S. R. DAS GUPTA, C. J.

( 1 ) IN these petitions the Petitioners are challenging two orders passed by the Government of mysore being Order No. ED 79 TGL 59 dated 14th May 1959 and Order No. ED 79 TGL 59 dated 22nd July 1959. In the first order, that is, the order dated 14th May 1959, it was stated as follows :

"with the Reorganisation of States and the formation of the new State of Mysore, the question of evolving a uniform policy in regard to reservation of seats in the Professional and Technical colleges and Institutions in favour of socially and educationally backward Classes of citizens has been under the active consideration of the Government. After careful consideration of all aspects of the question, the Government have come to the conclusion that communities set down in the Annexure hereto are the other socially and educationally backward classes of citizens. In supersession of Government Order No. ED 129 UNI 58, dated 26th July 1958 read above, it is ordered that reservation of seats in Technical and Professional Colleges and Institutions for scheduled Caste and Scheduled Tribes be fixed at 20 per cent, and reservation of seats for other socially and educationally Backward Classes at 45 per cent and that the remaining 35 per cent of the seats shall be filled up on the basis of merit. "

The annexure referred to in the said Order purports to be a consolidated list of other Backward classes in New Mysore State and enumerates 164 communities as such Backward Classes. The said list includes Muslims, Indian Christians, Sikhs and various sub-castes of the Hindus, e. g. , lingayet, Kuruba, Kansara, Vokkaliga, Bhants, Raddis and Kunchitigas etc. It was stated before us by the learned Government Pleader that so far as he is aware except Brahmins, Banias and kayasthas all other castes of the Hindu religion as existing in the State of Mysore have been noted in the said list as belonging to Backward Classes. It was further stated by the learned Government Pleader appearing for the State that of the communities other than the Hindu community only Parsis and Anglo-Indians were excluded from the said list and the rest were all enumerated therein.

( 2 ) BY the Second order dated 22nd July 1959 it was inter alia ordered as follows :

"in the Government Order dated the 14th May 1959 it has further been directed that the reservation for other socially and educationally backward classes shall be 45 per cent. Since provision for the advancement of all such socially and educationally backward classes of citizens is necessary, it is ordered that the said classes should be separately grouped and the percentage of reservations for each such group fixed for the allotment of seats in Technical and Professional institution. Accordingly, it is hereby, ordered that the various other socially and educationally backward classes be grouped as specified in column 2 of the following Table and the percentage of reservation in respect of each group be as specified in Column 3 of the corresponding entry in respect of each group. "

On reference to the table set out in the said order, it would appear that the communities mentioned in the annexure to the earlier Order have been subdivided into several groups and the percentages of the seats to which each of the said groups are eligible have also been enumerated therein; e. g. Lingayats including Jangams and Kuduvokkals have been grouped together and the percentage of seats reserved for them is 8. 5 per cent. Again, for example 8 communities including Rajputs have been grouped together and the percentage of seats reserved for all of them has been fixed at 3. 2 per cent. Similarly Muslims have been grouped with certain other communities and their percentage has been fixed at 5. 6, and the Jains have been grouped with a large number of communities and the total percentage given to them is 2. 4.

( 3 ) THE Petitioners before us are challenging both these Orders as unconstitutional. The stand taken by the State, on th

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