29 2 of the Constitution and praying for the issue of a writ of mandamus or other suitable prerogative writ restraining the State of Madras and all officers and subordinates thereof from en forcing, observing, maintaining or following the order of the Government known as the Communal G.O. which laid down rules to be observed by the selection companymittee in the matter of admission of students to the Medical and Engineer ing Colleges of the State.
Sri Srinivasan who had actually applied for admission into the Government Engineering College at Guindy, filed a petition praying for a writ of mandamus or any other writ restraining the State of Madras and all officers thereof from enforcing, observing, maintaining or following the Communal G.O. in and by which admission into the Engineering College was sought to be regulated in such manner as to infringe and involve the violation of the fundamental right of the petitioner under article 15 1 and article 29 2 of the Constitution.
132 1 of the Constitution of India from the Judgment and Order dated 27th July, 1950, of the Madras High Court in certain applications under Art.
In the affidavit filed in support of his petition, the petitioner has stated that he had passed the Intermediate Examination held in March, 1950, in Group 1, passing the said examination in the first class and obtain ing marks set out in paragraph 1 of his affidavit.
270 an d 27 1 of 1951, Appeals under Art.
of the total number of seats available for students of the State were filled by women candidates separately for each region, it being open to the selection companymittee to admit a larger number of woman candidates in any region if qualified candidates were available in that region and if they were eligible for selection on merits visa vis the men candidates in accordance with the general principles governing such admissions as laid down in those rules.
15 1 and Art.
It appears that the proportion fixed in the old Communal G.O. has been adhered to even after the companymencement of the Constitution on Janu ary 26, 1950.
226 of the Constitution for protection of the fundamental rights of the petitioners under Art.
For many years before the companymencement of the Constitu tion, the seats in both the Medical Colleges and the Engi neering Colleges so apportioned between the four distinct groups of districts used to be filled up according to cer tain proportions set forth in what used to be called the Communal G. O. Thus, for every 14 seats to be filled by the selection companymittee, candidates used to be selected strictly on the following basis Non Brahmin Hindus 6 Backward Hindus 2 Brahmins 2 Harijans 2 Anglo Indians and Indian Christians 1 Muslims 1 Subject to the aforesaid regional and what have been claimed to be protective provisions selection from among the applicants from a particular companymunity from one of the groups of districts used to be made on certain principles based on academic qualifications and marks obtained by the candidates.
The State of Madras maintains four Medical Colleges and only 330 seats are available for students in those four Colleges.
Likewise, the State of Madras maintains four Engineer ing Colleges and the total number of seats available for students in those Colleges are only 395.
9.70 of 1951 State of Madras v. Srimathi Champakam Dorairajan and Case No.
CIVIL APPELLATE JURISDICTION.
271 of 1951 State of Madras v. C.R. Srinivasan which are appeals from the judgment passed by the High Court of Judicature at Madras on July 27, 1950, on two separate applications under article 226 of the Constitution companyplain ing of breach of the petitioners fundamental right to get admission into educational institutions maintained by the State.
K.T. Chari, Advocate General, Madras R. Ganapathy Iyer, with him for the appellant.
Out of these 330 seats, 17 seats are reserved for students companying from outside the State and 12 seats are reserved for discretionary allotment by the State and the balance of the seats available are apportioned between four distinct groups of districts in the State.
Cases Nos.
1951, April 9.
Out of these, 21 seats are reserved for students companying from outside the State, 12 seats are reserved for discretionary allotment by the State and the balance of the seats available are appor tioned between the same four distinct groups of districts.
Aliadi Krishnaswami Aiyar Alladi Kuppuswami Aiyar, with him for the respondents.
The Judgment of the Court was delivered by DAS J. This judgment companyers both Case No.
In the case of the Medical Colleges, number less than 20 per cent.
