ANITHA CHANDRAIAH Vs. SELECTION COMMITTEE FOR MBBS

JUDGEMENT

(1.) In response to the relevant notification calling for applications for admission to first year M.B.B.S. course in the Government and private Medical Colleges in the State for the academic year 1980-81, issued by the Selection Committee constituted under the Karnataka Medical Colleges (Selection for Admission) Rules, 1980 (hereinafter referred to as the Ruleis), the petitioner and a large number of eligible applicants applied for selection. On a consideration of her merit, vis-a-vis the merit of other candidates, the selection committee on 20-11-80 (Annexure-A) selected seven candidates, one of whom was the petitioner and allotted three candidates to M. R. Medical College, Gulbarga, the petitioner and three other candidates to Kasturba Medical College, Manipal and Mangalore. The petitioner and others were directed to approach the respective colleges, get themselves admitted to the respective colleges on or before 29-11-1980. In pursuance of the said selection made by the selection committee, the petitioner approached the Kasturba Medical College, Manipal (hereinafter referred to as the College) respondent No. 2-on 28-11-80 and sought for her admission as directed by the selection committee. But, the College refused to admit the petitioner on the ground that the admission for academic year 1980-81 had already been closed (Annexure-B). In this view, the petitioner represented to the Selection committee and other authorities to compel the College to admit her to the college. But, as the College refused to comply with the requests and directions issued by the selection committee and Government, the petitioner has approached this Court on 4-12-1080 under Article 226 of the Constitution, seeking for a mandamus to admit her to any one of the colleges for the academic year 1980-81 in the general pool.

(2.) The petitioner has asserted that on her selection and allotment, the College was bound to admit her and enable her to prosecute her studies and by its failure, it has failed to perform itg legal duty.

(3.) Before noticing the case urged for the selection committee-respondent No. 1 and the State of Karnataka-respondent No. 3 who have made a common cause and the college, it is necessary to notice certain other facts that have a bearing on the questions that arise for decision in the case.