9911796707
|
Home
Issues involved: Admission to M.B.B.S. course under special category for sons of political sufferers or freedom fighters.
Summary: The appellant, a student seeking admission to the M.B.B.S. course under a special category for sons of political sufferers or freedom fighters, appealed against the decision of the High Court of Karnataka. The relevant rule, Rule 4 of the Karnataka Medical Colleges (Selection of Candidates for Admission) Rules 1984, defined a political sufferer or freedom fighter. The appellant claimed admission based on his father's participation in the 1942 Movement and subsequent imprisonment. The main contention was the interpretation of sub-clauses (a) and (b) of the rule, whether they should be read independently or cumulatively. The High Court upheld the view that both sub-clauses must be fulfilled for eligibility as a political sufferer. The rationale behind reservations for sons of political sufferers is to acknowledge the disadvantages they face due to their parents' sacrifices. A political sufferer must have suffered in one of the specified ways to qualify for the special category. The Court emphasized that the conjunction "and" in the rule has a cumulative effect, requiring the fulfillment of all conditions. The High Court's interpretation was deemed logical and reasonable, leading to the dismissal of the appeal under Rule 5-A of Order XV of the Supreme Court Rules, 1966. The appellant, despite the dismissal, was recognized for his academic achievements and advised to be considered objectively in the general admission category. In conclusion, the appeal for admission to the M.B.B.S. course under the special category for sons of political sufferers was dismissed, emphasizing the need for fulfilling all conditions specified in the rule. The appellant's academic performance was acknowledged, and he was advised to be considered fairly in the general admission category.
|
