JUDGMENT

RAY, C.J.I. :—The first petitioner is the minor daughter of the second petitioner. The petitioners in this writ petition challenge the Government Order dated 2 May, 1966 on the ground that it offends Article 15 (4) of the Constitution. The petitioners also ask for an order directing the respondents, viz., the State and the Principal of the Medical College at Trivandrum to allot a seat to the first petitioner.

2. The first petitioner applied for admission to the M.B.B.S. Course for 1975-76 in one of the Medical College at Trivandrum in the State of Kerala. Clause 9 sub-clause (vi) in the prospectus for admission provided among other things that the applicant should produce certificate of community and income (from all sources) in the prescribed form in the case of candidates belonging to the communities recognised by the Government as socially and educationally backward classes.

3. The petitioner produced the certificate from the Tahsildar, showing that the total income of her family from all sources is Rs. 11,752/- for the year 1975-76 and that she is an Ezhava.

4. The minimum marks prescribed for admission for candidates belonging to Ezhava community in the State is 363 in the optional subjects of Physics, Chemistry and Biology. The petitioner obtained 372 marks. The petitioner alleges that the list of candidates belonging to the Ezhava/Thiyya community selected for the seats reserved to them under Article 15 (4) of the Constitution was published on 10, October, 1975 and the first petitioner was not selected though candidates belonging to Ezhave community who had obtained less marks than the first petitioner has been selected. The petitioners further allege that the list shows that candidates Nos. 6 to 27 obtained marks ranging between 371 and 357. The Principal, Medical College sent a Memorandum to the first petitioner that, as the income exceeds Rs. 10,000/- her case cannot be considered under reservation scheme.

5. Clause 11 of the prospectus for 1975-76 for admission to M.B.B.S. Course in Medical Colleges in the State is as follows :-

"11. Selection for admission, reservation for S.Cs/S.Ts/Socially and educationally backward Class and reservation on regional basis :- Selection of candidates will be on the basis of merits as laid down in G. R. Rt. 1361/70/ Health dated 18-6-1970 and D. O. Ms. M. O. No. Health dated 216/71/Health dated 8-7-1971 and subject to the provisions contained in G.O. (P) 208/66/Edn. dated 2-5-1966 and subsequent orders of the Government regarding reservation for Scheduled Castes and Scheduled Tribes and other socially and educationally backward class, reservation for Malabar and Travancore-Cochin, area etc. The decision of the Government on matters concerning admission shall be final."

6. On 2 May, 1966 the State Government issued an order, inter alia, that only applicants who are members of families consisting of Ezhavas, whose aggregate annual income is blow Rs. 6,000/- would be entitled to admission to the seats reserved for students belonging to the socially and educationally backward class. It should be stated here that the said order of the State Government came to be issued on the consideration of the report of the Commission appointed by the State to enquire into the social and educational conditions of the people and report as to what sections of the people in the State of Kerala should be treated as socially and educationally backward classes.

7. The Commission assumed office on 14 July, 1964 and submitted its report on 31 December, 1965. The recommendation of the Commission was that only citizens who are members of families which have an aggregate income of less than Rupees 4200/- per annum and which belong to the castes and communities mentioned in Appendix VIII constitute socially and educationally backward classes for purposes of Article 15 (4).

7A. When the Government passed the order on 2 May, 1966 the Government order stated inter alia as follows:- "After the Commission collected