N S SUDHA Vs. SELECTION COMMITTEE FOR ADMISSION TO MEDICAL COLLEGES BANGALORE
LAWS(KAR)-1966-12-12
HIGH COURT OF KARNATAKA
Decided on December 14,1966

N.S.SUDHA Appellant
VERSUS
SELECTION COMMITTEE FOR ADMISSION TO MEDICAL COLLEGES, BANGALORE Respondents

JUDGEMENT

Chandrashekhar, J. - (1.)The short question that arises for decision in this petition under Arlicle 226 of the Constitution, is whether the petitioner should have been treated as belonging to socially and educationally Backward Class as defined hy Government Order No E. D 76 T G L. 63. dated the 26th July, 1963.
(2.)The petitioner was an applicant for admission to one of the Government Medical Colleges in the State She has passed the Pre-University Course Examination of the Bangalore University. She secured 197 marks in the optional subjects and 35 marks in the interview, that is aggregate marks of 232 She claimed to belong to socially and educationally Backward Class The last selected candidate in the General Pool of the Bangalore University secured 240 marks while the last selected can-didale in the reserved seats for socially and educationally Backward Classes, secured 222 marks in the aggregate It is undisputed that tf her claim to belong to such Backward Class Is upheld she is entitled to be selected for admission to one of the Medical Colleges and if her claim is not so accepted, she would not be entitled to be selected.
(3.)Government Order No. E. D. 75 T. G. L 63, dated 26-7-1963, lays down two criteria for determination of socially and educationally Backward Classes. The first criterion is that the annual income of the family of the student should not exceed Rs. 1,200. The second creterion is that the parent (or the guardian where parents are not alive) of the student should be pursuing one of the following five categories of occupations:-
(i) Actual Cultivator (ii) Artisan (iii) Petty businessman. (iv) Inferior service (i.e.. Clause IV in Government service and corresponding class of service in private employment) including rasual labour. (v) Any other occupation involving ma-nual labour



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