MANJUNATH POL Vs. UNION OF INDIA UOI RESENTED

JUDGEMENT

(1.) PETITIONER has completed Pre-University Course (for short 'puc') during the academic year 2003-2004. In the said examination he has admittedly secured 53 marks in Physics, 88 marks in chemistry, 39 marks in Biology and 30 marks in English. He is a scheduled caste candidate. He has appeared for common entrance test for selection of students to M. B. B. S. , B. E. , and B. D. S. Courses for the academic year 2004-2005. He has secured Rank No. 31280 (Medical ). He was not considered for admission to B. D. S. Course because he had not secured 40% marks in English subject in PUC. Therefore, he had filed a Writ Petition in W. P. No. 26782/2004 for quashing condition No. 3 in the Application Form which stipulates the requirements of securing 40% marks by a Scheduled Caste/scheduled Tribe and Category- I candidates in order to be eligible for admission to B. D. S. Course. That Writ Petition was dismissed by a Division Bench of this court on 12. 08. 2004. Therefore, he has filed the present writ petition for a declaration that the 2nd proviso to Rule 3 (1) (b) (iii) of the Karnataka Selection of Candidates for Admission to professional Institution Rules, 2004 as ultra-vires of the Constitution of India and for a further direction to the 3rd respondent to select him for the B. D. S. Course.

(2.) THE respondent Nos. 2 and 3 have filed separate objections. It is stated that the State government in exercise of its powers under Sub-section (1) of Section 14 of the Karnataka educational Institutions (Prevention of Capitation Fee) Act, 1984 has framed the Rule called 'karnataka Selection of the Candidates for Admission to Professional Institution Rules, 2004'. Rule 3 (1) (b) (i) and the proviso contemplates the eligibility of the candidates for admission to the b. D. S. course. It states that for admission to a Dental Course, a candidate has to secure 50% marks in optional and English language subject and 40% in case of candidates belonging to scheduled Castes and Scheduled Tribes and Category-II. The 2ndproviso contemplates that for dental Course, the candidate must have secured 50% marks in English language and in case of candidates belonging to SC/st and category-I, they must secure 40% in English. It is further contended mat the State Government has power to fix higher qualification than what has been prescribed by the Dental Council of India. Since the petitioner has not secured 40% marks in english as prescribed by the Rules he is not eligible for admission to BDS Course.

(3.) I have heard the learned Counsel for the parties.