BOGESHA REDDY K H Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is an applicant to one of the seats available in the Private Medical Colleges to the Government in the reserved category of paying special tuition fees of Rs. 1,60,000 or 20,000 Dollars. The petitioner \ has passed out from Edison Township High School, Edison, New Jersy with Physics, Chemistry and Biology as his subjects in the High School. He has obtained 70.7% in those subjects. The selection for the seats in the Medical Colleges of the State is governed by the Rules made by an executive order in that behalf, by the Government of Karnataka for the academic year 1980-81 by an order No. HFW 28 MSF 80 dated 6-6-80 as Karnataka Medical Colleges (Selection for Admission) Rules, 1980 (herinafter referred to as the Rules'). Under Rule 2, eligibility is prescribed and it is as follows:

(2.) The petitioner in terms of the provisions made in regard to equivalent examinations to the two year PUC course of Karnataka, along with his application produced the provisional eligibility certificate issued by the Registrar of the University of Bangalore, certifying that he is eligible subject to his satisfying other admisssion requirements as per the University regulations. Similarly, the Registrar of University of Mysore certified the petitioner provisionally eligible subject to the minimum age of admission regulation. Similarly, the Registrar of Karnataka University apart from finding him eligible as having passed equivalent examination, strongly recommended his admission. The true copies of the certificates are all produced as Annexures-E, F and G to the petition. The petitioner together with the equivalent examination certificates, referred to above, and after remittance of 20,000 Dollars against special tuition fees, submitted his application fulfilling all the requirements of the Rules. Yet he was not called for an interview. OP approaching the 2nd respondent- Selection Committee, he was informed that he was not called for interview as he did not possess the necessary eligibility in terms of Rule 2 (a) extracted above. Aggrieved by the same, he has approached this Court for redress, inter-alia, contending that the decision of the Selection Committee in excluding him from the Selection Committee interview was arbitrary, illegal and contrary to the Rules as well as discriminatory inasmuch as persons similarly placed were indeed called for interview and allotted a seat in 3rd respondent M. S. Ramaiah's College of Medicine.

(3.) The petition was filed on 8-9-80. Though the respondents were served particularly respondents 1 and 2 soon thereafter, 'the matter has been adjourned from time to time on the requests of respondents 1 and 2. It is only today, when practically the academic year has come to an end that the respondents 1 and 2 have chosen to file a return with the permission of the Court.