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1971 DIGILAW 346 (KAR)

N. M. NATARAJA v. SELECTION COMMITTEE, MEDICAL AND DETAL COLLEGES

1971-11-23

GOVINDA BHAT, VENKATASWAMI

body1971
GOVINDA BHAT, J. ( 1 ) THE petitioner sought admission to the Pre-professional Course lead to MBBS. in one of the Government Medical Colleges in the State of mysore. He claimed to belong to the socially and educationally backward class. To support that claim, he set up his adoption alleged to have been made by his mother's sister Smt. Annapurnamma who is stated to be a tailor with an annual income of Rs. 780. The Selection Committee rejected his clai-m on the ground that the petitioner's father is a Health Inspector with an annual income of Rs. 2000 and that the alleged adoption was on 1-7-1971 which cannot be considered. ( 2 ) THE contention of the petitioner in this writ petition is that his adoption has been made by a registered document dt. 1-7-1971 and that by virtue of S. 16 of the Hindu Adoption and Maintenance Act, 1956, the presumption is that he has been validly adopted and that if his adoption is accepted, the income of his adoptive parent has to be considered for the purpose of dispossing of the claim for one of the seats reserved for socially and educationally backward classes. ( 3 ) THE object of reservation in educational institutions for candidates belonging to the backward classes etc. is to promote the educational and economic interests of the weaker sections of the society. If a candidate, who throughout his educational career was not a member of the backward classes, can he, by the device of adoption by a member of the backward class made at or before the time of seeking admission to the medical colleges, or other institutions of like nature claim the seat reserved for the backward classes? If by such adoption the candidate is recognised as one belonging to the backward class, then the whole object and purpose of reservation will be defeated. If candidates can claim the benefit of reservation by such devices, it will lead to this result: A candidate who until he passed his PUC. or B. Sc. , Degree examination did not belong to the backward class can obtain at his choice the benefit of the reservation by the device of adoption by a member of the backward class or even by a member of the scheduled caste or scheduled tribes, such a claim cannot be considered as a bonafide claim. or B. Sc. , Degree examination did not belong to the backward class can obtain at his choice the benefit of the reservation by the device of adoption by a member of the backward class or even by a member of the scheduled caste or scheduled tribes, such a claim cannot be considered as a bonafide claim. ( 4 ) AT this stage, we are constrained to observe from the facts revealed in the several cases for medical college admissions that came up before us for decision that the special reservation made for the socially and educationally backward classes under the Government Order has given wide scope for its abuse, in that, the advantage of the reservations has been taken by candidates whose claims do not appear to be bonafide, to the detriment of genuine backward class candidates. The machinery provided for deciding whether or not a candidate belongs to the backward classes is highly unsatisfactory and has given ample scope for manipulations. ( 5 ) WE have noticed that certificates cf backwardness have been issued by tahsildars indiscriminately without proper investigation into the bona fides of the claim. In our opinon, there should be a machinery for proper scrutiny of the claim made before such claims are accepted by the selection Committee. In our judgment, the petitioner notwithstanding his alleged adoption on the eve of his seeking admission into a medical college in the State cannot be regarded as a bona fide candidate belonging to the socially and educationally backward class and in that view the selection Committee was right in rejecting his claim for the reserved seat. Hence this writ petition fails and is dismissed without costs. --- *** --- .