K SHANTHA KUMAR Vs. STATE OF MYSORE
HIGH COURT OF KARNATAKA
STATE OF MYSORE
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CHANDRASHEKHAR, J. -
(1.)The petitioner was an applicant for admission to Medical Colleges in
Mysore State. He claimed to belong to socially and educationally Backward Classes. The
Selection Committee for admission to Medical Colleges,
did not accept his claim that he belonged to such Backward Classes. As
the marks secured by him were not sufficiently high for being selected for
one of the unreserved seats in Medical Colleges, he was not selected. In
this petition, the petitioner has impugned the decision of the Selection
Committee in not treating him as belonging to socially and educationally
(2.)In his application for admission, the petitioner stated that he was
19 years of age, that his father was one Ramiah Setty who was a 'cooly' by
occupation having an annual income of Rs.450. The said Ramiah Setty
has signed the application as the parent of the petitioner. The petitioner
produced along with his application a copy of the deed of adoption dt.10-3-1969,
registered on 14-4-1969. According to this deed, the petitioner's
natural father, M. Krishna Setty gave the petitioner in adoption to Ramiah
Setty about 3 years prior to the date of this deed. It is also recited in this
deed that the wives of Krishna Shetty and Ramiah Setty are sisters and
that Ramiah Setty who has no children, brought up the petitioners.
(3.)In the counter-affidavit sworn to by the Chairman of the Selection
Committee, it is averred that the petitioners father, M, Krishna Shetty,
is supervisor in the office of the National Extension Service at Kanakapura.
The following circumstances have been mentioned in the counter-affidavit
as being unusual: In the SSLC. certificate dt. 30-5-1966, the name of the
petitioner's father is given as M. Krishna Shetty. In his application for
admission as well as in the affidavit accompanying that application, the
petitioner's initial is mentioned as 'K' which stands for the name of his
father, Krishna Shetty. The petitioner's father who was in comparatively affluent
circumstances, is stated to have given his son in adoption to
a 'cooly' with a meagre income. Though the adoption is stated to have
taken place in about the year 1966, the deed of adoption has come into
existence just three months before making the application for admission.
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