B N VIJAYARIARASIMHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner completed the M.B.B.S. degree course during 1979 to 1985 from M.R. Medical College, Gulbarga, and he also completed the House Surgeonship during the said period. Thereafter, the petitioner secured a merit seat for M.S. in General Surgery which he completed during 1986 to 1989 from Bangalore University. The petitioner was desirous of applying for Super Speciality course in Surgery and was keen on joining M. Ch. Urology or Pediatric Surgery. These Super Speciality Courses are conducted only in combined hospitals attached to Bangalore Medical College and it is stated that only the Government Institutions which offer these courses and that the allotment of seats is controlled by the Government of Karnataka under rules known as the Karnataka Medical College and Dental Colleges (Selection and Admission to P.G. Course) Rules, 1987. The Super Speciality courses offered by the Bangalore University are as follows:-

(2.) The learned Counsel appearing for the petitioner submitted that the impugned notifications are arbitrary, illegal and violative of Art.14 of the Constitution of India inasmuch as all the seats for admission to the Super Speciality P.G. course have been earmarked only to inservice candidates leaving no scope for any other candidates belonging to other categories. It was also contended that there is neither rational basis, nor lawful justification for reservation of 100% of the seats for inservice candidates. In support of his contentions, the learned Counsel appearing for the petitioner relied on the decisions reported in, AIR 1984 SC 1420; AIR 1989 SC 48 and AIR 1989 SC 903.

(3.) The learned Counsel also submitted that the notifications issued purportedly under Rule 5 of the aforesaid Rules does not provide for reservation of seats for the courses in question. It was submitted that Rule 5 refers only to admission to P.G. Degree and P.G. Diploma courses in Medicine and Dental inclusive of both Government and Private Medical Colleges and that they do not refer to Super Speciality courses mentioned above with which we are concerned in this writ petition. It was pointed out that though Rule 2(j) defines Super Speciality, there is no mention of Super Speciality Course in Rule 5 at all and, therefore, the reservation in favour of the inservice candidates does not stand legal scrutiny.