RAJU Vs. SPECIAL OFFICER COMMON ENTRANCE TEST CELL

JUDGEMENT

(1.) This writ petition has been filed by the father of one C.L. Nagesh (hereinafter referred as 'Candidate') for issue of writ of mandamus directing respondent-Principal to permit his son to join the College in B.D.S. Course as per the provisional admission order (Annexure-G), dated 10-11-1995 issued by respondent-Special Officer. The candidate is a non-Karnataka student. Pursuant to the Order of the Supreme Court dated 11-8-1995/20-10-1995 passed in T.M.A. Pai Foundation and Others v State of Karnataka and Others , directing allotment of 15% out of 50%. payment seats to non-Karnataka students, the candidate also applied for having a Dental seat. Accordingly, as per his ranking, he was favoured with the provisional admission order (Annexure-G) on his depositing Rs. 53,350/- ay Union fee. On being approached, the Principal of the respondent-College refused to permit the candidate to join the College without assigning any reason in writing. Accordingly, the present writ petition has been filed for issuing appropriate writ or direction as noticed above. Respondent 2-College has filed its Statement of Objections wherein it has taken the plea that out of permitted intake of 70, 35 seats are free seats, 24 seats are payment seats and 11 seats are N.R.I. Management quota. According to the second respondent-College, out of 24 payment seats, 15 seats am for Karnataka students leaving only 9 seats for allotment to non-Karnataka students. Their further case is that since the petitioner is 10th non-Karnataka student allotted to their College, they were not obliged to permit him to join the College which has been rightly refused by them.

(2.) The learned Counsel for the petitioner has referred theGovernment Order dated 8-9-1995 (Annexure-K) wherefrom it transpires that out of permitted intake of 70, 50% i.e. 35 seats are free seats, 15 seats are payment seats for Karnataka students, 10 seats are payment seats for non-Karnataka students and balance 10 seats are for N.R.I. Management quota. Thus, the College was required to admit 10 non-Karnataka students and 10 N.R.I./Foreign students. This Notification has been issued pursuant to the provisions made, Statutory Rules namely the "Selection of Candidates for Admission to Engineering, Medical and Dental Courses Rules, 1993" as amended from time to time read with Supreme Court Order, dated 18-11-1995 in T.M.A. Pai Foundation's case, supra.

(3.) Keeping in view the said Notification of the StateGovernment it was not competent on the part of the respondent-College to refuse the admission to the candidate on the plea that as per its own determination 15% of N.R.I, quota works out to 11 seats and 15% for non-Karnataka students will works out to only 9 seats. The Government Order allocating the seats to various categories is statutory in nature and it was binding on the College both in view of the statutory provisions and also the directions of the Supreme Court in Unni Krishnan J.P. and Others v State of Andhra Pradesh and Others .