SWATI BICHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions coming up for orders have been taken up for hearing by consent of counsel for parties and disposed of by the following order:

(2.) The petitioners are residents ot Belgaum city residing within the Muncipal limits of the Belgaum City Corporation. It is claimed that their parents are also residents of Belgaum city. The petitioners applied to the 2nd respondent-selection committee for admission to I Year MBBS Course, constituted under the Karnataka Medical Colleges (Selection for admission) Rules, 1981 (hereinafter) referred to as 'the Rules' for seats in the 3rd respondent J.N.Medical college, Belgaum run by the 4th Respondent K.L.E. Society Ltd., Belgaum. The petitioners have alleged that in addition to the advertisement in the papers by the Government calling for applications to I Year M.B.B.S. Course the 4th respondent Society which owns and runs the 3rd respondent College also advertised calling for applications for admission to the college for I Year MBBS Course from resideents of Belgaum in order to fill five seats. This advertisement is said to have appeared in one of the local papers of Belgaum

(3.) It is alleged by the petitioners that the 4th respondent society entered into an agreement with the then Municipality of Belgaum to provide five seats to students belong ing to Belgaum city in the college in consideration of Municipal lard being given to the society for locating the Medical College at concessional rate. It is further alleged by the petitioners that in consideration and pursuant to that agreement all these years five scats were given to the resident applicants of Belgaum city for the I year M.B. B.S. course year after year. In fact, the allegation is that in the rules made by the State Government in exercise of its executive power under Art. 162 of the Constitution of India for the academic year 1980-81 specific provision was made for the Selection, committee to provide for five seats within the quota permitted to be filled by the Government in the 3rd respondent-college. The writ petitioner, in WP 31092/81 R.B.Kulkarni was called for interview by the Selection Committee but not selected. Similarly, the petitioner Miss. Swati Bichu in writ petition 31091 /81 was not selected nor called for interview. Aggrieved by such non-selection, they have approached this Court under Art. 226 of the Constitution inter alia contending that the Selection committee, was bound to select them as they were applicants for the first Year M.B.B.S. Course hailing from Belgaum city and give each of them a seat in the 3rd respondent college pursuant to the agreement between the Municipal corporation and the 4th respondent-society as the task of selection has now fallen on the Selection committee and as the Selection committee stood transposed as a party to the contract in consideration of the concessional land given to the society for locating the Medical college. It is also contended that white disposing of W.P.15955/80, this court did direct Issue of writ of mandamus to the Selection Committee constituted under the 1D80 rules to admit the petitioner therein to the 1st year M.B B.S Course during the academic year 1980- 81 even if it became necessary to increase the intake by one. And therefore the petitioners who are similarly placed for the academic year 1981-82, it is contended are also entitled to an identical relief in these writ petitions,