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1964 Supreme(Ker) 93

M.S.MENON, M.MADHAVAN NAIR
State of Kerala – Appellant
Versus
Jacob Mathew – Respondent


Judgment :-

1. The first and second respondents in O.P. No. 1266 of 1963 are the appellants before us. They are the State of Kerala represented by the Chief Secretary to the Government, and the Principal of the Medical College, Trivandrum.

2. The controversy relates to the validity of Ext. R-1, an order of the Government regarding the selection of candidates for admission to the Medical Colleges in the State. The order is dated the 7th June 1963, and is the successor of earlier orders on the subject.

3. Ext. R-1 reserves thirteen per cent of the seats for the M.B.B.S. Course to Ezhavas, nine per cent to Muslims and three per cent to Latin Catholics inclusive of Anglo-Indians. The first question for consideration is whether these reservations can be sustained in the light of Art.14, 15 & 29 of the Constitution.

4. Art.14 of the Constitution provides that "the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." Clause (3) of Art.13 of the Constitution defines the expression "law" for the purposes of that article. According to that definition the expression, unless the context otherwise requires, includes "any Ord



















































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