ST JOHNS MEDICAL COLLEGE Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) A Society called the C.B.C.I. Society for Medical Education (hereinafter referred to as'the Society') registered under the provisions of the Karnataka Societies Registration Act of 1969, which is the 2nd petitioner has established and is running a private Medical College called the St. John's Medical College, Bangalore, (hereinafter referred to as 'the College') which is the let petitioner in this writ petition. One Dr. C. M. Francis, who is the Dean of the College is the 3rd petitioner. These petitioners, who have a joint and common interest have joined in filing this writ petition to avoid any possible technical objection by the respondents.

(2.) For the academic year 1978-79, which is stated to commence on 2nd August, 1978and end with the end of april 1978, the College invited applications from qualified candidates to fill up the sanctioned strength of 60 candidates of the 1st M.B.B.S. Course. In response to the said invitation; respondent No. 3 and a large number of eligible candidates applied and in the selection made with due regard to reservations and merit, respondent No. 3 did not find a place in the list of 60 candidates, but found a place as SI. No. 2 in the waiting list of candidates Ml the selected 60 candidates joined the College on or before the due date and thersefore the question of offering seats to the candidates placed in the waiting list did not then arise. Some time after the commencement of the classes, one of the lady candidates discontinued her studies and therefore a vacancy arose the filling of which has given rise to this writ petition. In the first instance, the College . decided to fill up that vacancy by offering the same to the 1st candidate in the waiting list, who did not accept the same. In that view, the College decided to admit respondent No.3 by obtaining permission of the Bangalore University (hereinafter referred to as 'the University') constituted and functioning under the provisions of the Karnataka State Universities Act, 1976 (Karnataka Act No. 28 of 1976) (hereinafter referred to as 'the Act') for her late admission and accordingly addressed the University in the matter, which was granted by it on 25-9-1978. On the strength of the permission granted by the University, respondent No. 3 approached the College to admit her to the course, which v as not acceded to by it in spite of another direction issued by the University. In these circumstances, respondent No. 3 moved this Court in W. P. No. 11513 of 1978 seeking for a writ in the nature of mandamus to the College to admit her, impleading the University also as a party respondent. On 31.10.1978, Rama Jois, J. holding that a writ petition seeking for a writ of mandamus against the College which was a private Medical College was not maintainable, dismissed the said writ petition. In dealing with a submission made by respondent No. 3 that the University can compel the College to admit her to the College which issue did not directly arise for determination, the learned Judge observed thus: -

(3.) Without challenging the above order in an appeal or any other legal proceeding, respondent No. 3 presented a petition on 4.11.1978 to the Governor of Karnataka who is also the Chancellor of the University to intervene in the matter and prevail on the College authorities to admit her to the College, as if that was the view or direction of this Court. On that petition, the Chancellor on the same day, minuted as under: -