Judgment

SABYASACHI MUKHARJI, J.:- This is an appeal by certificate under Art. 133(1)(b) of the Constitution from the decision of the Division Bench of the High Court of Karnataka dismissing the appeal against the Judgment of the learned single Judge of that High Court. The appellant herein who is a student of some academic distinction and ability sought admission to the 1st year of M.B.B.S. Course to the Directorate of Medical 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 in the private medical colleges.

2. The appellant was seeking admission under special category reserved for sons of political sufferers or freedom fighters. The relevant rule is R. 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 emancipation of India, that is in the struggle for Indian Independence; and

(b) who even after 15th August, 1947 participated i