TMI Blog1984 (7) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... he same College commencing from July, 1983, such number of students who secured admission against the reservation for candidates coming from Rural Areas and educated in Common Rural School in 1982, according to the general merit list drawn up in respect of candidates, who sought admission and in the absence of such a list, a waiting list should be drawn up according to merits, for the year 1982. The respondents are directed to work out the admissions as per the direction herein made before May 31, 1983 and give intimation to the students who become eligible for admission. There will be no order as to costs. Reasons to follow, Here are the reasons. In this group of petitions under Art. 32 of the Constitution, the petitioners questioned the validity and legality of reservation of 25 seats for candidates coming from rural areas for admission to first M.B.B.S./B.D.S. Course for 1982 session in the Medical Faculty or the Third respondent-Maharishi Dayanand University Rohtak ('University' for short). The University issued a prospectus on June 12, 1982 inviting applications for appearing at an Entrance Test for selecting candidates for admission to MBBS/BDS Course, 1982. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ols. The petitioners contend that the reservation is not sustainable under Art. 15(4) because candidates educated in common rural school cannot as a class be said to be society and educationally backward and therefore, the reservation would not satisfy the test prescribed by Art. 15(4) of the Constitution. The petitioners aver that the syllabus for 1st to 8th standard adopted in common rural schools and urban schools is entirely identical prescribed by the same Government and the qualification of teachers for being appointed in the urban schools or the common rural school is the same and they are transferable from one area to the other area. It was also contended that the majority of the population in the State of Haryana as in whole country is residing in rural areas and the reservation in favour of majority would be void ab initio. Lastly it was said that the classification apart from being arbitrary and irrational does not satisfy the twin tests of it being based on intelligible differentia and having any nexus to the objects sought to be achieved. The petitioners say that some from amongst respondents 5 to 49 have been admitted against reservation for candidates coming from rur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is imbalance and the utter handicap felt by the students studying in common rural schools, students seeking admission were divided into different classes based on intelligible differentia and that if the object of medical education is to extend medical facilities where it is needed the most, reservation for candidates coming from rural areas would achieve the object and therefore, the State Govt. was perfectly justified in making this reasonable and rational classification. At a later date Dr. D.C. Mehrotra, Director-Principal, Medical College, Rohtak filed affidavit in-opposition on behalf of respondents 1 to 3 which appears to be a carbon copy of the affidavit filed by the Registrar Mr. Guglani. The only question which needs answer is whether reservation of '25 seats for rural areas' for admission to 1982 session in the Medical College attached to the University is constitutionally valid. It must at once be made clear that the respondents did not at all attempt to sustain the reservation under sub-Art. (4) of Art. 15 which enabled the State to make special provision for advancement of any socially and educationally backward classes of citizens or for the scheduled c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as, the Court held that reservation for rural areas cannot be sustained on the ground that the rural areas represent socially and educationally backward classes of citizens and the reservation appears to be made for the majority population of the State and on the ground of place of birth. The Court upheld reservation in favour of candidates from Hill and Uttarkhand areas on the ground that reservation in favour of the people in those areas who belonged to socially and educationally backward classes of citizens. Distinguishing the case of reservation in favour of candidates coming from rural areas, the Court observed that the backwardness contemplated by Art. 15(4) is both social and educational backwardness of the citizens, the accent being on classes of citizens socially and educationally backward and therefore, socially and educationally backward citizens cannot be equated with areas as a whole socially and educationally backward. The Court concluded that some people in the rural areas may be educationally backward, some may be socially backward and there may be few who are both socially and educationally backward but it cannot be said that all citizens residing in rural areas ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls and those coming from urban school in the matter of admission to the medical college satisfied the twin tests of constitutionally valid classification. Before anyone becomes eligible to compete for admission to the medical college in the year 1982, it was incumbent upon such a student to clear the 12th standard examination. This is true in respect of all students seeking admission to medical college irrespective of the fact whether they have been educated in the common rural schools or urban schools. Now the reservation is in favour of candidates from rural areas which expression in amplified to mean 'a candidate must have received education from Class 1 to class 8 and passed 8th Class examination from a common Rural School situated in any village not having any Municipality or Notified Area or Town Area Committee.' It would at once appear that every candidate seeking admission to medical college must have studied upto the 12th class which would mean that even a candidate coming from the common rural school meaning thereby one who has taken his education upto 8th standard in such a school, yet subsequently he has joined a school which imparts education upto the 12 sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll students being educated in all schools are similarly situated similarly circumstance and similarly placed with no differentiation. The earlier handicap of education in Classes 1 to 8, if there be any, becomes wholly irrelevant and of no consequence and therefore, cannot provide an intelligible differentia which distinguishes persons say students seeking admission being grouped together as having been educated in common rural schools from those left out namely the rest. It would therefore, follow as a corollary that classification based on students coming from common rural schools meaning thereby educated upto 1 to 8th standard in common rural schools vis-a-vis students educated in urban schools from Ist to 8th standard would not provide intelligible differentia for founding a classification thereon The classification in such a situation will be wholly arbitrary and irrational and therefore the reservation based on such classification would be constitutionally invalid. This view which we are taking finds support from a decision of this Court in Arti Sapru v State of Jammu and Kashmir Ors.(1) wherein this Court struck down reservation of 20% of the seats to be filled on the basi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h. The Court thus examined whether candidates coming from rural areas constitute a distinct homogeneous class for the purpose of admission to medical college and rejected it. The High Court in Amar Bir Singh's case on the contrary attempted to sustain the classification of students educated in common rural schools which does not carry conviction. Having read this judgment minutely and with care and attention that a judgment of the Full Bench of High Court bearing on the same topic merits, we are of the opinion that the manner in which Pradeep Tandon's case, was sought to be distinguished was artificial apart from being unintelligible. Undoubtedly the State in Pradeep Tandon's case attempted to sustain the classification under Art. 15 (4) but that was not the crux of the matter. The reservation was in favour of candidates coming from a certain area to wit rural areas. Now if the amplification of what constitutes candidates coming from rural areas will not enlarge or restrict the operative portion, indisputably the reservation was for candidates coming from rural areas which were styled Pradeep Tandon's case as socially and educationally backward areas. It is true tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l college. The real challenge would come in Standard XI and XII. In this behalf all students those coming from common rural school and urban school are similarly. placed and similarly situated and yet by a reference to a past event wholly unrelated to the objects sought to be achieved, they are artificially divided. It was however said that there was another discernible purpose in making the reservation. The urbanised students are disinclined to go to rural areas for practice or service and therefore if the students coming from rural common schools are encouraged to seek admission they may return after obtaining qualification to their childhood habitat and thus help extend efficient medical service to rural areas at present wholly neglected. It was urged if a region is woefully deficient in medical services, there occurs serious educational and health service disparity for that human region which must be redressed by a Welfare State. It was submitted that the reservation was a step in this direction. This submission was sought to be supported by referring to Jagdish Saran v. Union of India.(1) This approach overlooks the fact that even students educated in common rural schools w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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