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SUPREME COURT OF INDIA
A.N. RAY, C.J.I., K.K. MATHEW AND N.L. UNTWALIA, J.
State of U.P. and others, Appellants
Versus
Pradip Tandon and others, Respondents.
Civil Appeals Nos. 1542 of 1974 and 1385 of 1973, Writ Petn. No. 442 of l974,
D/- 19-11-1974.
Civil Appeal No. 1542 of 1974.
Civil Appeal No. 1385 of 1973:
Subhash Chandra, Appellant
Versus
State of U.P., Respondent.
Writ Petn. No. 442 of 1974:
Ravi Asopa, Petitioner
Versus
State of U.P. and others, Respondents.
Held, neither caste nor race nor religion can be made the basis of classification for the purpose of determining social & educational backwardness within the meaning of Article 15 (4). When Article 15 (1) forbids discrimination on grounds only of religion, race, caste, caste can not be made one of the criteria for determination of social and educational backwardness. If caste or religion is recognised as a criterian of social and educational backwardness, Article 15 (4) will stultify Article 15 (1). It is true that Article 15 (1) forbids discrimination only on the ground of religion, race, caste, but when a classification takes recourse to caste as one of the criteria in determining socially and educationally backward class, the expression ''classes'' in that case violates the rule of expressio unius est exclusio alterius. The socially and educationally backward classes of citizens are groups other than groups based on caste.
(Para 15)
Backwardness is judged by economic basis that each region has its own measurable possibilities for the maintenance of human numbers, standards of lines & fixed property. From an economic point of view the class of citizens are backward when they do not make effective use of recourses, when large area of land maintain a sparse, disorderly and the element of social backwardness is observed. When effective territorial specialisation is not possible in the absence of means of communication and technical processes as in the hill and Uttrakhand Areas, the people are socially backward class of citizens. Neglected opportunities and people in remote places raise wall of social backwardness of people.
(Para 19)
Educational backwardness is ascertained with reference to these factors. Where people have traditional apathy for education on account of social and environmental condition or occupational handicaps, it is an illustration of educational backwardness. The hill and Uttrakhand areas are inaccessible. There is lack of educational institutions and educational aids. People in the hill and Uttrakhand areas illustrate the educationally backward class of citizens because lack of educational facilities keep them stagnant and they have neither meaning and values nor awareness for education.
(Para 20)
Constitution of India, Article 15 (1), 14 and 16–Reservation of seats–Discrimination on ground of rural and urban and hilly areas–Such discrimination how far valid and when violates Article 14 & 16.
Held, that reservation for rural areas can not be upheld because there is no classification based on residence between students coming from within the state and other coming from without. The case of classification of rural areas is not one of under classification. It is a case of discrimination in favour of the majority of rural population to the prejudice of students drawn from the general category. This classification is unconstitutional.
(Para 37 & 40)
The reservation in favour of candidates from rural areas is unconstitutional but the reservation for the hill and Uttrakhand areas are severable and these are valid.
(Para 42)
Judgment
RAY, C. J.:- The principal question for consideration in these Civil Appeals and Writ Petition is whether the instructions framed by the State in making reservations in favour of candidates from Rural Areas, Hill Areas and Uttrakhand are constitutionally valid. These reservations were made by the State Government for admission of students to medical colleges in the State of Uttar Pradesh.
2. In Civil Appeal No. 1542 of 1974 the instructions for the combined premedical test for the year 1973 were impeached. The instructions for the combined pre-medical test 1973 for admission to 7 medical colleges in Uttar Pradesh under the Meerut University provided for reservation of 117 seats for rural areas, 25 seats for hill areas and 25 seats for Uttrakhand area. The total number of seats in the 7 colleges is 782. 392 seats are open to candidates under general category. There are reservations for scheduled castes, scheduled tribes, children of political sufferers and children of army personnel. The reservations for rural, hill and Uttrakhand areas were challenged as unconstitutional.
3. In Civil Appeal No. 1885 of 1973 the combined pre-medical test for admission to 5 medical colleges at Allahabad, Kanpur, Meerut, Agra and Jhansi for the year 1971 was challenged. The total number of seats was 758. 26 seats were reserved for the nominees of the Government of India under various heads. 732 seats were available to be filled in through the combined pre-medical test. 368 seats were open to general competition. 89 seats were reserved for rural areas. 23 seats for hill areas and as seats for Uttrakhand Division. The reservations for the rural, hill and Uttrakhand areas were challenged as unconstitutional.
4. The contention on behalf of the State was that the reservations for rural, hill and Uttrakhand areas are for socially and educationally backward classes. It was also said that these reservations are valid on geographical or territorial basis.
5. The affidavit evidence on behalf of the State was this. The Government in the years 1952 and 1953 made reservations for Kisan and hill area candidates. The Government reviewed the position from time to time. The reservations are considered necessary to attract graduates from those areas which are otherwise handicapped in the matter of education. It is necessary to feed the dispensaries with medical men in adequate number to serve the people inhabiting those areas. The rural, hill and Uttrakhand areas lack educational facilities. People living there are illiterate or have a very modest education. Their economic condition is unsatisfactory. The level of income is low. There is acute poverty. There is lack and in some cases total absence of communication and transportation. Historically these areas have been neglected. People living in those areas are socially backward. The percentage of education among them is low. Candidates from those areas on account of various difficulties and handicaps cannot generally compete on parallel or equal footing with other candidates. The State maintains and financially supports the medical colleges. The State can, therefore, claim to lay down the criterion for admission to those colleges. The State classified these rural, hill and Uttrakhand areas as social and educationally backward areas.
6. The affidavit evidence on behalf of the candidates at the combined premedical test is that candidates belonging to reserved categories obtained admission although they secured marks as low as 128 and other candidates were placed in the waiting list although the marks obtained by them was as low as 103 In the general category candidates in the waiting list secured about 266 marks. (See Petition in Civil Appeal No. 1542 of 1974). In Civil Appeal No. 1385 of 1973 it was alleged that the candidates from rural, Scheduled Castes, Uttrakhand and Hill areas who obtained admission obtained 281, 208 and 163 marks respectively where as, the petitioner in that case obtained 288 marks and co
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