SYED NOOR FATHIMA Vs. SELECTION COMMITTEE

JUDGEMENT

(1.) The petitioner in Writ petition No. 13890 of 1983 has sought for the issue of a writ of mandamus directing the respondent - selection committee for admission to I year M. B. B.S. course to select him against one of the seat reserved for Backward Tribe. The petitioner in writ petition No. 14566 of 1983 has questioned the legality of the decision of the Principal Jayachamarajendra college of Engineering, Mysore, rejecting the claim of the petitioner for admission to the college against a seat reserved for Backward Tribe.

(2.) As both the petitioners claim that they belong to 'Darwesu' section among, Muslims, which is classified as Backward Tribe by the state Government, the two cases raise common question of law and fact and a common statement of objection has been filed on behalf of the state. The two petitions are disposed of by this common order.

(3.) (i) The petitioner in W.P. 13890 of 1983 passed the pre-University examination conducted by the pre -University Board of this state in April 1983 with Physics, Chemistry and Biology as optional subjects. She secured 83 per cent marks. The respondent in this writ petition is the selection committee constituted by (the State Government for making selection to the I year M.B.B.S course in Government Medical colleges and Government seats in private Medical colleges. Applications were invited from the candidates seeking selection to the I year MBBS course. The petitioner submitted her application. In the application she claimed selection against one of the seats reserved for Backward Tribe. She also filed the necessary declaration in the prescribed form. The claim of the petitioner was not considered in respect of a seat reserved for backward Tribe. Aggrieved by the said decision, the petitioner has presented this writ petition. (ii) the petitioner in Writ petition No. 14566 of 1983 was an applicant before the Director of Technical Education in Kamataka for selection for admission to I year B.E. degree course. In the application, the petitioner claimed selection against a seat reserved for Backward Tribes. The name of the petitioner was included i) the list of select candidates and was allotted to Jayachamarajendra College of Engineering Mysore. After making an inquiry as to the truthfulness of the claim of the petitioner that he belonged to backward Tribe, the principal of the college issued an endorsement dt. 4.8.198: