1. Whether the evil of collection of heavy capitation fee for giving admission to the private medical colleges in the State by them, is really abolished as intended by the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act 1984, ('the Act' for short), or the evil is aggravated on account of the manner in which the Act is implemented by the State Government, in that, while the collection of heavy capitation fee continues unabated as alleged, heavy burden by way of tuition fees added by an order of the State Government issued under S.5 of the Act? Is the main question of great public importance, which arises for our consideration in these two writ petitions presented by the petitioners who complain that they were denied admission to the private medical colleges concerned, though they had secured higher percentage of marks in the qualifying examination, whereas large number of students who had secured lesser marks than them, have been admitted into the respondent - medical colleges.
I.2. The gist of the pleadings in Writ Petition No. 16601 of 1990, is as follows:
(i) The petitioner is a citizen of India. She passed the II year pre - university examination held by the Pre - university Board of this State in the month of March / April 1990. Her optional subjects in the pre - university course were Physics, Chemistry, Mathematics and Biology, which constitute the basis for selection for admission to the medical colleges in the State. She applied to the two private medical colleges, namely, Dr. Ambedkar Medical College, Bangalore, and Kempegowda Institute of Medical Sciences, Bangalore. The father of the petitioner approached the Chairman of the Governing Council of Dr. Ambedkar Medical College and he demanded a sum of Rs. 3.5 lakhs for giving the petitioner a seat in the college. The petitioner was also told that as far as the amount of Rs. 3.5 lakhs was concerned, no receipt will be issued. As the petitioner was unable to pay the said amount, she was not given a seat in the said college. The father of the petitioner approached the Principal of Kempegowda Institute of Medical Sciences, to which college also the petitioner had applied and he also contacted the Vice - President of the Committee and the father of the petitioner was told that at least Rs. 3 lakhs should be paid for admitting the petitioner to the 1 year MBBS course of that college. As the petitioner was unable to pay such huge amount, the petitioner was not given a seat. The father of the petitioner in the circumstances addressed a letter to the Vice - Chancellor of the Bangalore University complaining about the collection to the tune of Rs. 5 to 10 lakhs for giving a seat in the private medical colleges. Copy of the letter addressed is produced as Annexure - B. The father of the petitioner also addressed a representation in detail complaining about collection of huge amount for giving seats in private medical and engineering colleges in the State, to the Chancellor of the Universities in the State. Copy of the letter is produced as Annexure - C. After making the general allegations regarding the practice of collection of heavy capitation fee for giving seats in private medical colleges, it was stated in particular, relating to the demand of capitation fee for giving a seat to the petitioner.
(ii) The petitioner has stated that reference to this evil had figured on the floor of the State Legislature also and the Speaker himself had stated on 12-06-1990 on the floor of the Legislature that the private medical colleges in the State were extracting money in the name of education. The petitioner has also alleged that the Members of the State Legislature had criticised the Government in the Legislative Assembly on 13-06-1990 for the failure on the part of the Government to abolish the capitation fee in medical colleges. The petitioner has also produced an article published on 29-07-1990 issue of 'Deccan Herald' under the head 'Capitation boom', according to