T N VIJAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a minor, has presented this petition by her guardian. He is aggrieved by the non-issuance of an interview card in respect of the selection now being held for the I year M.B.B.S. course in the State of Karnataka in Government and Private Medical Colleges, pursuant to the Karnataka Medical Colleges (Selection for admission) Rules 1980. The petitioner has stated that he has secured 84 per cent of marks in the relevant optional subjects prescribed for eigibility. He has further stated that he applied for a seat in the quota reserved for backward community. The petitioner belongs to 'Vokkaliga' community which has been declared as one of the backward communities in Karnataka. The petitioner has further averred that some other applicants belonging to his community have been issued with interview cards, having secured lesser percentage of marks in the relevant optional subjects.

(2.) The chief grounds on which the writ of mandamus is prayed for in this petition to the Selection Committee to interview the petitioner in the category of applicants falling under Rule 5 (1) of the Rules is with reference to the Government Order No. DPAR 1 SBC 77 dated 4-3-1977 as unconstitutional in as much as the salee order itself is unconstitutional because fixing an economic criteria of annual income at Rs. 10,000/- to derive the benefits under that Government Order is without any rationale having nexus to the object sought to be achieved under the Government Order and further that the State could not make use of a Government Order issued under Art. 16(4) for the purpose of making selection under Art. 15 (4) of the Constitution.

(3.) The first ground of attack is not tenable in as much as a Division Bench of this Court in S.C. Somashekarappa v. State of Karnataka, ILR 1979 Kar. 1496. has upheld the constitutional validity of the Government Order of 1977 classifying backward communities and prescribing certain percentage of reservations for the purpose of recruitment to public services.