MONIKA PAHWA Vs. DIRECTOR OF MEDICAL EDUCATION BANGALORE

JUDGEMENT

(1.) these writ petitions have been filed by 15 students who clalms to have been admitted by the respondent-Bangalore institute of dental sciences and hospital, Bangalore (hereinafter in short 'the college') to the b.d.s. course during the academic year 1994-95. They have approached this court for issuance of a writ of mandamus directing the respondents-director of medical education, the Bangalore university and the state government to approve the admissions of these petitioners in the first year b.d.s. course as accorded by the college under the purported management quota, since the respondent-university under its communication dated 17-10-1995 (annexure-r2 to the university's statement of objection) has refused to approve their admissions on the ground that the respondent-director of medical education has held these admissions in excess of the sanctioned intake under the management.

(2.) the rights of college managements to admit students are governed by the Provisions of the Karnataka universities Act, 1976 (in short the University Act'), the Karnataka educational institutions (prohibition of capitation fee) Act, 1984 (in short 'the capitation fee act'), the rules framed thereunder, namely the Karnataka selection of candidates for admission to engineering, medical and dental courses rules, 1993 (in short 'the admission rules') and the orders passed or the directions issued by the Supreme Court of India in this regard from time to time. Therefore for ascertaining the said right of the management, it is necessary to examine the respective statutory Provisions and the judicial directions issued in this regard.

(3.) in the case of unni Krishnan J.P.and others v State of Andhra Pradesh and others, the Supreme Court with an idea to eliminate the discretion in the management altogether in the matter of admission, envisaged a scheme as contained in paragraph 170 of the report. According to the said scheme, all the seats in professional colleges were to be filled up by governmental agencies 50% being free seats and the remaining 50% as payment seats.