Sabyasachi Mukharji, J. - (1.) This is an appeal by certificate under Art. 133(1)(b) of the Constitution from the decision of the Division Bench of the High Court of Karnataka dismissing the appeal against the Judgment of the learned single Judge of that High Court. The appellant herein who is a student of some academic distinction and ability sought admission to the 1st year of M.B.B.S. Course to the Directorate of Medical Education, Karnataka. The appellant was an applicant to one of the Government seats in the. Medical Colleges managed by the Government or one of the seats to which the Government was entitled in the private medical colleges.
(2.) The appellant was seeking admission under special category reserved for sons of political sufferers or freedom fighters. The relevant rule is R. 4 of the Karnataka Medical Colleges (Selection of Candidates for Admission) Rules 1984, Note (iii) of the said Rule has defined a Political Sufferer or Freedom Fighter as follows: "A person - (a) who prior to 15th August 1947 participated in the National Movement for the emancipation of India, that is in the struggle for Indian Independence; and (b) who even after 15th August, 1947 participated in the struggle in any princely State for securing accession of such State to the then dominion of India, who on account of such participation (i) has suffered imprisonment or detention for a period of not less than three months, the said period being calculated taking into account the. period of remission, if any, granted for good conduct, other like reasons. or (ii) has been awarded capital punishment; or (iii) had died while undergoing sentence or detention; or (iv) was killed or became permanently incapacitated by Police or Military firing or lathi charge; or (v) lost his job, property or other means of livelihood: (vi) Where certificates of imprisonment are not available due to records being destroyed, etc., an affidavit by the political sufferer about his imprisonment supported by a certificate from a Member of Parliament or a Member of the State Legislature. who has been in Legislature who has been in jail with him specifying the period of imprisonment would be accepted."
(3.) The case of the appellant was that his father had participated in 1942 Movement and was imprisoned from 10th of September. 1942 to 2nd of October, 1942. His further case is that because of the aforesaid, participation. his grandfather i.e. father of the appellant's father. was annoyed and turned him out of the house and so the father of the appellant could not pursue his studies and therefore could not qualify himself well for good job. The appellant claimed admission on the ground of being a son of a freedom fighter or political sufferer and that he belongs to a special category and should be treated as such. It is contended that sub-clause (a) of clause (iii) of the note 4 of the Rules should be read independently as well as sub-clause (b) not only of each other but also what follows by way of proviso though not so mentioned. The learned Judge was unable to accept that contention. The Division Bench accepted this view of the learned single Judge.;