BADRIPRASAD B R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is disposed of at the stage of preliminary hearing after notice to the respondents.

(2.) The petitioner Dr. B.R. Badriprasad is a graduate in Dental Surgery of the Bangalore University having completed House Surgeonship from 3.10.1979 to 2.4.1980 in the Government Dental College at Bangalore. Thereafter he has been practising privately in a Dental Clinic at Bangalore. He .applied for a seat for the post graduate course in Dental College preferably P.G. Course in Orthodontia for the academic year 1981-82. The petitioner wag not called for interview by the Selection Committee constituted under the Rules framed by an executive order of the Government for selection and admission to the Post Graduate dental course offerred by the University of Bangalore. The said rules are called the Karnataka Dental College (Selection for Post Graduate Course) Rules, 1981. The petitioner has himself produced a true copy of the Rules at Annexure-B, to the petion. The petitioner has alleged that respondent No.3 has been selected by respondent No. 2 which is contrary to the Rules and thereby discriminated against him though respondent No. 3 has obtained lesser marks in his degree course than the petitioner. He has further alleged that the selection of the 3rd respondent was contrary to clause 4 of the Rules in as much as respondent-3 has not completed the House manship prescribed for a period exceeding 12 months in any Government Hospital. This allegation is supported by Annexure-C, which is a true copy of the endorsement issued by the Director of Medical Education in Karnataka dt. .19.5.1981. It is in that circumstance, the petitioner has approached this Court under Art. 226 of the,Con- ' stitution praying for a writ of mandamus directing respondents 1 and 2 to provide admission to the petitioner in the Dental College for Post Graduate Course in Orthodontia and to give other consequential relief like costs etc.

(3.) Respondents have entered appearance. On behalf of respondents 1 and 2, it was contended that the 3rd respondent has been admitted to the Course as a nominee of the Government of India, under Rule 4(2) of the Rules which provides for two seats being reserved for candidates nominated by the Government of India. Similarly sub-rules (1) and (3) of Rule 4 also provide for reservation. Rule 5 provides for reservation of seats in favour of candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Tribes, etc. The procedure of selection is under Rule, 8 of the Rules. The selection is subject to reservation made under Rules 4 and 5.