P.G. PARVATHI D/O. P.M.K. BHARGA RAJU, DR. HARIPRASAD RAO RAJU S/O. LAKSHMAIAH NAIDU AND DR. T.R. SHYAM PRASAD S/O. T.L. RANGAIAH SHETTY Vs. THE STATE OF KARNATAKA BY ITS SECRETARY, MEDICAL EDUCATION AND OTHERS

JUDGEMENT

(1.) IN these Writ Petitions, 5 students have approached this Court asserting common facts and raising common questions of law. Hence, all these petitions are heard together and are disposed of by this common judgment. In fact, these Writ Petitions were listed before the learned Single Judge of this Court and an Interim Order directing provisional admission of the students for the various Post Graduate courses in Dental Sciences has been passed on 31.05.2007. Challenging the said Interim Order, the Karnataka Religious and Linguistic Minority Professional Colleges Association and as also the Principal, Oxford Dental College and Research Centre, Bangalore filed two separate Writ Appeals, in W.A. No. 1032/2007 and 1046/2007. In the course of hearing of the said Appeals, it was felt that the questions raised for consideration in the Writ Appeals virtually result in considering the questions raised in the Writ Petitions. Hence, for the purpose of effective and final adjudication of the controversies raised before the Court, the Writ Petitions were ordered to be heard along with the Writ Appeals. Therefore, the Writ Petitions are before us for consideration.

(2.) IN W.P. No. 7019/2007. there are 3 petitioners, whereas W.P. 7469/2007 and 8094/2007 are filed by individual students. These 5 students had appeared for the Post Graduate Common Entrance Test (for short 'PGCET -2007') for admission to P.G. Dental Courses in the Religious and Linguistic Minority Professional Colleges in Karnataka. The Karnataka Religious and Linguistic Minority Professional Colleges Association (for short 'the Association') which is arrayed as respondent No. 4 in W.P. No. 7019/2007 has conducted the examination. It has 5 Minority Educational Institutions as its members which include both Medical and Dental Colleges situated in the State of Karnataka. They are (1) Al -Ameen Medical College, Bijapur (2) Al -Ameen Dental College, Bijapur (3) Bangalore Institute of Dental Sciences, Bangalore (4) Coorg Institute of Dental Sciences, Virajpet and (5) The Oxford Dental College, Bangalore. In these cases, we are concerned with the Dental Colleges only as admissions to Post -Graduate Dental Courses for the academic year 2007 -08 are under challenge.

(3.) THE case of the petitioners stated in nutshell is that they belong to the Telugu Linguistic Minority residing in the State of Karnataka. They were eligible and qualified for appearing for the Common Entrance Test - 2007 conducted by the Association. The Association is an Association formed by the Religious and Linguistic Minority Professional Colleges and the two Colleges with which we are concerned, viz., (1) The Oxford Dental College and Research Centre, Bangalore, 10th Milestone, Bommanahalli, Hosur Road, Bangalore - 560 068 and (2) Bangalore Institute of Dental Sciences and Hospital, No. 5/3, Hosur Main Road, Bangalore are Institutions established by the Telugu Speaking Linguistic Minority Community in Karnataka. In that capacity they have enjoyed the protection conferred under Article 30(1) of the Constitution of India and it is in furtherance of the same, that the State Government from time to time recognised their status as Educational Institutions established by Linguistic Minority and extended all the available benefits on condition that they admit, for the relevant years, students belonging to the said Linguistic Minority Community to a specified extent. It is in this background that the Association formed by these Linguistic and Minority Professional Colleges have conducted the Common Entrance Test for the purpose of selecting eligible students for admissions to various Post Graduate courses. It is further contended by them that the Association was conducting the Common Entrance Test giving special preference to the candidates belonging to the Religious and Linguistic Minority. After the test was conducted, the date of Counseling was announced which was scheduled on 15th April 2007. While announcing the same, it was made clear by the Association that based on inters merit of the candidates first choice would be given to candidates belonging to Religious or Linguistic Minority and if any seats were left vacant, they would be passed on to the candidates belonging to General Category and the Seat selections for the said category would also be based on inters merit. The publication issued in this regard notifying the date of counselling and containing the instructions for participation in Centralised Single Window Seat Selection process is produced at Annexure 'N'.