The rule reserving seats for backward classes can be worked out in such a way as to protect the interests of students of the backward classes without at the same time causing prejudice to students of other communities.

K. SUBBA RAO, C.J. : -

This is an application under Art. 226 of the Constitution of India to issue a writ of certiorari or other appropriate writ calling for the records relating to the selection of medical students from region No. 1 of the former Telangana area, to set aside the selections illegally made and to order that fresh selections be made according to law.

2. The petitioner claims to belong to Munnuru Kapu community, which is one of the backward classes in the State. He passed the B.Sc. examination from the Osmania University Science College, Hyderabad in the year 1956 with Zoology main and Botany and Chemistry as subsidiaries. In the group, he secured 57.3 per cent of the marks in the final examination. He applied for admission into the Medical College. He was interviewed but was not selected though his name was put in the first waiting list. Claiming that his fundamental right guaranteed under Art. 29 (2) of the Constitution has been violated, he filed the application for the aforesaid relief.

3. The facts pertaining to the selection have been stated in the counter-affidavit filed on behalf of the State. Under the scheme of selection propounded by the State, the total number of seats available both in the Osmania and the Gandhi Medical Colleges was 150. Of these, five seats were allotted to students under the Colombo Plan Cultural Scholarships etc., and of the remaining 145 seats, 15 per cent were allotted to Karnataka, 10 per cent to Marathwada, 30 per cent to women, 15 per cent to backward classes, 15 per cent to scheduled castes and the remaining to candidates under the general pool.

Under this arrangement, the total number of seats available to the Telangana candidates was 110 excluding the reservations. This was divided between regions 1 and 2 on population basis. The total number of seats which became available for region No. 1 was 13, 10 for boys and 3 for girls. The said 13 seats had been distributed as

follows :

Boys (General) ... ... 6

Boys (Backward classes) ... 2

Boys (Scheduled castes) ... 2

Girls (General) ... ... 1

Girls (Backward classes) ... 1

Girls (Scheduled castes) ... 1

13

4. The marks of the last candidate in the Boys (General) category was 62.5 per cent and that in the boys (backward classes) category 60.2 per cent. The marks secured by the single backward class-girl candidate was 62.1 per cent. The boys, who competed for the seat reserved for the backward classes, secured the following marks :

1. K. Manohar 60.2%

2. Syed Rahamat Hussain 60.2%

3. Mohd. Bazlullah 57.7%

4. Puppala Sudarsan (Petitioner) 57.3%

The aforesaid facts are not denied.

5. Learned counsel for the petitioner contends that, if Manohar had been allowed to compete for the general pool, the petitioner would have got the seat under reservation for students of backward classes and therefore the selections made rejecting his claims violated his fundamental right under Art. 29 (2) of the Constitution of India.

6. From the aforesaid facts, it is clear that even if Manohar was allowed to compete for the general pool, the petitioner would not have secured a seat, for two other boys belonging to backward classes secured more marks than what the petitioner got. But it is said that one of the other two was allotted to the Guntur College and, therefore, the petitioner would have been selected in his place.

7. We shall assume for the purpose of this application, though the supervening circumstances may not be of much relevance, that if Manohar did not compete for the reserved seat, the petitioner would have got in. The next question is whether the petitioners fundamental right has, in any way, been violated in this case.

8. The material parts of the relevant Articles may be read :

Article 29 : -

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Article 15 : -

(1) The state shall not discrim