S A MANJUNATH ANNAYYAPPA Vs. UNIVERSITY OF BANGALORE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for issue of a Writ of Mandamus directing the Dean of the Medical College, Bangalore, to permit the petitioner to prosecute his studies in the pre-professional course in Medicine and to allow the petitioner to attend the classes and take the examination. An appropriate writ is also prayed for to cancel the order of the Chairman of the Selection Committee as also of the Dean which cancelled the admission of the petitioner to the Medical College.

(2.) The petitioner submitted an application in 1965 for a seat in the Bangalore Medical College. Along with his application he enclosed his marks card of the P. U. C. examination for the year 1959. That card showed that the petitioner had secured 190 marks in the group of subjects comprising Chemistry, Botany and Zoology. He was interviewed by the Selection Committee and was selected for admission to the Bangalore Medical College. He paid his fees on 21-8-1965 and commenced to attend the classes from 27-8-1965. On 28-8-1965, he received a communication (Ex. 'A') from the Director of Health Services and the Chairman of the Selection Committee to the effect that his temporary selection made earlier had been cancelled as it had been ascertained from the Controller of examinations, University of Mysore, that he (the petitioner) had in fact secured only 130 marks and not 190 marks in the optional group as shown in the marks card produced by him. This was followed by an identical communication (Ex. B) dated 31-8-1965 from the Dean of the Bangalore Medical College. The petitioner addressed four representations (Ex. 'C', Ex. 'D', Ex. 'E' and Ex. 'G'). The first two to the Dean of the Medical College and the last two to the Chairman of the Selection Committee. The request that he made in these representations is for return of his original certificates and refund of the fees paid by him. He was informed by the Dean of the Medical College as per Ex. 'F' on 8th October 1965 that his request for refund of fees and retransmission of the marks card was under consideration. A similar reply was sent to him as per Ex. 'H' dated 28th October 1965 by the Chairman of the Selection Committee. The present petition came to be filed for the aforesaid reliefs on 4th January 1966 against the University of Bangalore, the Dean of Medical College, Bangalore, and the Chairman of the Selection Committee.

(3.) Of these respondents, the Dean of the Medical College, Bangalore, has filed his counter, wherein he has stated that the petitioner had been provisionally admitted to the Pre-professional course in Medicine in the Medical College at Bangalore, that according to the University Register, the marks secured by him in the optionals were only 130 and not 190 as per the report of the Controller of Examinations, Mysore University, that the admission of the petitioner to the Medical Course was due to inadvertence or mistake, and that the petitioner was not at all eligible for being selected by the Committee and hence no right had accrued to him to continue his studies for the Pre-professional course in Medicine. The Dean has also stated that the last candidate selected and admitted to the course from amongst candidates belonging to the Socially and Educationally backward Classes had secured 210 marks in all and that the petitioner's marks were only 156.