The classification of candidates into socially and educationally backward classes must be reasonable and not infringe upon the general fundamental rights contained in Article 14 of the Constitution.

D.S. MATHUR, J. :- This is a special appeal by Dilip Kumar against the order of the learned single Judge dismissing his writ petition challenging (Contd. on Col. 2) paragraph 10 of the Instructions issued by the Registrar, Combined Pre-Medical Test, Agra University, while holding the Pre-Medical Test in 1969. The request made in the writ petition was that the respondents, namely, the Govt. of Uttar Pradesh, the Vice-Chancellors of Agra, Lucknow. Allahabad, Kanpur and Meerut Universities, and the Deans of the Faculties of Medicine be directed to declare the petitioner selected at the Combined Pre-Medical Test held in June, 1969 and to admit him to the course of study prescribed for the degree of Bachelor of Medicine and Bachelor of Surgery.

2. A joint competitive test was held in the year 1969 for the admission to the 1st Year Class of six Medical Colleges at Agra, Allahabad, Kanpur, Lucknow, Meerut and Jhansi and the petitioner was one of the candidates who appeared in this test. The Medical College, Jhansi, is within the jurisdiction of Kanpur University and for this reason no one of this Medical College was impleaded in the writ petition. The petitioner was not declared successful, because of the restrictions imposed by the aforementioned paragraph 10. His case is that had the selection been made on merits without the illegal reservations contained in paragraph 10 of the Instructions he would have been selected and admitted in one of the Medical Colleges.

3. The main challenge to these instructions is that they are hit by Article 15 (4) of the Constitution. It was also contended that the classification contravenes the equality clause of Article 14 of the Constitution.

4. The learned single Judge was of opinion that the reservations made were within the limits permitted by Article 15 (4) of the Constitution and were not hit by Article 14 of the Constitution.

5. The material part of paragraph 10 of the Instructions runs as follows :-

"10. The respective distribution of seats will be as under on the basis of the result of the Competitive Test in order of merit :-

Medical College

Luck. Kan. Agra. All. Meerut. Jhansi.

(a) Seat for general candidates (Male)

103 104 63 55 55 26

(b) For Girl candidates 35 37 24 20 20 10

(c) For candidates from Rural areas

28 28 19 15 15 8

(d) For candidates from Hill areas (excluding Uttarkhand Division)

5 6 4 3 3 2

(e) For candidates from Uttar khand Division (of these seats 50 per cent are reserved for female candidates from Uttarkhand Division)

5 6 4 3 3 2

(f) For Scheduled Caste candidates

5 6 4 3 3 2

Total 181 187 118 99 99 50

(Note :-The Convener of the C. P. M. T. Committee is authorised to make additions or alteration in the number and reservation of seats as and when desired by the State Government).

(i) No candidate who fails to obtain less than 25% marks in each subject and less than 33% marks in the aggregate shall be eligible for admission. For the reserved seats for Scheduled Caste, it shall be 30% in the aggregate and 25% in each subject.

(ii) No minimum percentage shall be applicable to the candidates hailing from the Uttarkhand Division.

(iii) A candidate wishing to be considered for a reserved seat should in his application form specify one category of reserved seat for which he is eligible ; this will not prejudice his chance of being selected against a general seat.

(v) The candidates belonging to the reserved categories who qualify themselves for admission against general seats on the basis of merit, will, except the girl candidates, be treated as general and admissions against the reserved seats, except in the case of girl candidates will be made only from amongst those candidates of reserved categories who do not qualify themselves