B WDEVADAS Vs. SELECTION COMMITTEE FOR ADMISSION OF STUDENTS TO THE KARNATAK ENGINEERING

JUDGEMENT

(1.) These three Writ Petitions are by three unsuccessful applicants for admission into the Karnataka Regional Engineering College, Surathkal, South Kanara viz., B.M. Devadas, B. Raghunath and H. Aruna Prakash praying for the issue of a writ of mandamus or other appropriate writ, direction or order requiring or directing the first two respondents in each of these petitions, viz., the Committee for selection of students for admission into the College and the Principal of the College, to admit them into the said College for the five years integrated course of Engineering. Respondents 3 and 4 in Writ Petitions Nos. 1012 and 1013 of 1961 are H.K. Chandrasekharappa and B.C. Mallikarjuna who have been admitted into the College for the said course. Respondents 3 and 4 in Writ Petition No. 1266 of 1961 are two ether students, viz., Conleth Gomes and Eustace Pais, who have been similarly admitted into the College for the said course.

(2.) It is common ground that for the purpose of such admission into the College the marks obtained by the applicants in the subjects of Physics, Chemistry and Mathematics at the qualifying examination were particularly taken into account. The petitioner in Writ Petition No. 1012 of 1961 had secured 182 out of 300 marks in the said subjects, and the petitioner in Writ Petition No. 1013 of 1961, 175 out of 300 marks. Respondents 3 and 4 in those petitions had secured respectively 141 and 145 out of 300 marks in the said subjects. The petitioner in Writ Petition No. 1266 of 1961 had secured 168 out of 300 marks as against 146 and 150 respectively out of 300 marks secured by Respondents 3 and 4 therein.

(3.) The petitioners therefore claim that there has been an infringement of equality of opportunity guaranteed under Article 14 of the Constitution of India.