RAVISHANKAR NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Shri Ravishankar Naik who claims to be a member of a Scheduled Tribe called 'MARATI' in the District of South Kanara, was an applicant for a seat to the First Year MBBS Course in the Government Medical Colleges in the State of Karnataka regulated by the Karnataka Medical Colleges (Selection for Admission) Rules, 1977 (hereinafter referred to aa 'the 1977 Rules'). In the Pre-University examination, that being the qualifying examination/subjects, he has secured 466 marks in the optional subjects or 77.7 per cent and he is the top scorer in the category of Scheduled Tribes. After interviewing the petitioner on 1-8-77 the Selection Committee has rejected his application holding 'No certification from the Tahsildar', 'Caste differs from ST List'. In this writ petition under Art.226 of the Constitution, the petitioner has challenged the said action of the Selection Committee as infringing Art.14 of the Constitution.

(2.) In the Statement of Objections filed, the only justification sought by respondent Nos.1 and 2 is that the relevant certificate certifying that the petitioner is a member of the Scheduled 1 ribe is not signed or issued by one of the authorities that is competent to issue the same. No where in the Statement of objections, respondent Nos. 1 and 2 have sought to justify the rejection of the application of the petitioner on -the ground that "the caste differs from ST List". At the hearing of the writ petition also, Shri. B.B.Mandappa, learned High Court Government Pleader, did not seek to justify the rejection of the application of the petitioner on that ground. In my view, the second ground given by the Selection Committee is manifestly wrong and unjustified.

(3.) An applicant seeking admission to the Government Medical Colleges has to make his application in a printed Form prescribed and supplied by the Government on payment of a price of Rs.3. Column No.3 under heading 'General' and Column No.15(iv) under the heading 'other information' of the Application that have a bearing on the determination of the question reads thus : -