R SRINIVASA Vs. CHAIRMAN SELECTION COMMITTEE

JUDGEMENT

(1.) The petitioner, who was an applicant for selection and admission to' the First Year M.B.B.S. Course before the Selection Committee constituted by the State Government, has presented this writ petition praying for issue of a writ of mandamus directing the selection committee to select and admit him to the First Year M.B.B.S., Course during the current academic year.

(2.) The petitioner belongs to Padmagali (Naige) community. This is one among the several communities classified as backward class by the State Government by an order made under-clause (4) of Article 15 of the constitution. The petitioner passed the Pre-University Examination held in April 80 securing 81.33% in the optional group consisting of Physics, Chemistry, Mathematics and Biology He applied to the 1st respondent - selection committee - for selection and admission to the First Year M.B.B.S., course during the current academic year. In the application, the petitioner claimed that he was entitled to be selected against seats reserved in favour of backward communities. This claim was made on the basis that the petitioner had been adopted by one, G.V.Rangappa, who also belongs to Naige community and the income of the said Rangappa was below Rs. 10,000/-. He has not been selected. Therefore he has presented this writ petition. The petitioner has also stated that respondent-2 belonging to Naige community, who has secured less marks than the petitioner, hap been selected.

(3.) It is not the case of the petitioner that the income of his natural father was less than Rs. 10,000. According to the petitioner the adoption took place in the year 1976, but it was evidenced by a registered document dated 8th August 1979.