SOMASHEKHAR VEERAPPA B MURGOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition , in which the petitioner who, was an applicant for admission to Ist year M.B.B.S Course in any one of the Medical Colleges in the state has prayed for issue of a writ of mandamus directing the Selection committee to select him for Ist year M.B.B.S. Course during the academic year 1979-80 the following question arises for consideration:

(2.) The State has constituted a, Selection Committee for the purpose of making selection for admission to Ist Year M.B.B.S Course in Government and Private medical Colleges in the, State. 'The selection Committee called for applications from the eligible candidates for admission to Ist year M.B.B.S. Course during , the. academic year 1979-80. The petitioner being eligible for admission to M.B.B.S. Course submitted his application to the Selection Committee. In the application, the petitioner claimed admission as against seats reserved for Backward, Communities as per Government order dated on 18-5-1977, on the basis that he belongs to Kuruhina setty, Community, which is one of the. Backward Communities, set out in appendix-I to the said Government Order in which, the State Government directed reservation of seats in favour, of Backward Communities, Backward Castes and special Groups to the extent of 20 per cent,20 per cent and 10 percent respectively along with the application, the petitioner has produced a certificate obtained from the prescribed officer to the effect that the petitioner belongs to Kuruhina setty community which is one of the Back Backward Communities as specified in the Government order dated 18-5-1977. The petitioner was called for interview. He was not selected. .The petitioner found that persons who had secured lower marks than him have been selected as against the seats reserved for Backward communities. Hence, he has presented this writ petition complaining discrimination in the matter of selection for admission to Ist Year M.B.B.S Course.

(3.) Sri B.B. Mandappa, learned High Court, Government Pleader, submitted that the Selection Committee rejected the, claim of the petitioner for selection as against the seat reserved for Back ward Communities on the ground that the petitioner belongs to Lingayat com as disclosed from, the copy of the transfer certificate produced by him along with the application. Therefore, he submitted that as Lingayat communities is not one of the communities specified in the annexure to the Government order dated 18-5-1977, the Selection Committee was right in rejecting the claim of the petitioner.