9911796707
TMI Blog1986 (3) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 to in the private medical colleges. The appellant was seeking admission under special category reserved for sons of political sufferers or freedom fighters. The relevant rule is Rule 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 emanicipation of India, that is in the struggle for Indian Independence; and (b) who even a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Reservations in favour of sons of political sufferers are considered to be belonging to a special category. There is rationale behind it. Those who are political sufferers undergo certain disadvantages and pass on such disadvantages to their children. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State of Madras, [1950] S.C.R. 88 at 126. See also the observations of this Court in Ishwar Singh Bindra Ors. v. The State of U.P., [1969] 1 S.C.R. 219. This construction, put by High Court, in our opinion, is logical and reasonable construction. The High Court as mentioned hereinbefore has granted a certificate under article 133 (1)(b) of the Constitution. We find that the question is a simple one and the intention and the purpose of the rule is manifest and in the language, there is no difficulty. The certificate under article 133 (1)(b) of the Constitution, in our opinion, was therefore unwarranted. We, therefore, revoke the certificate and dismiss the appeal summarily under Rule 5-A of Order XV of the Supreme Court Rules, 1966. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
