Foundation Vs. State of Karnataka  INSC 478 (4 November 1993)
S.R. (J) PANDIAN, S.R. (J) AGRAWAL, S.C. (J) MOHAN, S. (J) JEEVAN REDDY, B.P. (J) BHARUCHA
1994 SCC (2) 195 1993 SCALE (4)368
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.
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.
that as it may, in order to avoid any inconvenience to the students, we issue
the following directions further.
complaints regarding violation of or non-compliance with the orders/directions
of this Court made on several occasions in relation to the 199 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.
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.
is made clear no free seats shall be transferred to the category of payment
seats or to any other category.
no unfilled seats as on November
15, 1993 shall be
surrendered to the management until further orders.
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,