but the High Court of Karnataka upheld the action. Hence these appeals by special leave.

(3.) On a grievance being made that the appellants had been condemned unheard, this Court by its order 9-1-1995 noted that the State would have no objection to granting a post-decisional hearing to the appellants (expect appellant No. 1 K. Sudarshan Shetty in Civil Appeals Nos. 9454-56 of 1995 arising out of SLP (C) Nos. 14608-10/94, who had already secured admission and did not want to go through the rigmarole of the enquiry) and an officer, who may even be a judicial officer, could be nominated for this purpose. In that order a request was, therefore, made to the Chief Justice of the High Court to nominate an officer to undertake the inquiry, which officer may not be below the rank of the District and Sessions Judge. Pursuant to this order, an inquiry was held by Shri T. Mahesh Hedge, District and Sessions Judge functioning as Officer-on-duty-cum-Registrar of the Karnataka Administrative Tribunal.