SATHYANARAYANA MURTHY Vs. BANGALORE UNIVERSITY BANGALORE

JUDGEMENT

(1.) it is submitted by the learned counsel appearing for the petitioners that in writ petition nos. 5580 of 1989,5581 of 1989,5582 of 1989 and 5584 of 1989 that the students are claiming the benefits as members belonging to backward classes. The learned standing counsel appearing for the university countered by asserting that the benefit which flows to the backward classes is notavailable to these petitioners in as much as they do not belong to the slate of Karnataka and in this regard reliance is placed on the case reported in 1981 short notes item No. 19 of Bangalore law journal in w.ps. 7365-7383 of 1986 decided on 1-12-1986 in the case of Ashok kumar and others v Bangalore university and others. It was held in the said cases that castes or communities of other slates cannot claim status of backward classes in the state of karnataka.

(2.) similar principle was followed in the case of Asgar Hussain v University of Bangalore, 1984(1) kar. Lj. 579 and it was held that the benefit of belonging to the backward classes is not available to persons not belonging to the state of Karnataka coming from outside. I am in respectful agreement with the said views and therefore, these writ petitions are liable to be dismissed.

(3.) an improvement was sought to be made by the learned counsel for the petitioners that though the petitioners came from out side the state of karnataka, they are actually residing inside the state. There is no material on record to support the assertion. Hence, it is rejected.