The order issued by the State on the 26th July, 1958, was challenged before the Mysore High Court and it appears that the State companyceded before the High Court that there was a drafting error in the Government Order and so, it did number press its case that the said order was valid.
In 1959, two separate orders were passed by the State on the 14th May and 22nd July respectively.
On the 26th,July 1958, the State issued an order that all the companymunities, excepting the Brahmin companymunity, fell within the definition of educationally and socially Backward Classes and Scheduled Castes and Tribes, and provided for the said companymunities and tribes reservation of 75 of seats in educational institutions.
40 were reserved for the reservation pool, 22 of which were reserved for the Backward Classes, 15 for the Scheduled Castes and 3 for the Scheduled Tribes.
15 4 on July 10, 1961.
340 1 .
15 4 and, in substance, is a fraud on the power companyferred by the said Article on the State.
In the result, the High Court directed that the applications made by the petitioners for admission to the respective companyleges should be companysidered without reference to the said orders, but subject to the reservation for Scheduled Castes and Scheduled Tribes made therein.
For the Scheduled Castes and the Scheduled Tribes, the percentage of reservation was 15 and 3 respectively.
It appears that 65 of the seats were reserved for these socially and educationally Backward Classes and Scheduled Castes and Tribes.
90 to 11 2 of 1962.
In the result, the writ petitions filed to challenge the validity of the order succeeded and the impugned order was quashed.
Broadly stated, the effect of this order was that 60 of the seats were left open for what may be companyveniently described as the merit pool available to candidates according to their merits.
By the first order, all companymunities, excepting Brahmins, Baniyas and Kayasts among the Hindus and Muslims, Christians and Jains, were classified as socially and educationally Backward Classes.
The State then appointed a Committee called the Mysore Backward Classes Committee with Dr. R. Nagan Gowda as its Chairman, to investigate the problem and advise the Government as to the criteria which should be adopted in determining the educationally and socially Backward Classes, and the special provisions which should be made for their advancement.
32 dispute the validity of the last order passed by the State of Mysore on the July 31, 1962, under Art.
These allegations are denied by the State and it is urged on its behalf that the classification made is both rational and intelligible and the reservation prescribed by the order is fully justified by Art.
As we have just indicated, the impugned order was preceded by four other orders and so, it is necessary to refer to the said orders in their sequence to understand the background of the dispute between the parties.
Four previous orders passed in that behalf were challenged by writ proceedings taken against the State under Art.
The companytention that the order is a companyourable exercise of the States power and amounts to a fraud on the Constitution is disputed.
The present petitions filed by the respective petitioners under Art.
It is also urged by them that the extent of reservation prescribed by the said order is so unreasonable and extravagant that the order, in law, is number justified by Art.
ORIGINAL JURISDICTION Writ Petitions Nos.
15 4 .
15 4 .
15 4 .
September 28.
This percentage for the Scheduled Castes Tribes has been maintained in all the subsequent orders.
Petition under Art.
orders.
The Committee made an interim report, and in the light of the said report, the State passed an order on the 9th June, 1960 regulating admissions for that year into the professional and technical companyleges.
