1. Petitioner is the father of the minor girl, Preethi. He has filed this writ petition seeking a direction to respondents-1 & 2 herein to give admission to his daughter to the Undergraduate Law Course for the academic year 2009-10 against the seat reserved for Scheduled Caste category in the 2nd respondent – National Law School of India University, Bangalore.

2. By way of an application filed for amendment, petitioner has sought for a direction declaring the selection, allotment and admission of respondents-5 to 17 in the 2nd respondent-University under the quota reserved for Scheduled Caste category as null and void. He has also sought for impleading all the students who are selected under the Schedule Caste category and hailing from other States other than State of Karnataka as respondents 5 to 17. These applications are heard along with the main matter and both the applications are allowed.

3. Petitioner is a native of Dakshina Kannada District of Karnataka State and belongs to MUNDALA caste which is considered and recognised as Scheduled Caste under the Presidential Notification issued during the year 1950 for the State of Karnataka. Daughter of the petitioner has taken the entrance test called Common Law Admission Test, CLAT-2009 organised by the 1st respondent for admission to eleven different National Law Universities in the country after completing her 10+2 exams.

4. It is the case of the petitioner that his daughter having evinced interest to pursue the law course in the 2nd respondent University, took CLAT – 2009 under reserved quota giving first preference to the 2nd respondent-University and second preference to the 1st respondent-University and third preference on the 3rd respondent-University. On 15.06.2009, the 1st respondent published the CLAT-2009 results in which the daughter of the petitioner secured 3288th rank in the merit list for General Category and 54th rank in the merit list for Scheduled Caste category. Based on her ranking in the Scheduled Caste merit list, the 1st respondent allotted a seat in the 3rd respondent-National University of Advanced Legal Studies (NUALS), Kochi, Kerala, under the quota reserved for Scheduled Caste category. As the daughter of the petitioner did not belong to the communities classified by the Kerala Government as Scheduled Caste for the purpose of admission to professional courses she was not given admission under the Scheduled Caste quota in the 3rd respondent – University. Petitioner addressed a letter to the 1st respondent – Convener bringing the same to its notice and also made a request to allot his daughter a seat in the 2nd respondent-University under Scheduled Caste quota. However, on 29.06.2009, the 1st respondent published the 2nd provisional list of selected candidates for individual Universities, whereunder the daughter of the petitioner was allotted a seat in the 4th respondent-University instead of the 2nd respondent-University. Being aggrieved by this action of the respondent-University, petitioner has approached this Court.

5. Sri Ravivarma Kumar, learned Senior Counsel appearing for the petitioner mainly contends that Constitution (Scheduled Castes) Order, 1950 lists out different casts as on 10.08.1950 and declares them as belonging to Scheduled Caste in relation to State of Karnataka. Such persons and persons born to them can only be regarded as Scheduled Caste for the purpose of State of Karnataka. As MUNDALA caste, to which the petitioner belongs is mentioned as Scheduled Caste in the Presidential Order, daughter of the petitioner is eligible and entitled to claim reservation as against the seats reserved for Scheduled Caste candidates, to the exclusion of all other selected candidates who are not so recognised as Scheduled Caste in relation to the State of Karnataka. In this regard, he draws the attention of the Court to the definition of the term 'Scheduled Caste' contained in Sub Clause (24) of Article 366 and the provision made for res