TMI Blog1968 (1) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 3 provides for appointment of a Selection Committee of not more than three persons. The Committee has to interview all candidates who are qualified and eligible for admission to the course and the interview is for verifying the data and allotting marks for extra curricular activities. Rule 4 provides for reservation of seats for Scheduled Tribes and Scheduled Castes, with which also we are not concerned in the present cases. Rule 5, which is one of the rules under challenge, provides for reservation for socially and educationally backward classes, and lays down that for the purpose of this rule socially and educationally backward classes will mean those classes which have been specified in Group III of the revised Appendix 17-A to the Madras Educational Rules, issued with G. O. (Ms) 839 Education, dated 6th April, 1951, as subsequently amended. Rule 6 provides for reservation for women, which is also not under challenge, and the remaining seats, under r. 7, go to the general pool available to all. 2. Rule 8, which is another rule under challenge, provides that the seats reserved in the general pool and the seats reserved for the socially and educationally backward classe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of birth and this violates Art. 15. It is also urged that district wise allocation of seats for medical colleges is discriminatory, for such allocation has no nexus with the object of selection, namely, to secure the best talent for admission to medical colleges. Thirdly, it is urged that the procedure evolved by the Selection Committee for interview, which we have already referred to, was in violation of the Rules. It is also urged that there was no objective test laid down in the Rules for interview and the questions that were put were unrelated to r. 10(d), which lays down certain criteria for the purpose. Lastly, it is urged that the selection was mala fide inasmuch as the two official members contrived to secure caste representation in the matter of admission. 5. The petitions have been opposed on behalf of State of Madras as also the civil appeal. It has been urged that there is no substance in any of the contentions raised in these cases. It is unnecessary to refer to the stand taken by the State of Madras in detail at this stage for it will appear at appropriate places when we consider the various points raised in these cases. 6. Before we consider the points raise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant to consider the caste of a class of citizens in determining their social and educational backwardness. It was further observed that though the caste of a class of citizens may be relevant its importance should not be exaggerated; and if classification of backward classes of citizens was based solely on the caste of the citizen, it might be open to objection. It is true that in the present cases the list of socially and educationally backward classes has been specified by caste. But that does not necessarily mean that caste was the sole consideration and that persons belonging to these castes are also not a class of socially and educationally backward citizens. In its reply, the State of Madras has given the history as to how this list of backward classes was made, starting from the year 1906 and how the list has been kept upto date and necessary amendments made therein. It has also been stated that the main criterion for inclusion in the list was the social and educational backwardness of the caste based on occupations pursued by these castes. Because the members of the caste as a whole were found to be socially and educationally backward, they were put in the list. The matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complicated and confusing as possible and there may be some force in the contention raised that this has been done to get over the prohibition in Art. 15(1) with respect to discrimination on the basis of place of birth. What exactly nativity means is not clear from the rules; it may be the place from where the candidate passed his S.S.L.C. Examination; it may be the place where his father was born or his mother was born; it may be the place where his father has property or his mother has property; or it may be the place of permanent residence of the parents or guardian, for the words permanent residence appear in the form of nativity certificate. But the dictionary meaning of the word nativity is birth and when the Rules provide for nativity certificate they really mean the place of birth. However, it appears that the place of birth of the candidate is nowhere mentioned in the Rules. Even though there may be some substance in the charge that all this complicated and confusing method has been provided in order to get over the prohibition in Art. 15(1) by a camouflage, we cannot say that there is a clear violation of Art. 15(1) for the district which the candidate may claim doe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed is to get the best talent for admission to professional colleges, the allocation of seats district wise has no reasonable relation with the object to be achieved. If anything, such allocation will result in many cases in the object being destroyed, and if that is so, the classification, even if reasonable, would result in discrimination, inasmuch as better qualified candidates from one district may be rejected while less qualified candidates from other districts may be admitted form either of the two sources. 12. Let us now look to the justification which has been put forward on behalf of the State of Madras in support of this district-wise allocation. It is said that there are better educational facilities in Madras city as compared to other districts of the State and therefore if district wise selection is not made, candidates from Madras city would have an advantage and would secure many more seats than justified on the basic of proportion of the population of Madras city compared to the population of the State as a whole. This in our opinion is no justification for district wise allocation, which results in discrimination, even assuming that candidates from Madras city wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis in these cases is violative of Art. 14, for no justification worth the name in support of the classification has been made out. We therefore hold that r. 8 providing for district wise allocation is bad, as it violates Art. 14 and we hereby strike it down. 14. In view of our decision as to r. 8 and in view of the fact that there is no question of disturbing the selection made this year, we do not think it necessary to decide finally whether the procedure for selection followed in the present cases to which we have already referred is in accordance with the Rules or not. All that we need say is that it certainly looks odd that the members of the selection committee should sit separately. But we do not propose to decide the point finally in the present cases. 15. We do not find any substances in the argument that there is no test provided for making. Rule 10(d) indicates what matters have to be taken into consideration for allotting marks provided under that rule. We do not think that it is possible to provide any further guidance in the matter and the rest must be left to the Selection Committee. It may be added that we are not prepared to accept that the Committee did no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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