GOPALAM MITHULA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AN interesting question of considerable importance arises for consideration in these two writ petitions. The question precisely is whether a classification based on the place of birth of either the candidate or any one of his parents is permissible having regard to the provisions contained in Articles 14 and 15 of the Constitution. The petitioners who stand excluded from consideration for admission against a free or payment seat in the Karnataka quota only on account of the fact that none of their parents were born in Karnataka, have assailed the validity of rule 7 (ii) of the Karnataka Selection of Candidates for admission to engineering, Medical and Dental Courses Rules, 1997 as amended by notification dated 8th of May, 1998. The challenge is mounted against the following backdrop.

(2.) WING Commander K. Venkatachalam, father of petitioner in W. P. No. 15502 of 1998 is an Air Force Officer who hails from the adjoining state of Tamilnadu. He has served in Bangalore for different periods between 1977 and 1996 but having taken voluntary retirement from service is presently settled in Madras. The petitioner as also his parents were born at Madras, although the petitioner was admitted to the Army school at Bangalore, wherefrom, he has appeared in the qualifying 10+2 examination conducted by the Central Board of Secondary Education.

(3.) DR. G. Hanumantha Rao, father of petitioner in W. P. No. 17330 of 1998 is a Doctor by profession having passed his M. B. B. S. Examination from Karnool, in the State of Andhra Pradesh. Having served as an army Officer in different parts of the Country Dr. Rao has now retired from service and is settled in Bangalore. Except for the period when the petitioners' father was posted out of Bangalore, the petitioner has been a student of one or the other Institution in Bangalore. The parents of the petitioner have built a house at Bangalore and their names are duly entered in the electoral rolls at Bangalore. According to the averments made in the writ petition the mother of the petitioner who also is a doctor by profession, has been continuously residing at Bangalore since the year 1968. In both the cases however, the petitioners have not admittedly studied for a period of 7 years in any Government Recognised institution in the State of Karnataka so as to be eligible for consideration against a free or payment seat on that basis. Both the petitioners have appeared in the Entrance Test Cell and wish to be considered for admission against a free or a payment seat as a Karnataka student. Admission to professional colleges in the State is regulated by what are known as 'karnataka Selection of Candidates for Admission to Engineering, Medical and Dental Courses Rules, 1997', framed under Section 14 of Karnataka Educational Institutions (prohibiting of Capitation fees)Act, 1984. Rule 4 of the said Rules, inter alia provides that all the free medical, Dental and Engineering seats in Government/university/aided/ unaided colleges, excluding Minority Institutions shall fall to the share of the State Government and shall be allotted in accordance with the procedure prescribed under the said Rules. Rule 7 of the rules prescribes the eligibility for Karnataka Quota seats and provides that all free and payment Karnataka quota seats shall be filled by candidates who satisfy one of the conditions prescribed therein. For purposes of these petitions conditions (i) and (ii) stipulated under Rule 7 alone are relevant out of which conditions (i) remains as it was originally engrafted though condition (ii) has undergone a change, by way of an amendment, introduced by the State Government under notification dated 8th of May, 1998. Rule 7 and conditions (i) and (ii) stipulated therein as the same existed before the said amendment may at this stage be extracted: rule 7. All free and payment Karnataka quota seats shall be filled by candidates who satisfy one of the following conditions: namely: (i) a candidate should have studied and passed in one or more government or Government recognised educational institutions located in the State of Karnataka for a minimum period of Seven academic years commencing from 1 Standard to II PUC/12th standard as on 1st July of the year in which the Entrance Test is held and should have appeared and passed S. S. L. C. /10th standard or II PUC/12th Standard Examination from Karnataka state: provided that candidate who takes more than one year to pass a class or standard, the years of academic study is counted as one year only. (ii) a candidate should have studied and passed I and II year pre-University Examination or equivalent examination within the state of Karnataka from an educational institution run or recognised by the State Government and that either of his parents should have born and studied or resided in Karnataka for a minimum period of Seven years".