LAKSHMI Vs. STATE

JUDGEMENT

(1.) The petitioner in this petition has questioned the constitutional validity of sub-r. (8) of R.3 of the Karnataka Medical Colleges (Selection for Admission to Postgraduate Courses) Rules, 1986 ('the Rules' for short).

(2.) This petition has come up for Preliminary hearing today, after notice to the respondents and by consent of the learned counsel, it is taken up for final hearing.

(3.) The facts of the case in brief are as follows : Petitioner's father is an officer an the establishment of the Reserve Bank of India. Since 1976 he has been posted at Bangalore and he is residing in this State. The petitioner joined the 9th Standard at Mahila Seva Samaja High School, Bangalore in the year 1976 and after studying for two years in the said school, she completed the S.S.L.C. in 1978. Thereafter she joined the National College, Jayanagar, Bangalore and passed P.U.C. during the academic years 1978 to 1980. She is a holder of National Merit Scholarship. She had secured mare than 90 per cent marks in the P.U.C. examination. She was selected for admission to M.B.B.S. degree course, during the academic year 1980-1981. She joined Bangalore Medical College and she passed the final M.B.B.S. Degree Examination securing first rank and secured Gold medal. During the year 1984-1985, she completed House Surgeoncy and she is eligible for admission to the Post-graduate Course. The petitioner made an application to the Selection Committee for making selection for Admission to the Post-graduate Course in Medical Colleges (respondent 4) seeking admission to the Post-graduate Course. But her application has not been considered in view of sub-r. (8) of R.3 of the Rules called the Karnataka Medical Colleges (Selection for admission to Post-graduate Courses) Rules, 1986. The said sub-rule reads :