M RAMA JOIS Vs. HEMANT KUMAR

JUDGEMENT

(1.) The petitioner who was an aplicant seeking selection for admission to the Batchelor Veterinary Sciences (B.V.Sc., in short) degree course in the University of Agriculiral Science, Bangalore, has presented this writ petition qustioning the Constitutional alidity of the Rules of Selection and also sought for the issue of a writ of mandamus directing the University to give admission to him to the said course during the current academic year.

(2.) The facts of the case in brief are as follows: The petitioner passed the Pre-University Examination held by the Board of Pre-University Education of this State securing 63% of marks in the optional subjects. During the current academic year he submitted his application to the first respondent-University seeking selection for admission to the B.V.Sc., course. In the application the petitioner also claimed to be selected against one of the seats reserved for Defence Personnel, as the father of the petitioner is a Subedar Major in the Indian Army. The grievance of the petitioner is that though he was entitled to he selected against one of the seats reserved for the children of Defence Personnel on the basis of the marks secured by him, he has not been selected in view of the Note incorporate below the definition of the word 'Defence Personnel' under the Rules framed by the University. The relevant portion of the Rules reads as follows;

(3.) The petitioner has questioned the Constitutional validity of the Note on the following grounds: Defence Personnel constitute a well defined class of persons. Once the object of the special provision is to reserve a few seats in favour of children of Defence Personnel there is no justification or rational basis for incorporating the condition contained in the Note which is to the effect that son or daughter of a Defence Personnel would be entitled to secure a seat if only the parent is serving in the State of Karnataka at the time of making the application. Therefore, the Note is violative of Article 14 of the Constitution.