Judgment

S. R. Das J - This judgment covers both case No. 270 of 1951 (State of Madras v. Srimathi Champakam Dorairajan) & case No. 271 of 1951 (State of Madras v. C. R. Srinivasan) which are appeals from the judgment passed by the H. C. of Judicature at Madras on 27-7-1950, on two separate applns. under Art. 226 of the Constitution complaining of breach of the petnrs. fundamental right to get admission into educational institutions maintained by the State.

2. The State of Madras maintains four Medical Colleges & only 330 seats are available for students in those four Colleges. Out of these 330 seats, 17 seats are reserved for students coming from outside the State & 12 seats are reserved for discretionary allotment by the State & the balance of the seats available are apportioned between four distinct groups of districts in the State.

3. Likewise, the State of Madras maintains four Engineering Colleges & the total number of seats available for students in those Colleges are only 395. Out of these, 21 seats are reserved for students coming from outside the State, 12 seats are reserved for discretionary allotment by the State & the balance of the seats available are apportioned between the same four distinct groups of districts.

4. For many years before the commencement of the Constitution, the seats in both the Medical Colleges & the Engineering Colleges so apportioned between the four distinct groups of districts used to be filled up according to certain proportions set forth in what used to be called the Communal G. O. Thus, for every 14 seats to be filled by the selection committee, candidates used to be selected strictly on the following basis : Non-Brahmins (Hindus) ... 6 Backward Hindus ... 2 Brahmins ... 2 Harijans ... 2 Anglo-Indians & Indian Christians ... 1 Muslims ... 1 Subject to the aforesaid regional & what have been claimed to be protective provisions selection from among the applicants from a particular community from one of the groups of districts used to be made on certain principles based on academic qualifications & marks obtained by the candidates In the case of the Medical Colleges, not less than 20 per cent. 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 committee to admit a larger number of woman candidates in any region if qualified candidates were available in that region & if they were eligible for selection on merits vis-a-vis the men candidates in accordance with the general principles governing such admissions as laid down in those rules. It appears that the proportion fixed in the old Communal G. O. has been adhered to even after the commencement of the Constitution on 26-1-1950. Indeed, G. O. No. 2208, dated l6-6-1950, laying down rules for the selection of candidates for admission into the Medical Colleges substantially reproduces the communal proportion fixed in the old Communal G. O.

5. On 7-6-1950, Sm. Champakam Dorairajan made an appln. to the H. C. of Judicature at Madras under Art. 226 of the Constitution for protection of her fundamental rights under Art.15 (1) & Art.29 (2) of the Constitution & prayed for the issue of a writ of mandamus or other suitable prerogative writ restraining the State of Madras & all officers & subordinates thereof from enforcing, observing, maintaining or following or requiring the enforcement, observance, maintenance or following by the authorities concerned of the notfn. or order generally, refd. to as the Communal G. O. in & by which admissions into the Madras Medical Colleges were sought or purported to be regulated in such manner as to infringe & involve the violation of her fundamental rights. From the affidavit filed in support of her petn. it does not appear that the petnr. had actually applied for admission in the Medical College. She states that on inquiry she came to know that she would not be admitted to the College as she belonged to the Br