GK SUMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has prayed for the following reliefs, in this writ petitions:-

(2.) THE State Government by notification dated 8.12.2006 issued the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses Rules, 2006 (for short hereinafter referred to as the Rules). In terms of F12 of the Rules, out of the total number of seats available for in-service candidates, 15% of the seats are reserved for Scheduled Castes and 3% of the seats are reserved for Scheduled Tribes. THE petitioner filed an application for admission to P.G. Course as in-service doctor for PGET under the quota reserved for ESI Department. Based on the marks secured in the entrance test, the third respondent issued a selection list consisting of 20 doctors for consideration to the seats reserved for ESI in-service candidates. 5th respondent issued notification on 9.4.2009 determining seat matrix and fees structure for the Post Graduate Medical Degree and Diploma Courses in Government and Private Medical College for the academic year 2009-10. Copy of the notification dated 9.4.2009 is produced at Annexure-F to the writ petition. THE records further reveal that 30% of seats are ear-marked for in-service candidates, and out of the same 10% of Post Graduate Medical Degree seats are reserved for doctors of ESI Department. Pursuant to reservation of 10% of the seats for in-service candidates from amongst ESI Department, the seat matrix was published in the internet for the Post Graduate Entrance Test, 2009 counseling. Seat matrix is produced at Annexures-G, G1, and G2 to the writ petition. A perusal of Annexure-G series makes it clear that out of 12 seats which constitute 10% of in-service seats meant for ESI Department, 10 seats are allotted for General Merit Category and 2 seats are reserved for Scheduled Castes. No Seat is reserved for Scheduled Tribes. No seat can be reserved for Scheduled Tribe this year as even one seat falls short of 3% of the seats reserved for Scheduled Tribes. In the first round of counseling held on 15.4.2009, 10 seats under General Merit Category and one seat under Scheduled Caste Category have been filled up. However, another seat reserved for Scheduled Caste Category has not been filled up. THE petitioner made representation to the respondents to convert the seat reserved for Schedule Caste Category in to the reservation quota of Schedule Tribe Category, in view of non-availability of Schedule Caste candidate. THE said representation is not considered by the respondents. Hence, this writ petition is filed praying for the above mentioned reliefs.

(3.) CLAUSES 1, 2, 3 and 4 of the said Government Order dated 12.7.1989 referred to above are relevant to note, which read thus:-