SRINIVASA DAMODAR Vs. SELECTION COMMITTEE FOR ADMISSION TO GOVT MEDICAL JOLLEGES

JUDGEMENT

(1.) The petitioner was one of the applicants for the I Year M.B.B.S. Course for one of the seats in the Government Medical Colleges or seats over which the Government had control lor purposes of filling up those seats in onf of the Private Medical Colleges in the State of Karnataka for the academic year 1979-80. It is not in dispute that the petitioner was selected and kept in the waiting list. By an intimation dated 3-10-1979, the petitioner and another person by name Vijayalakshmi were intimated that they were selected provisionally ami that they should join the Bellary Medical College on or before 10th October 1978 before 5 P.M. after paying the requisite fee in that behalf. This intimation was sent to the petitioner by registered post addressed to his native village Kini in Ankola Taluk in Ankola Taluk in Uttara Kannada District. As is borne but by the postal seals, there is no doubt about its despatch on 3-10-1979. Equally, there is no doubt that it was received at Ankola or. 6-10-1979. Apparently by some one at the, Village Kini who was interested in the petitioner, it was redirected to an address at Shankerpuram Bangalore-4. The postal seal indicates that the registered cover was received back on 10-10-1979, the date on which the petitioner admits having received the intimation.

(2.) The, petitioner immediately sent a telegraphic money order at about 1-30 P.M. on the same day to the Principal, Bellary Medical College (3rd respondent). However, by the time be reached Bellary by, Car, it was beyond working hours of the College and he could present himself only on the morning of 11th October, 1979 before the 3rd respondent. The 3rd respondent refused to admit him to the College. But, however, the 3rd respondent-Principal by his communication addressed to the 2nd respondent-Selection Committee, informed of the advice he had tendered to the petitioner as well as Vijayalakshmi to seek extension of time for joining the College, from the Selection Committee. This intimation is dated llth October, 1979. On the 12th October, 1979 the petitioner made a representation to the Minister for Health as well as the Selection Committee explaining the circumstances under which he could not get himself admitted before 5 P.M. on 10th October, 1979. The Minister for Health forwarded the application of the petitioner for the consideration of the Director of Medical Education in Karnataka who is none other than the Chairman cf the Selection Committee (1st resp ndent). On 16-10-1979 this writ petition has been filed as there was no response from the 1st respondent-Selection Committee regarding extension of time. The prayer in the writ petition is for a writ of mandamus to respondent to admit the petitioner to Bellary Medical College.

(3.) This Court issued notice regarding rule in order to enable quick disposal of the petition but did not grant the interim relief prayed for by the petitioner to admit him to the Medical College at Bellary pending disposal of the writ petition.