CHERIAN VARKEY Vs. DEAN KASTURBA MEDICAL COLLEGE

JUDGEMENT

(1.) THE petitioner has prayed for a writ of mandamus against the Dean of Kasturba Medical College, Mangalore-Manipal to admit him in the M.S. (Orthopaedic) post-graduate course in the said College, THE matter arise in this way. THEre appears to be an agreement between the College authorities and State Govt regarding the selection of candidates for the various post-graduate courses in the Kasturba Medical College. It is said that the Govt have got a right to select and nominate 50 per cent of the seats available in each of the post-graduate courses. As against the seats reserved, for the Govt in M.S. (Orhopaedic), the Govt nominated the Ptnr and one Dr.A.Sreenivasulu. It is said that Dean cf the College admitted Dr.Sreenivasulu, but not the Petnr. THEreupon the Ptrr approached the Govt requesting to issue appropriate direction to the College authorities to admit him. THE Govt prompty directed thet College authorties to admit the petitioner. Tha last direction issued by the Govt in this connection was d/.21-10-1974 stating that the petitioner should be admitted to the course for which he has been nominated, without further delay. Despite those directions, the Dean has refused to admit the petitioner. Hence he has approached this Court under Art,226 praying for a writ of mandamus to direct the Dean to obey the orders of the Govt and to admit the petitioner for the said course.

(2.) I do not think that this Court can assist the petitioner in this unfortunate controversy. The petitioner seeks a writ of mandamus and that writ of mandamus could issue only to a public or a quasi-public or an authority which is under an obligation statutory or otherwise, to do or refrain from doing anything. The Dean against whom the writ is sought for is a Head of a Private Medical College and no mandamus could therefore, be issued against him. Besides, the direction issued by the State Govt was not under any statutory rule or regulation, If there is any disobedience to such direction, the petitoner cannot approach this Court for a writ of mandamus. He may again request the Govt to take steps to implement their earlier order. The petition is, therefore, rejected.