1962 (2) TMI 132 - HC - Indian Laws

Court rules Karnataka Engineering College Society not a 'State' under Article 12, admissions process not subject to Article 14.

B.W. Devadas Versus The Selection Committee for Admission of Students to the Karnatak Engineering College and Ors.

The High Court dismissed the petitions concerning the Karnataka Regional Engineering College Society's admission process, ruling that the Society did not ... - Issues Involved:1. Infringement of equality of opportunity under Article 14 of the Constitution.2. Whether the Karnataka Regional Engineering College Society is a 'State' within the meaning of Article 12.3. Validity of the admission process and the discretion exercised by the Selection Committee.Detailed Analysis:1. Infringement of Equality of Opportunity under Article 14:Petitioners' Claim:The petitioners argued that their non-admission into the Karnataka Regional Engineering College, despite securing higher marks than some of the admitted students, constituted an infringement of the equality of opportunity guaranteed under Article 14 of the Constitution. They contended that the admissions were made on considerations different from those applied to other candidates, and on a discretionary basis without any intelligible criterion.Respondents' Defense:The respondents countered that the petitioners failed miserably at the interview, which was a crucial part of the selection process. They also argued that the admissions made at the discretion of the Chairman of the Selection Committee, in consultation with the Principal, were in a different category and did not infringe upon the petitioners' rights.Court's Finding:The Court found that the basic facts supporting the respondents' contention were not adequately placed before the Court through acceptable documentary evidence. The Court held that the petitioners had a legitimate grievance regarding admissions made without interviews and at the discretion of the Chairman, involving candidates with lower marks than the petitioners. The Court thus proceeded to consider the merits of the petitioners' contention under Article 14.2. Whether the Karnataka Regional Engineering College Society is a 'State' within the Meaning of Article 12:Respondents' Argument:The respondents argued that the Karnataka Regional Engineering College Society, being a registered society under the Societies Registration Act, was not a 'State' within the meaning of Article 12, nor were its rules and regulations a 'law' under Article 13 of the Constitution.Court's Analysis:The Court examined Article 12, which defines 'State' to include the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India. The Court referred to the judgment in University of Madras v. Shantha Bai, which held that the term 'authorities' must be construed ejusdem generis with Government or Legislature, meaning entities exercising governmental functions.Conclusion:The Court concluded that the Karnataka Regional Engineering College Society did not exercise any governmental functions or legislative or executive powers of the State. It was an educational institution receiving State aid but was not a State-maintained institution. Therefore, it did not fall within the definition of 'State' under Article 12, and its rules and regulations were not 'law' under Article 13.3. Validity of the Admission Process and the Discretion Exercised by the Selection Committee:Petitioners' Allegation:The petitioners alleged that the discretionary admissions made by the Chairman of the Selection Committee, involving candidates with lower marks, were arbitrary and lacked an intelligible criterion, thereby violating the principles of equality.Respondents' Justification:The respondents justified the discretionary admissions by stating that the Chairman, in consultation with the Principal, had the authority to make such decisions. They argued that the petitioners' poor performance in the interview justified their non-admission.Court's Observation:The Court noted that the respondents failed to provide sufficient evidence to substantiate their claims about the petitioners' interview performance. The Court also observed that the discretionary admissions were made without any clear criteria, which could be seen as arbitrary.Final Judgment:The Court held that the petitioners could not invoke the protection of Article 14 because the Karnataka Regional Engineering College Society was not a 'State' under Article 12. Consequently, the petitions were dismissed without costs.Conclusion:The High Court dismissed the petitions, holding that the Karnataka Regional Engineering College Society was not a 'State' under Article 12, and hence, the petitioners could not claim an infringement of Article 14. The dismissal was based on the lack of sufficient evidence from the respondents and the nature of the Society as a non-governmental entity.