PETITIONER: TMA PAI FOUNDATION Vs. RESPONDENT: STATE OF KARNATAKA DATE OF JUDGMENT04/11/1993 BENCH: PANDIAN, S.R. (J) BENCH: PANDIAN, S.R. (J) AGRAWAL, S.C. (J) MOHAN, S. (J) JEEVAN REDDY, B.P. (J) BHARUCHA S.P. (J) CITATION: 1994 SCC (2) 195 1993 SCALE (4)368 ACT: HEADNOTE: JUDGMENT:
ORDER
1.Several telegrams purported to have been sent by
parents, students and other associations and organisations
complaining of violations of the orders/directions of this
Court by some professional colleges in Karnataka State in
the matter of admission of students have been received by
this Court. Though it is not possible to treat all those
telegrams as individual applications and inquire into the
truth or otherwise of the allegations contained in those
telegrams and grant relief in the absence of an application
filed in the manner known to all we, however, keeping in
view the predominant interest of the students community,
directed one such telegram purported to have been sent by Dr
Nunjundiah, President, Indian Medical Association, Karnataka
Branch, Bangalore to be treated as an application in the
matters concerned pending before us and issued notice to the
learned Advocate-General of Karnataka who was present in the
Court on November 2, 1993. The learned Advocate-General
appearing before us today, on verification of the telegram,
confirms that Dr Nunjundiah is the author of the telegram.
Indeed, on his behalf, the learned Senior Counsel Mr Rama
Jois is appearing. Mr Rama Jois confirms that there are
some violations of the orders and directions of this Court
committed by some of the professional colleges in the matter
of admissions. He placed certain material before us in
support of his averments. At this stage the Advocate-
General states that out of 50% of the payment seats, 15% are
allotted to NRI students and other foreign students and that
of the remaining 35% seats, 20% seats are allotted to
Karnataka students and 15% to non-Karnataka students. He
also assured us that the alleged violation will be looked
into by the State.
2.Be that as it may, in order to avoid any inconvenience
to the students, we issue the following directions further.
3.The complaints regarding violation of or non-compliance
with the orders/directions of this Court made on several
occasions in relation to the
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admission of students to professional colleges in Karnataka
shall be made before Secretary (Education Department) to the
Government of Karnataka. The Secretary shall on receipt of
the complaints, look into them forthwith and pass
appropriate orders to ensure strict compliance with orders
and directions of this Court. On such action taken he shall
send a report to this Court on or before November 15, 1993,
mentioning cases, if any, of violations of or non-compliance
with the orders/directions of this Court.
4.If the students selected for admission do not join the
colleges within 5 days from the date of the publication of
the admission list and allotment of seats, the competent
authority shall prepare and publish a waiting list of the
candidates in the order of merit forthwith for filling up
any casual vacancies or drop out vacancies. Those vacancies
will be filled up within 5 days thereafter from the date of
the publication of such waiting list and they shall be
admitted in accordance with clause 9 of the Scheme under
paragraph 210 of the judgment in Unni Krishran, J. P. v.
State of A. P. 1
5.However, since more than 3 months of this academic year
have passed by and the admissions are not yet finalised, we
direct all the heads of the institutions to finalise
admissions as directed by this Court and in accordance with
the directions given herein and open their respective
colleges and commence the courses on or before 15th of this
month.
6.It is made clear no free seats shall be transferred to
the category of payment seats or to any other category.
Similarly no unfilled seats as on November 15, 1993 shall be
surrendered to the management until further orders.
7.The Government of Karnataka shall give wide publicity
to this order in the State of Karnataka by all available
media. List the matters on November 17, 1993.
Court Masters
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