Reservation in educational institutions for socially and educationally backward classes is permissible under Article 15(4) of the Constitution, provided that the reservation is reasonable and does not exceed 50% of the total seats.

SATISH CHANDRA, J :- The State of Uttar Pradesh runs five medical colleges, one each at Allahabad, Kanpur, Meerut, Agra and Jhansi. In addition, Lucknow University has a medical college called King George Medical College. In consultation with the Lucknow University, the State Government decided to hold one combined Pre-Medical Test for selecting students for admission to the six medical colleges. The work of holding the combined Pre-Medical Test was entrusted to the Meerut University. There were in all 758 seats in the six medical colleges. Of these 26 had been allotted for nominees of the Government of India under various heads. The remaining 732 seats were to be filled in by the combined Pre-Medical Test. By different orders issued by the State Government a number of seats were reserved for various classes. The ultimate reservation of seats was as follows: -

(1) Girl Candidates

20%

(2) Candidates from rural areas

12%

3%

(4) Candidates from Uttar Khand Division 3%

(5) Candidates belonging to scheduled castes 7%

(6) Candidates belonging to scheduled castes from rural areas

(3) Candidates from hill areas

3% and (7) Candidates belonging to scheduled tribes 1%

Total 49%

As a result of the reservations, 368 seats remained as general seats. This was 51% of the total number of seats i.e., 732 which were open to the combined Pre-Medical Test, the balance 368 (49%) being reserved seats.

2. Subhash Chandra, the appellant appeared at the combined Pre-Medical Test held in 1971, for one of the general seats. He, however, was not selected. He challenged the order rejecting his application by a writ petition. The writ petition came on for hearing on 7th July, 1972. By this time the academic session for 1971 was well over and a competitive examination had been held in 1972. The appellant had not appeared at the 1972 examination. The learned Single Judge held that under the circumstances the petition has virtually become infructuous. Since the appellant had not appeared at the 1972 examination no direction could legally be given to the respondents to admit him to the 1972 course. The learned Single Judge dismissed the writ petition without going into the merits of the case.

3. Since the Pre-Medical Test is held every year and since the vires of the reservation order is challenged by the appellant on the ground that it violated Article 14 of the Constitution, learned counsel for both parties invited us to decide the merits of this question.

4. For the appellant, it was urged that the reservation in favour of the various classes of candidates mentioned above introduced the vice of discrimination in the Pre-Medical Test, because there was no rational basis to classify candidates belonging to the hill areas or rural areas or girl candidates for a specially favoured treatment. The differentia adopted by the reservation orders had no reasonable nexus with the objects sought to be achieved, namely to select the best possible material for admission to the medical colleges.

5. Art. 15 of the Constitution prohibits discrimination, on grounds only of religion, race, caste, sex, place of birth or any of them. Sub-article (3) thereof provides that nothing in this article shall prevent the State from making any special provision for women and children. Sub-article (4) says that nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

6. Sub-articles (3) and (4) of Art. 15 classify women and children, socially and educationally backward classes of citizens, Scheduled Castes and Scheduled Tribes as distinct groups. If the State Government makes reservation in respect of these groups, it cannot be said that the classification is not based upon rational differentia. The object of the reservation in favour of the various categories of candidates is obviously to make special pr