B SUBHAS CHANDRA SHETTY Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India by an unsuccessful applicant for admission to the pre-professional course leading to M. B. B. S. Degree in the Mysore Medical College for a writ in the nature of mandamus directing the respondents (the State of Mysore and the Chairman of the Selection Committee for admission to the Government Medical Colleges, Bangalore Medical College, Bangalore), to admit the petitioner to the pre-professional course leading to M. B. B. S. Degree.

(2.) Respondent No. 1 the State of Mysore has framed rules called the Mysore Medical Colleges (Selection for Admission) Rules by Notification dated the 19th May 1967 for admission to pre-professional course leading to M. B. B. S. Degree in the Government Medical College. Under Rule (6) of the said Rules, 30 per cent of the seats are reserved for persons belonging to the 'backward classes'. The procedure for Selection has been laid down by Rule 11 which provides that the Selection Committee shall prepare a list of persons arranging them in the order of merit on the basis of marks obtained in the optional subjects of the qualifying examination. The petitioner who had secured 201 out of 300 marks in P. C. B. (optional), claimed the benefit of reservation for backward classes. The Selection Committee rejected the petitioner's claim that he belongs to the backward classes on the ground that his father did not satisfy the conditions specified in the Government Order No. ED 75 TGL 63 dated 26th July 1963. The petitioner did not qualify for selection from the merit pool and consequently his application for admission was rejected.

(3.) It is not disputed that if the petitioner is a member of the backward classes he should have been given a seat. Candidates belonging to the backward classes who had secured a total of 192 marks and above were selected; the petitioner having secured 201 marks would have been selected if his claim for being treated as a member of the backward class had been accepted.