NAGASHREE M RATHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition for a writ of mandamus, the petitioner seeks a direction against the respondents asking them to extend the scheme and benefit of reservation applicable to free seats and payment seats also for admission to various professional colleges being finalised by the Common Entrance Test Cell for the year 1996-97.

(2.) THE petitioner has taken the Common Entrance Test, in the hope of joining an Engineering or Medical Course in one of the Institutions in the State of Karnataka. Being a Scheduled caste candidate she apprehends that she may not in view of the rank assigned to her in the C. E. T. Result, find a berth in the free seat category in any one of these courses. She claims to have approached the respondents for consideration of her case against a payment seat in the category reserved for Scheduled Caste candidates. This request was declined on the ground that the reservation of seats for Scheduled Caste and Scheduled Tribe candidates is not applicable to payment seats. Aggrieved she has filed the present petition for a mandamus as already pointed out earlier in which she contends that the reservations made for scheduled Caste, Scheduled Tribe and Backward Class candidates in terms of Government orders dated 17th september, 1994, 12th October, 1994 and 28th Decemeber, 1995, referred to in the writ petition is ipso facto applicable to payment seats also or ought to be made applicable to such seats. It is urged that the Government orders in question have been issued in exercise of the powers conferred upon the State under article 15 (4) of the Constitution of India, and that the same must necessarily regulate admissions to the professional courses regardless of whether such admissions were made in one or the other category. The Government orders, it is contended, being relatable to a superior source of power like Article 15 of the constitution must get precedence over the scheme otherwise prescribed by the rules framed by the State under the karnataka Educational Institutions (Prohibition of Capitation fee) Act, 1984. Viewed thus, the petitioner considers herself entitled to a direction extending the reservation prescribed by the Government orders even to payment seats no matter the statutory rules framed under the Act aforesaid, do not provide for the same.

(3.) HEARD.