The State is obligated to promote the educational and economic interests of the weaker Sections of society, especially those of the Scheduled Castes and Scheduled Tribes, and that giving preference to children born of inter-caste marriages in which one of the spouses was a member of a Scheduled Caste or Scheduled Tribe was a reasonable classification that did not amount to discrimination.

S. NATARAJAN

These two writ petitions have been filed by two brothers, who sought admission in any of the Government Medical Colleges in Tamil Nadu for the M.B.B.S., or B.D.S. Degree Course in the quota of twelve seats reserved for children born of intercaste marriage, under the special categories of candidates enumerated in Annexure I of the prospectus issued by the first respondent. Since neither of them was selected, the two petitioners have filed the respective petitions praying for the issue of a writ of certiorarified mandamus in favour of each for quashing sub-clauses (1) and (2) of Category (iv) of the reservations specified in Annexure I so far as it relates to each of them, and in addition, for the directions being issued to the respondents to admit each one of them in the first year of the M.B.B.S. Degree Course for the academic year 1985-86.

2. Thiru Ramesh, petitioner in W.P. No. 9647 of 1985, is a major while Thiru Hari Ganesh, petitioner in W.P. No. 8390 of 1985 is a minor represented by his father and

guardian Thiru P. Shanmugham. It is stated that Thiru Ramesh applied for admission for the M.B.B.S.,/B.D.S. Course in the year 1983-84. If so, it is not clear how the petitioner is entitled to seek the issue of a writ of certiorarified mandamus relating to the selections that have been made for the academic year 1985-86. Be that as it may, the ground on which the two writ petitions are founded, is of limited dimension.

3. For admission of students to the Government Medical Colleges in Tamil Nadu for the M.B.B.S.,/B.D.S./B.Pharm. Courses, 1985-86, it was announced in the prospectus that selections would be made for a total number of 1072 seats in the various medical colleges, existing as well as proposed, in different parts of the State. Annexure I of the prospectus sets out the number of seats reserved for certain special categories of candidates in the State of Tamil Nadu. Candidates wishing to apply for selection to one of the seats reserved for the special categories have been directed to indicate clearly the particular category under which they seek admission. The categories of reservation are as under :

Category of Reservation No. of seats for 1985-86

(i) For Physically handicapped 3

(ii) For Widows 10

(iii) Eminent Sportsmen 3

(iv) Children born of inter-caste marriage in the order of preference mentioned below : 12

(1) For the Children born of inter-caste marriage between SC/ST and Forward Communities

(2) For the children horn of inter-Caste marriage between SC/ST and Most Backward Class/Backward Class Communities

(v) Defence Quota 6

(vi) Children of Freedom Fighters 3

(vii) Tamil Language Candidate whose parent/parents has/have suffered for the cause of development of Tamil and contributed towards the protection of Tamil 6

(viii) For orphans from orphanages approved and aided by State Government 5

As we are concerned only with Category (iv) and Cls. (1) and (2), the details of this category alone have been set out and the details of the other categories have not been extracted.

4. The petitioners are children born of intercaste marriage between their father belonging to a Backward community and their mother belonging to a Forward community. As the reservation under Category (iv) has been made for children born of intercaste marriage, the petitioners contend that the preference shown under Cl. (1) for the children born of intercaste marriage between Scheduled Castes/Scheduled Tribes and Forward Classes and under Cl. (2) for the children born of intercaste marriage between Scheduled Castes/Scheduled Tribes and Most Backward Classes, amounts to preferential treatment of those children and it is violative of Art.14 of the Constitution. Mr. Shanmugham, who argued the petitions on behalf of both the petitioners, strenuously pleaded that the reservation of twelve seats for children born of inter caste marriage is permissible under the Constitution, but conferring preference to children born of parents of whom one happ