R.D. SUHASINI AND ANOTHER Vs. STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, (MEDICAL EDUCATION BANGALORE AND OTHERS

JUDGEMENT

(1.) In this writ petition, petitioners are the two students who appeared for the Medical Entrance Test and had been assigned rankings in the CET examination at No.12821 and 9335, respectively. They are seeking a declaration to declare the selection and admission of as many as 35 students as illegal and inoperative having been made against the reserved category meant for Scheduled Castes.

(2.) At this stage, it has to be observed that the petitioner has made only one student by name Chaturya A as respondent No.4 and as regards other 32 students they are not arrayed as party respondents. Therefore, question of declaring the admission of other students under the Government quota in General Category as illegal and inoperative will not arise.

(3.) Learned Counsel for the petitioners submit that the petitioners are only two in number and they would be satisfied if their grievance is considered without disturbing the admissions of other candidates, by giving appropriate direction to the authorities to accommodate the students for the academic year. His contention is that while admitting the students against the reserved category meant for Scheduled Castes the procedure that was required to be followed is that such of the candidates belonging to Scheduled Castes who are more meritorious and who can be selected as against the General Category have to be first selected under the General Category and not as against the reserved category for Scheduled Castes. In this regard, he submits that although there were number of meritorious Scheduled Castes candidates who ought to have been selected in the General Category, the respondents have selected only four candidates belonging to the Scheduled Castes as against General merit category and as many as 39 who ought to have been considered under the General Category have been selected under the reserved category meant for Scheduled Castes, thereby depriving the other eligible candidates though less merited from availing the opportunity of getting selected under the reserved category meant for Scheduled Castes. Learned Counsel for the petitioners has placed reliance on the judgment of the Apex Court in the case of Ritesh R.Sah V. Dr. Y.L. Yamul And Others, 1996 (3) Supreme Court Cases 253 , in this connection.