K KOTRESE Vs. SELECTION COMMITTEE FOR ENGINEERING COLLEGES

JUDGEMENT

(1.) The petitioner was an applicant for a seat in the B. E. Degree Course for the academic year commencing from 1981-82. The petitioner has asserted that he belongs to Valmiki community which is listed as one of the backward tribes in the State of Karnataka. He has further asserted that the annual income of his mother is Rs. 2500 and that his father is no more. The petitioner passed in the year 1980 his PreUniversity Examination with Physics, Chemistry, Mathematics and Biology securing first class and he scored 74.6 per cent average in Physics, Chemistry and Mathematics. In the academic year 1980-81 he had applied for a seat both for. First Year MBBS. Course as well as the B.E. Degree Course. Admission to both Courses the State Government in exercise of its executive power under Art. 162 of the Constitution. In 1980 admission to Medical Colleges were regulated by the Rules promulgated for that year in 1980. The admission to Engineering Colleges were governed by the 1979 Rules known as Karnataka Engineering Colleges and Technological Institutes (Selection of Candidates for Admission) Rules, 1979, (hereinafter referred to as the Rules). He was selected in the year 1980 and given a seat in each of the two course for which he had applied. The petitioner chose to. accept the seat given for First Year MBBS Course, though he had joined the Engineering College in that academic year itself. He, in that circumstance, gave up his studies in the Engineering College and joined, the Medical Course at Bellary Medical College. But the petitioner found that he was too sentimental and could not stomach blood and flesh while dissecting dead bodies. Therefore, he left the medical college at Bellary and in the following year, that is in the academic year 1981 -82, applied once again for a seat in the Engineering College for B,E. Degree Course under the Rules. He was called for interview by the 1st respondent-Selection Committee and as directed appeared before it on 25th September, 1981. At the interview, it is alleged, he was informed that he is not entitled to a seat because he had deserted the course in the earlier year when he was selected. Soon thereafter he has approached this Court under Art. 226 of the Constitution inter alia contending that the Selection Committee has no power to refuse him a seat which he claimed under the reserved catagones of backward tribes where he v/as more meritorious than the other candidates with lesser marks'. He has also contended that there is no power in the Selection Committee to reject a seat to the candidate merely because in the earlier year he had not utilised the seat to which he was selected

(2.) For a long time the 1st respondent though served had remained unrepresented and in that circumstance Mr. Motigi learned High Court Government Pleader, was directed to take notice on 15-1-1982 and submit to the Court. Today, the mater coming up for further hearing in Group 'B preliminary hearing cases, it is seen from the records produced by the learned Government Pleader that the petitioner's application was rejected by the 1st respondent-Selection Committee with the endorsement "repeater" since joined Mechanical Engineering in B. D. T. Engineering College, Davanagere during '1981-82.

(3.) The learned Counsel for the petitioner has drawn my attention to the scheme of selection under the Rules. The Selection Committee under Rule 5(v) of the Rules is required to arrange in order of merit, the applicants who are qualified to enter that course and who have fulfilled the domicile requirements. Thereafter giving effect .to the provisions for reservation under the Rules for the various categories, the seats available will be divided into merit pool seats and the seats for reserved categories. In the respective pools having regard to the merit, that is, marks obtained by the candidate in the relevant optional subjects, the candidate or applicant securing higher marks shall be preferred to the one "who has obtained lesser marks and the seats in that manner filled both for the merit pool and the reserved category.