Decided on September 27,1963



- (1.) These nineteen writ petitions are directed against the validity of G.O. Ms. No. 1886, Health, dated 21st June 1963. W.P. Nos. 857, 880, 908, 973 and 997 represented by Mr. P. A. Choudary, as well as W.P. Nos. 905, 922 and 956 represented by Mr. Babul Reddy, W.P. No. 1015 of 1963 represented by Mr. Venkatramana Reddy and W.P. No. 879 of 1963 represented by Mr. Audinarayana Reddy, related to one general question as to whether the above Government order conflicts with Articles 14, 15 and 13(1)(g) of the Constitution and if so whether the Government Order should be struck down. The above petitions as well as the other writ petitions also challenge the validity of the action taken under the order on several other grounds wmch will be stated and dealt with at the appropriate place. I will refer to the affidavit and the counter in W.P. No.857 of 1963 which is typical of this batch of writs. At any rate, the counter filed in all these writs is almost identical.
(2.) The allegations in these writ petitions are that there are four Medical Colleges in the Andhra area which are maintained by the State of Andhra and the total number of medical seats available under the above Government Order after reserving 5 seats for the Government of India scholars, are 495. Of these, 5 per cent are reserved for candidates who have distinguished themselves in sports and extracurricular activities, 16 per cent for the scheduled castes and scheduled tribes, 25 per cent for backward classes, in accordance with the list of such classes appended to the rules, and 30 per cent for women. Apart from these, under rule 6, for the purposes of selection, the seats available for admission in the Andhra area of the State, after deducting the reservations specified in rule 2 (i) (a), shall be allotted to the candidates belonging to the Andhra area only, provided, that a number of seats equal to the number of Andhra candidates who are selected for admission to the M.B.B.S. course in the institutions in the Hyderabad City shall be reserved for Telangana candidates who are transferred to the Andhra region in exchange and the latter shall not be subject to any further selection. The Andhra area is divided into three groups of districts or regions as indicated therein and the reginal distribution of seats available for admission for the area after deducting the reservations specified in rule 2 shall be on the basis of the ratio of the population of each region to the total population of the area-Region I ; comprising the Districts of Srikakulam and Visakhapatnam ; region II comprising the districts of Guntur, Krishna, East Godavary and West Godavary ; and Region III ; comprising the districts of Nellore, Cuddapah, Kurnool, Anantapur and Chittoor. If, in any regionl there is deficiency in the number of candidates selected against the reserved quota for the region in favour of a particular category, the candidates of the same category in the other regions of the area, shall be considered for selection. There is again a reservation of 1/3rd of the total seats in favour of the Multipurpose and P.U.C. students (in all categories put together) at least should be given to the multipurpose and senior Cambridge candidates and in case the multipurpose and senior Cambridge candidates fail to get at least one third of the seats (scheduled castes and tribes and women backward classes, general) the number should be made up by admitting corresponding number of multipurpose and senior Cambridge candidates who are otherwise qualified. Rules 7-C (i) and 7-C (ii) are as follows. (C) Marks.-(i)For purposes of selection to the integrated M. B. B. S. course the aggregate of marks obtained by the candidate in the optional science subjects only equated to a maximum of 300) in the Pre-University or the Higher Secondary Examination shall be taken into account. When there is a tie, the aggregate marks obtained by the candidate in the optional subjects and english only (equated to a maximum of 400 i.e., 300 optional subjects and 100 (in English in the Pre-University or Higher Secondary Examination shall be taken into account. Notes.-Admissions for the integrated M. B. B. S. Course in the medicine would be made from the categories the Multipurpose, senior Cambridge and Pre-University Course candidates on merit basis subject to the conditions that one-third of the total seats (in all categories put together) at least should be given to multipurpose and Senior Cambridge candidates. In case the multipurpose and Senior Cambridge Candidates fail to get at least one third of the seats (in all categories put together i.e., General, Backward classes, Scheduled castes and Tribes and women etc.) the number should be made up by admitting corresponding number of multipurpose and Senior Gimbridge candidates who are otherwise qualified. (ii) Only candidates, who have obtained not less than 45 per cent of total marks in all the subjects in the qualifying examination in respect of M.B.B.S.course shall be considered as far as candidates belonging to the communities other than Scheduled Castes and Scheduled Tribes, this limit shall be reduced to 40 per cent. Apart from these reservations there is a reservation of five seats for Mysore Government. These are on a reciprocal basis and willingness, so that in fact no candidates from the Andhra area who is eligible be admitted will suffer because of this rule and those only admitted to the Andhra Colleges or Mysore Colleges will be exchanged under Rule 2 (ii). Similarly with respect to Kerala Government nominee, one seat is reserved for the nominee of the Andhra Government in one of the Medical Colleges of Kenada.
(3.) The main contention in the thirteen writ petition is that the classifications of backward classes is solely based on caste and that the Government recently under the above impugned to G.O.have pleaded two more castes at Nos. 84 and 85 viz., Telagas and Kapus of Circar districts and Settibalijis of all Districts, and Rayalaseema and the Districts of Nellore and Guntur, which by no means are said to be backward and are merely selected on the basis of caste without applying the indicia of social and educational backwardness, which is necessary to bring them under the exception envisaged by Article 15 (4) and secondly, Christian converts from scheduled castes and tribes are also included in the socially and educationally backward classes here again taking caste as the only criterion and not the social and educational backwardness which are the requirements envisaged by Article 15 (4). In some of the writ petitions, the reservation of 5 per cent, for sports and extraurricular activities under Rule 3 is also challenged.;

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