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The petitioner in this Writ Petition passed the Secondary School Leaving examination in March 1968 obtaining first class marks. In March 1969, she passed the Pre-University Course Examination held by the Bangalore University securing 67% marks in optional subjects, namely, Physics, Chemistry and Biology, and 71% marks in the aggregate. Her father having retired at Dharwar, she prosecuted her further studies for B.Sc. Part I examination in the Karnatak Science College, Dharwar, a college affiliated to the Karnatak University. She passed the B.Sc. Part I examination held by that University securing once again a first class. Under Ordinance 144(c) of the Karnatak University, a student having passed the B.Sc. Part I examination with Physics, Chemistry and Biology as his optional subjects would be a eligible for admission to a medical course provided he has obtained the minimum marks prescribed for admission to that course from time to time. The petitioner having obtained first class marks in the B.Sc. Part I examination was, therefore, eligible for admission to the medical course in the medical colleges affiliated to that University. There are three universities in Mysore State, namely, Kar- natak, Mysore and Bangalore universities. All the three universities hold pre-university course examination, the passing of which makes a student eligible for admission to courses leading to university degrees. But, whereas the Karnatak. University requires the passing of B.Sc. Part I examination leading to M.B.B.S. as the minimum qualification for being eligible for medical course, the other two universities require the passing of what is called the Pre- Professional examination, which is equivalent to B.Sc. Part I leading to M.B.B.S. degree of the Kamatak University. The State of Mysore conducts four medical colleges, the Government Medical College at Mysore, which is affiliated to the Mysore University, the Government Medical College at Bangalore, which is affiliated to the Bangalore University, and the Karnatak Medical College at Hubli and the Government Medical College at Bellary, which are affiliated to the Karnatak University. All the four medical colleges together have 765 seats in the aggregate. Besides these four institutions, there are also private managed medical colleges at Manipal, Davangere, Belgaum and Gulbarga with 120 seats in each of them, admission upto 10% therein being under the control of the Government.

These were the only three heads under which the validity of the rules was challenged. For the reasons set opt above, none of them can be upheld. The writ petition,, therefore, fails and has to be rejected.

The petitioner here was born on August 2, 1954 at Bellary. Bellary had become part of the State of Mysore on October 1, 1953 in consequence of the reorganization of States. In April 1954, her father, who was till then serving as a Government servant in the State of Mysore, was transferred to Andhra Pradesh where he continued to serve until his retirement from service on June 11, 1970. According to para (2) of the petition, the petitioner was during this period with her father at Cuddappah in Andhra Pradesh where he was serving. In 11968-69, the petitioner passed her S.S.L.C. examination at, Cuddappah obtaining first class marks. In 1969-70, she passed her P.U.C. examination from a Government college affiliated to Venkateswara University in Andhra Pradesh with Physics, Chemistry and Biology as her optional subjects, securing in those subjects 150 out of 200 marks, i.e., 75%.

Annexed to her application for selection, dated July 22, 1970, was a certificate from the Tehsildar, Bellary, certifying that she had not only her domicile in Mysore State but that she had also resided in the State for a period of 10 years prior to the date of her application. In column 13 of the application, where particulars of institutions where the candidate had studied had to be given, it was stated that the petitioner had studied in Bellary during the years 1959 to 1963, and thereafter, from 1963-64 to 196869 in different institutions in Andhra Pradesh. We will assume, though her father was in Andhra Pradesh where he served from 1954 to June 1970, that she was kept in her infancy in Bellary, the total period of her residence would prima facie come to little less than 9 years, i.e., from August 2, 1954, her date of birth, to 1963. Therefore, the certificate obtained from the Tehsildar, certifying that she had resided in Mysore for 10 years at any time prior to the date of her application, would appear not to be factually correct.

This difficulty, however, was sought to be got over by the affidavit in rejoinder filed by her father in which it was stated that though the petitioner had been studying in Andhra Pradesh after 1963, she used to come to the family house in Bellary during her vacations, and therefore, she must be deemed to have resided all throughout at Bellary. Such an explanation, however, suffers from two defects : (1) that such a plea was made for the first time in the affidavit in rejoinder in answer to the counter affidavit filed by the respondents, and (2) that residence as con- templated by r. 3 must prima facie have an element of continuity or regularity in residence and would not mean an intermittent stay such as during the vacations. It would thus appear that the petitioner did not, notwithstanding the certificate of residence issued by the Tehsildar, comply with the requirement of 10 years' residence under r. 3. However, for the reasons stated hereafter it is not necessary to go into these questions either as regards the facts relating to her residence In Bellary or the validity of r. 3 sought to be challenged in this petition. It is true that the petitioner obtained in the P.U.C. examination held by Venkateswara University, 150 out of 200 marks in optional subjects taken by her, but as her application itself shows, the total number of marks secured by her in that examination were 3 89 out of 600 marks, i.e., 65 %. Even according to her, the last student who secured selection for the Bellary Medical College had secured 295 out of, 450 marks, i.e., 65.6%. The same percentage of marks was also secured by the last student admitted to the Karnatak Medical College, Hubli, both these students having passed the P.U.C. examination held by the Karnatak University. Therefore, even irrespective of the fact whether she had qualified herself or not under r. 3, she could not have been selected for either of these two colleges in Karnatak.