C P DAYANANDA Vs. CHAIRMAN SELECTION COMMITTEE

JUDGEMENT

(1.) In accordance with the Karnataka Medical Colleges Selection for Post Graduate Course Rules, 1980, (hereinafter referred to as the Rules), the selection committee constituted under the said Rules, called for applications to select candidates to 184 seats of 20 post graduate degree courses and 146 seats of 15 post graduate diploma courses in the four Government Medical Colleges of the State. The aforesaid total number of seats in the post graduate degree courses in the different subjects and the colleges to which they are distributed are detailed her under : <FRM>JUDGEMENT_119_KANTLJ2_1981Html1.htm</FRM> From the above, it is clear that the number of seats available to different subjects or disciplines is limited.

(2.) In response to the relevant notification calling for applications, the petitioner who is a member of scheduled tribe called 'Meda' and is working as a Medical Officer in the Defence Department of the Government of India, applied for selection to the post graduate degree course in General Medicine. Against column No. & of the application the petitioner stated as hereunder : 5 (a) Subject applied for (a) M.D. (General Medicine) (b) In case you are not selected for the subject for which you have applied are you willing to be considered for any other subject ; allotted by the selection committee. Indicate (b) Yes. Yes or No. On a consideration of the applications made by the petitioner and others that had applied to General Medicine, the selection committee found that the merit of the petitioner did not justify his selection to the subject of general medicine and has, therefore, not selected him for that subject. Aggrieved by the same, the petitioner has presented this petition on 7-10-1980 under Art. 226 of the Constitution challenging his non-selection.

(3.) From the particulars made availble by the learned II Additional Government Advocate, it is seen that in all 18 members belonging to scheduled tribes had applied for selection to degree and diploma courses and that from amongst them 6 persons have been selected in the subjects of general medicine, OBG, DGO, Physiology, DA and D O.M S. and for the subject of general medicine as against 4 persons that had applied for selection, one Sri V. Shivarama Naik, a member of a scheduled tribe with superior merit over the petitioner has been selected. On the above facts that are not in dispute and are borne out from the records, the case of the petitioner is that as a member of a scheduled tribe, he should have been selected if need be by selecting all the eligible scheduled tribe applicants to 'General Medicine' to the extent of reservation available to the members of scheduled tribes to the total number of seats of the post graduate degree course. While challenging his non-selection, the petitioner has not impleaded any person that has been selected either to the subject of general medicine or to any other subjects.