B K AJIT KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two Petitions are disposed of by the following common order as they involve the determination of the validity of the circulars impugned and the interpretation of the provisions of law and orders made thereunder. They are disposed of at the stage of preliminary hearing after notice.

(2.) Respondents in first of the Petitions are the State of Karnataka, the Director of Medical Education, M.R. Medical College, Gulbarga, J.J. Medical College, Davanagere, M.S. Ramaiah Medical College, Bangalore, Kempegowda Institute of Medical Sciences, Bangalore and Dr. B.R. Ambedkar Medical College, Bangalore. In the other Petition, the respondents are the State of Karnataka, the Selection Committee for Admission to the I year M.B.B.S. Degree Course and Kempegowda Medical College, Bangalore. All the respondents have been served in one or the other Writ Petition but only M. R. Medical College, Gulbarga and J.J. Medical College Davanagere, are represented. M.R. Medical College, Gulbarga has filed its statement of objections also. In both the Petitions notices were served by hand issued to the petitioners, while respondent-State and other Government Agencies were served by directing the Government Advocate to take notice. This procedure was adopted and the matter heard in view of the urgency as the academic year for the I year M.B.B.S. Course has to commence from January, 1985 and these Petitions relate to admissions to Medical Colleges.

(3.) Petitioners in both the Writ Petitions are applicants for seats for the I year M.B.B.S. Course. Petitioner in W.P. 16802 of 1984 has applied for what is known as 'Cash Deposit Seats' in all the five respondent colleges in the Petition, while the petitioner in W.P.17792/84 has applied to only Kempegowda Medical College which, unfortunately is not represented by Counsel or otherwise. The prayer in the Writ Petitions is that the circular issued by the 1st respondent-State dated 16th October, 1984 should be quashed and a mandamus issued to the concerned Medical Colleges to admit the applicants-petitioners on the merit of their performance in the entrance test held by the Government for admission to the I year M.B.B.S. Course for all seats in Government Colleges, for Government seats in Private Medical Colleges and for Cash Deposit Seats in Private Medical Colleges and not on the basis of their performance in the Pre-University Examination in the subjects, Physics, Chemistry and Biology.