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 Backward Classes.
(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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