Judgement

WANCHOO, CJI. :- The three petitions and the civil appeal challenge the same order of the State of Madras by which rules were promulgated for selection of candidates for admission to the First year Integrated M.B.B.S. Course. We shall briefly refer to the provisions of the Rules to understand the attack made thereon. It appears that there was a large rush of candidates for admission to the medical colleges in the State of Madras while the seats therein were limited. In consequence, the State of Madras which runs these colleges framed rules for admission to them. It is not necessary to refer to all the Rules and we shall confine ourselves to those Rules which have a bearing on the challenge made in these cases. Rule 2 provides for reservation of 10 seats for certain categories. We are however not concerned with it as it is not challenged. 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 Rule 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 classes will be allocated among the various districts on the basis of the ratio of the population of each district to the total population of the State. This districtwise allocation will not apply to seats reserved for Scheduled Tribes and Scheduled Castes provided under Rule 5. Then follows Rule 9 as to the procedure for selection and qualifications of candidates. Rule 10 (d) provides for a maximum of 75 marks for extra curricular activities which have been specified under five heads. Further the Rules also prescribe the form of application, and as the selection is on a districtwise basis the form has a column to the effect: "Nativity Claimed". It further appears from the form that nativity depends on the S.S.L.C. Register i. e. the district from which the candidate passed the S.S.L.C. Examination, or on the nativity certificate of parents. Further for the purpose of nativity, the place where the candidate s parents were born or the place where they possessed immovable property has to be considered. The candidate may choose the district, from which he passed the S.S.L.C. Examination, but he may, in the alternative, choose some other district on the ground of nativity, and this choice leaves it open to him to choose the district of permanent residence of the father or the mother. Further the form of certificate shows that where the parents are dead, even the guardian s nativity, can be the basis of the district which a candidate may claim.

3. On the basis of these rules, a number of Selection Committees were appointed each consisting of three members. It is not in dispute that the three members of the Selection Committee did not sit together to interview candidates; each member was allotted 25 marks out of the total of 75 prescribed for the interview and interviewed each candidate separately. This method of selection has also been attacked as against the Rules.

4. Four main contentions have been raised before us in these