H P RAJAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition the petitioner has prayed for declaration that Rule 4 of the Karnataka Medical Colleges Selection for admissions to post graduate rules, 1982 is ultra vires, offending Arts. 14, 15 and 16 of the Constitution of India and to strike down the same. There is a further prayer for issue of a writ of mandamus to respondents to consider the petitioner's claim for a seat in the M.S. Course,, which is a course designated as Post Graduate Course in Surgery.

(2.) The rules are framed by the 1st respondent state of Karnataka in exercise of its executive power under Art. 162 of the Constitution; as held by this Court in Gokula Education Foundation vs. Siddharanga Education Society (1) it is not law within the meaning of the expression occurring in Art. 13 of the Constitution.

(3.) Admittedly the rules govern selection for admission of candidates for post graduate courses, both degree and diploma, in the Government and private colleges (for Government seats in private colleges) .in State. In other words selection is made to fill up seats which are in the control of the Government directly or to such extent of seats which Government has access.