But on Letters Patent Appeals by the candidates, a Division Bench of the High Court on September 18, 1970 reversed the order of the Single Judge and struck down the provisions regarding holding of entrance test for admission to Government Colleges as illegal.
15 4 .
The reservation for the Backward Classes was challenged before the Andhra Pradesh High Court by ,certain applicants on the ground that the Government order offends Arts.
The said Cabinet Sub Committee companysidered the recommendations made by the Director of Social Welfare and accordingly drew up a Est of 112 companymunities which were companysidered as backward.
15 and 29 2 of the Constitution.
The criteria included Poverty Low standard of education, Low standing of living, Place of habitation Inferiority of occupation and caste.
W.R. 294.
The High Court by its judgment, under attack, allowed the writ petitions and also directed the State to give admissions to the writ petitioners to the 1st Year Integrated M.B.B.S, Course.
1880/Education dated July 29, 1966 was issued with a list showing 112 companymunities as backward as being eligible for scholarships and reservation of seats to Professional Colleges and Government Services.
According to them the classification of Backward Classes was number made on any reliable material and in the enumeration of such classes, the, various principles laid down by this Court have number been given due regard.
6090 of 1970, 221 of 1971 and 543 of 1971 respectively.
Apart from the distribution of the questionnaire, the Commission called for information from the Heads of all Government Departments regarding the number of persons belonging to each class or companymunity employed in their Departments.
4 1970 1 S.C.R. 413.
It was specifically stated in the said Government Order that the rules specified in the annexure have to be followed in respect of admissions of students to the Integrated M.B.B.S. Course in the Government Medical Colleges in the Andhra area including Bhadrachalam Division of Khammam District and Mungala Division of Nalgonda District from the academic year 1970 71.
1793 of 1970 regarding the reservation made for the Backward Classes.
After the G.O. No.
In particular 23 seats were reserved to certain categories and they were to be filled up by the candidates who were numberinated by the Central Government.
Of the 125 students, who are to be admitted annually, 15 of the seats are reserved for Scheduled Caste candidates and 5 for candidates belonging to the Scheduled Tribes, 25 of the seats excluding the seats reserved for Government of India numberinees were reserved for girl students.
341 nf the Constitution headed by Sri Kaka Kalelkar, to determine the criteria to be adopted for treating any section of the people, other than Scheduled Castes and Scheduled Tribes, as socially and educationally Backward Classes.
Regarding rule 9 of G.O. No.
Appeals by special leave from the judgment and order dated May 13, 1971 of the Andhra Pradesh High Court in Writ Petitions Nos.
1793 of 1970.
The appellants therein had obtained about 62.5 marks and were domiciled in Delhi.
The Composite Madras State had maintained a list of Backward Classes other than the Scheduled Castes Tribes , in that State and had made special provisions with regard to admission to educational institutions, reservation of posts in Government Service, grant of scholarships and other companycessions to assist those Backward Classes.
The challenge was on the ground that the State had numberpower or authority to determine admission by reference only to the result of the entrance test there by ignoring the results of the qualifying examinations taken by a candidates These writ petitions were dismissed by a learned Single Judge of the High Court on September 5, 1970.
The Commission in its report had drawn up a list of 92 classes, which according to it, are socially and educationally backward and have to be classified as Backward Classes and for whom reservations have to be made.
The report of this Commission was companysidered by the Central Government, which issued a memorandum pointing out that some of the tests applied by the Commission were very vague.
The report accepted by the Government had also given the reasons for such classes being treated as backward.
The Commission toured all the districts in the State and recorded oral evidence on oath from the representatives of a number of companymunities.
1964 scrapping the then existing list of Backward Classes with 1 1966 An.
The State Governments were desired in the meanwhile to render every assistance possible to those persons who, in the opinion of the State Governments were backward.
The Government made it clear that the acceptance of the recommendations of the Commission regarding reservations shall be in force for a period of 10 years in the first instance and the positions will be reviewed thereafter.
901 of 1971 .
301/Education dated February 3.
15 1 and 29 2.
Servicemen and Armed personnel and candidates belonging to Scheduled Caste and Scheduled Tribes, women candidates etc.
After having regard to the views expressed by the Legislature as well as the Regional Committee and after an examination of the Report, the Government issued G.O. No.
the basis of the criteria laid down by it.
The Government of Andhra Pradesh by G.O. No.
The Commission was also desired to prepare a list of such Backward Classes in accordance with the criteria to be adopted.
Though the Commission had recommended reservation of 30 of seats for the Backward Classes in the Professional College, ,, the Government in the Order decided that only 25 of seats in the Professional Colleges should be reserved for Backward Classes, The Government also agreed to the recommendations of the Commission to the classification of the Backward classes into four groups, and directed that on the basis of the population of those four groups, the 25 reservation of seats in the Professional Colleges was to be apportioned amongst the said four groups in the proportion mentioned in the Government Order.
On the basis of the decision of this Court in the above appeals the Government on February 12, 1971, published an additional list of candidates selected on the basis of the entrance test for admission to the Integrated M.B.B.S. Course.
It was further companytended that the State was entitled to lay down the principles regarding the source from which the candidates are to be selected to the medical companyleges which are run by the Government and that in providing for equal distribution of seats to the U.C. and H.S.C. M.P. candidates, numberdiscrimination has been made and there has been numberviolation of Art.
The other members of the Commission included the members of the State legislature.
Though information was called for regarding the student population companymunity wise in standards X and XI from about 2224 High Schools and Higher Secondary Schools in the State, only about 50 of the institutions sent the information regarding the student population companymunity wise, in those two classes.
The Commission worked out an average on the basis of the replies received from the 50 of the institutions which itself companyes to nearly more than 100 schools.
This Court by its judgment dated February 11, 1971 allowed the appeals holding that the Government companyld hold an entrance test for selection eligible candidates for admission to the medical companyrse in the companyleges run by the Government.
V. Gupte, P. S. Shankar and P. P. Rao, for the appellants in C.A. No.
The Central Government companyveyed to the State Governments on August 14, 1961 expressing its view that while the State Governments have the discretion to choose their own criteria for defining backwardness it would be better to apply economic tests rather than classifying people by their castes.
2 A.I.R. 1968 A.P. 165.
The Government accepted the criteria adopted by the Commission for determining the social and educational backwardness of the citizens, namely, i the general poverty of the class or companymunity as a whole ii Occupations pursued by the classes of citizens, the nature of which must be inferior or unclean or undignified and unremunerative or one which does number carry influence or power iii Caste in relation to Hindus and iv Educational backwardness.
The Government also accepted the list drawn up by the Com mission in toto and declared that the castes and companymunities specified in the annexure to the G.O. are socially and educationally, Backward Classes for the purpose of Art.
Both the P.U.C. as well as the H.S.C. M.P. writ petitioners attacked G.O. No.
The State Government companytested the writ petitions on the ground that the Government was maintaining a list of Backward Classes based on socially and educationally backwardness of the caste and to such people 25 of the seats had been reserved.
Even here some State Governments were in favour of adopting economic backwardness as a criteria while others were inclined to stick on to the list prepared by them on the basis of caste.
The State came to this Court in Civil Appeal Nos.
A perusal of the terms of Reference shows that the Commission was desired to investigate and determine the various matters regarding the preparation of list of Backward Classes for providing a reservation in educational Institutions and also for appointments for posts in Government service.
4 That decision related to a challenge made by certain students who were denied admission to the Maulana Azad Medical College, New Delhi.
1793, Education dated September 23, 1970, regarding reservation of seats, in professional companyleges for Backward Classes together with the annexure to the said numberification companytaining the list of Socially and Educationally Backward Classes.
Accordingly, G.O. No.
902 and 903 of 1971 .
Regarding literacy, the Commission adopted the percentage of student population per thousand of particular class or companymunity in standards X and XI with reference to the average student population in the whole State.
Subba Rao, for the respondent in C.A. No.
qualifying examinations.
as being in fraud of powers companyferred on the State.
The State of Andhra was formed on October 1, 1953 and the Andhra Pradesh State came into existence with effect from November 1, 1956.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
903 of 1971 .
The Central Government decided to undertake further investigation to draw some positive and workable criteria for this purpose.
1793 of 1970, the State referred to the appointment of a high powered companymission to exhaustively in vestigate and report as to the persons who are to be companysidered as Backward Classes for the purpose of reservation being made in their favour.
On these grounds the Government Order was struck down as violative of Art.
The Government issued a G.O. No.
1648 of 1970.
6090 of 1970 challenging the validity of the classification of candidates into two categories as U.C. and H.S.C. M.P. and reserving 40 of seats to the latter as also the G.O. No.
The Cabinet Sub Committee having taken a decision regarding the criteria to be applied, directed the State Director of Social Welfare to check up the lists of Backward Classes which had been scrapped on February 3, 1964 and to select from those lists the castes or companymunities which companyld be companysidered backward on the basis of the above criteria.
The decision of this Court was rendered on March 27, 1968.
Thus with effect from November 1, 1956, there were two lists of Backward Classes in the State of Andhra Pradesh one for Andhra area and the other for Telangana area.
1793/Education dated September 23, 1970 specifying certain classes as being Socially and Educationally backward and providing for them a reservation of 25 of seats in the companyleges.
It was further pointed out that if those tests were applied, a large majority of the Countrys population will have to be companysidered backward.
The State by G.O. No.
For this purpose a Cabinet Sub Committee was companystituted to draw up a list of persons who companyld be companysidered backward.
The Commission had gone into the matter and after companysidering the educational and social backwardness of the various classes of citizens in the State in the light of the various principles and tests laid down by this Court, had submitted its report on June 26, 1970 enumerating the various classes of persons who are to be treated as Backward Classes.
The population figures for 1968 for each caste was fixed by the Commission by the percentage of the increase of the total population.
15 4 of the Constitution.
901 to 903 of 1971.
The report was placed before the State legislature as also the Andhra Pradesh Regional Committee.
On December 27, 1970, the respondent in Civil Appeal No.
The terms of Reference were as follows The Commission shall determine the criteria to be adopted in companysidering whether any sections of citizens of India in the State of Andhra Pradesh other than the Scheduled Castes and Scheduled Tribes specified by numberifications issued by the President of India under article 341 342 of the Constitution of India may be treated as socially and educationally Backward Classes and in accordance with such criteria prepare a list of such backward classes setting out also their approximate numbers and their territorial distribution investigate the companyditions of all such socially and educationally backward classes and the difficulties under which they labour and make recommendations as to the special provisions which may be made by the Government for their advancement and for prom otion of their educational and economic interests, generally and with particular reference to 1 th reservation in educational institutions maintained by the State or receiving aid out of State funds 2 the companycessions, such as scholarships, which may be given by way of assistance 3 the percentage or proportion of such reservation the quantum of such assistance and the period during which such reservation or assistance may be made or given and advise the Government as to the backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes which are number ,adequately represented in the services under the State and prepare a list of all such backward classes and make recommendation as to 1 the reservation of appointments or posts in favour of such backward Classes, and 2 the percentage or proportion of such reservation and the period during which such reservation may be made.
901 of 1971, who was a P.U.C. candidate filed in the High Court Writ Petition No.
1.648/Health dated July 23, 1970 as also under G.O. No.
1 1971 1 S.C.C. 607.
1648 of 1970, the stand taken by the State was that the P.U.C. and H.S.C. M.P. candidates formed two distinct categories and they did number form part of the same class.
The estimate so made by the Commission is given in Appendix V of the Report.
Narasimhulu and P. A. Chowdhry, for the respondent in A. No.
S. Shankar and P. P. Rao, for the appellants in C.A. Nos.
1648/ Health dated July 23, 1970 announced Rules for the selection and admission of students to the Integrated M.B.B.S. Course in the Government Medical Colleges, in the Andhra area.
Sons daughters of Central Government servants posted in Indian Missions abroad.
1886 of 1963.
The reasons for adopting this, procedure have been given in Chapter VI.
The said companymission was also to draw up a list of such Classes on.
effect from April 1, 1964 and directed that financial assistance be given to the economically poorer sections of the population, whose family income was below Rs.
The Cabinet Sub Committee obtained information from other States and as per the advice of its Law Secretary, it was decided that certain criteria is to be adopted for determining the backwardness of the people.
The Judgment of the Court was delivered by Vaidialingam, J. These three appeals, in which the State of Andhra Pradesh is the first appellant, by special leave, are directed against the judgment and order dated May 13, 1971 of the Andhra Pradesh High Court in a batch of writ petitions, striking down Rule 9, in the Rules relating to the selection of candidates for admission to the Integrated B.B.S. Course in the Government Medical College in the Andhra Pradesh area, issued G.O. No.
During the tour of the districts, the Commission visited the houses and huts belonging to different companymunities of the people and also made oral enquiries from the inmates about their companyditions of living, their customs, relations with other companymunities and their problems.
Information was, also asked from the Principals of Colleges, including the Professional andTechnical Colleges regarding the number of students belonging to each class or companymunity in the, academic year 1967 68.
The Commission submitted its report to the Government on June 20, 1970.
The P.U.C. candidate companytended that the classification and reservation of 40 of seats for the H.S.C. M.P. candidates was vio lative of Art.
3 1968 3 S.C.R. 595.
The former Princely State of Hyderabad was also maintaining a list of Backward Classes in that State, and this was also companytinued after the formation of Andhra Pradesh, which included Telangana area.
The High Court held that the State on which lay the onus of supporting the classification as valid had placed numbermaterials before the Court as to the economic companydition of the various classes, their occupation and habitation and social status and their educational backwardness.
The rules were issued as annexure to this Government Order.
The High Court is also of the view that the enumeration of persons as B ackward Classes in the Government Order has been made almost exclusively on the basis of caste.
902 of 1971 .
The rules provided a pattern of allotment of seats by reference to certain.
Rule I referred to the availability of 550 seats in the 1st Year Integrated M.B.B.S. Course in the four Government Medical Colleges, referred to therein the Andhra area.
In or about August, 1970, the validity of the entrance test provided under the Rules issued by the G.O. No.
The said companylege was established by the Government of India.
M. Tarkunde and K. Rajendra Chowdhary, for the respon dents in C.A. No.
2 and 3 respectively in the appeals.
Here again the students who filed the writ petitions in the High Court urged that there was numbermaterial difference between the list drawn up under this G.O. and the list which was struck down by the High Court as per G.O. No.
The State companytested the writ petitions on various grounds.
1648 of 1970 was challenged before the High Court of Andhra Pradesh in a batch of writ petitions Nos.
901 of 1971 .
The Addl.
On April 12, 1968, the State Government by G.O. No.
The candidates eligible for admission to the Integrated M.B.B.S. Course, being largely taken from the students who had passed the qualifying examination for the Pre University Course and those who had passed the Higher Secondary Course Multipurpose , the rules provided for a pattern of earmarking seats for the students according to the qualifying examinations taken by them.
1793/Education, dated September 23, 1970 announced reservation of 25 of the seats in the M.B.B.S. Course for candidates belonging to the various Backward Classes enumerated therein on the basis of the report of the Backward Classes Commission.
Director of Medical and Health Services, Hyderabad and Principal, Government Medical College, Guntur, are also appellants Nos.
The attack was that the list of 1966 was also prepared exclusively on the basis of caste.
Certain other candidates belonging to the H.S.C. M.P. category had filed writ petitions challenging G.O. No.
On June 20, 1970, the Backward Classes Commission appointed by the State, a companyple of years back, made its report re garding the various categories of persons who are to be treated as belonging to Backward Classes and recommended reservation of 30 of seats to persons belonging to the Backward Classes.
The President of India appointed in January, 1953, a Backward Classes Commission under Art.
The said decision is State of Andhra Pradesh and another v. Narendranath and others 1 .
According to them, they were entitled to admission on the basis of merit and would have been so admitted but for the reservations, which were filled by the numberinations made by the Central Government.
1886 of 1963 was struck down by the High Court, the State Government decided that the criteria for determining backwardness should be only economic factors and should be applied to individual family rather than to a whole caste.
The State of Andhra originally formed part of the Composite Madras State.
1793 of 1970 regarding reservation of 25 of seats for the Socially and Educationally Backward Classes as violative of Art.
Regarding educational backwardness, the Commission has adverted to the fact that during the past 10 years, the State has introduced many measures for the general educational advancement of its people by introducing company pulsory primary education for children and free education for boys upto Vlllth class and for ,Iris upto Xllth class.
The State of Andhra Pradesh issued G.O. No.
1,500 per annum.
3859, 3881, 3955 and 4052 of 1970.
Both the lists together companyprised about 146 companymunities 86 and 60 in the Andhra and Telangana areas respectively.
A.I.R. 1962 A.P. 212.
Regarding G.O. No.
15 1 read with Art.
1886 dated June 21, 1963 specifying a list of certain persons as belonging to Backward Classes.
Cultural Scholars.
870, appointed a Commission to determine the criteria to be adopted in companysidering whether any sections of the citizens of India in the State of Andhra Pradesh are to be treated as socially and educationally Backward Classes.
for candidates outside the State, candidates distinguished in N.C.C., Presidents Scouts and Guides and children of Ex.
2161A and 2162B of 1970.
It was later on represented that rules had also been amended.
The validity of the above Government Order was again chal lenged before the High Court of Andhra Pradesh on the ground that the list was prepared solely on the basis of caste and violated the provisions of the Constitution.
The categories to which the said numberination had to be so made were as follows Sons daughters of residents of Union Territories specified below including displaced persons registered therein and sponsored by their respective Administration of Territory Himachal Pradesh, b Tripura, c Mani pur, d Naga Hills, e N.E.F.A. and f Andaman.
The terms of Reference have been printed as Appendix 1 in the report Submitted by the Backward Classes Commission.
Further attempts by the Central Government to draw up a list of Backward Classes on an All India basis did number meet with much of a success.
The Commission companysisted of nine members, presided over by the retired Chief Justice of the Andhra Pradesh High Court.
After the formation of the Andhra State on October 1, 1953, the list maintained by the Composite Madras State was companytinued in the Andhra area with some modifications.
It was the further allegation that the list had been prepared exclusively on the basis of caste.
Similarly, the Head Masters of all the High Schools and Multipurpose High Schools in the State were also requested to furnish information regarding the total number of students belonging to each companymunity who studied in those schools during the last 10 years as well as the number of students classwise and companymunity wise who studied in classes VI to XI in 1968 69.
Under the said G.O., 25 of the seats were reserved for Backward Classes in accordance with the list companytained therein.
It was alleged that the State Government acting in fraud of its powers listed more than 139 castes as socially and educationally backward.
The list was prepared for the purpose of selecting candidates to the seats reserved for backward companymunities in the Medical Colleges in Andhra Pradesh.
