SUBHASHINI K Vs. STATE OF MYSORE

JUDGEMENT

(1.) In these petitions, under Article 226 of the Constitution, the petitioners who were applicants for admissions to one or the other of the Medical Colleges under the Management of the Government pray that this Court may be pleased to (i) quash by the issue of a writ of Certiorari or any other appropriate Writ or direction as the case may be the Order of the Government dated 29-6-1964; and (ii) to direct by the issue of a Writ of Mandamus or any other appropriate Writ, the respondent to admit the petitioners to any one of the Medical College in which he or she had shown preference in his or her application for prosecuting their studies in the Pre-Professional Course in Medicine leading to M.B.B.S. degree.

(2.) The Petitioners herein have passed in the Pre-University examination of the Mysore University with Physics, Chemistry and Biology as optional subjects. They applied for admission in the current year to the Pre-Professional Course in Medicine leading to M.B.B.S. degree.

(3.) Selections to the medical colleges under the management of the State were made by a Committee appointed by the Government on the basis of Government Order No. PLM/80/MMC/64, Bangalore dated 29th June 1964, which is marked as Exhibit "B" in these cases to be hereinafter referred to as the impugned Order. The said Committee interviewed the candidates and made selections on the basis of the aggregate marks received by them. The basis of the Selection in the case of the petitioners before us, was the marks obtained by them in the Chemistry, Physics and Biology in their Pre-University Course Examination plus the marks obtained by them at the interview. As per the impugned Order, 25 percent of the maximum marks for the examination in the optional subjects taken into account for making the selection of candidates was fixed as interview marks. The interview marks were equally divided under five different heads, viz., 1. General Knowledge 2. Aptitude and personality 3. Previous academic career including special distinctions, etc., 4. N.C.C. and A.C.C. etc., 5. Extra curricular career including sports social service, debating, dramatics, etc. None of the petitioners belong to any of the socially and educationally backward classes as determined by the impugned Order. Hence, their cases had to be considered in the general pool. We were told that only candidates who secured 218 marks or more in the aggregate have been selected for admission in the general pool. The petitioners having secured less than 218 marks have not been selected. The fact that the petitioners have secured less than 218 marks was not disputed. Nor was it said that any student in the general pool securing less than 218 marks had been selected. But, the selection was assailed on various other grounds.