Shah, J. - (1.) Against the order passed by the High Court of Andhra Pradesh declaring invalid the "reservation for backward classes under Rules 4A and 5A respectively of the Telangana and the Andhra Rules and the directions in respect of the President's Scouts and Guides" under Government Orders Nos. 1135 and 1136-Health, Housing and Municipal Administration Department dated June 16,1966 as modified by G. O. M. S. 1880 dated July 29, 1966 for the Telangana Region, and by G. O. M. S. 1786 dated August 2, 1966 for the Andhra Region the State of Andhra Pradesh has appealed to this Court with special leave.
(2.) The State of Andhra Pradesh is divided into areas-Telangana and Andhra areas. In 'the Telangana area there are two Medical Colleges having in the aggregate 270 seats for entrants to the medical degree course. In Andhra area there are four Medical Colleges having in the aggregate 550 seats for new entrants. In admitting candidates for the medical degree course by Government Orders Nos. 1135 and 1136-Health Housing and Municipal Administration Department dated June 16, 1966, seats were reserved for Central Government nominees, for N.C.C., A.C.C., President Scouts and Guides, for candidates with sports and extra-curricular proficiency for children of ex-service army personnel, for children of displaced goldsmiths, for candidates from Scheduled Castes and Tribes, for women candidates, for candidates appearing from H.S.C. Multipurpose I. S C. and P.U.C. Examinations and for candidates who had secured the M. Sc. and B. Sc degrees. By Government Order No. 1880 dated July 29, 1966, twenty per cent of the total number of seats were reserved for backward classes in each area, and pursuant thereto the Telangana Rules were amended by G.O. M.S. No. 1784-Health and the Andhra Rules were amended by G.O. M. S. No. 1786-Health dated August 2, 1966 The validity of the Government Orders Nos. 1135 and 1136 was challenged on the ground that they infringed the fundamental freedoms guaranteed under Articles 15 (4) , 16 (4) and 29 (2) of the Constitution. The High Court held that in reserving seats for nominees of the Central Government and from other States for cultural scholars, for women, for graduates and for students from H.S.C. and P.U.C. Courses, no fundamental rights were infringed, but the reservations for members of the backward classes described in the list prepared by the Governments of Andhra Pradesh were invalid. By Art. 15 of the Constitution, as originally enacted it was provided that: "(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) * * * * * * (3) Nothing in this article shall prevent the State from making any special provisions for women and children. Article 29 (2) provided that. "No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds, only of religion. race, caste, language or any of them." By Article 46, which occurs in Chap. IV relating to Directive Principles of State Policy the State was enjoined to promote the educational and economic interest of the weaker sections of the people, but Articles 15 and 29 as originally framed prohibited the making of any discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. In the State of Madras vs. Smt. Champakam Dorairajan, (1951) SCR 525 an order issued by the Government of the State of Madras fixing the number of seats for particular communities for selection of candidates for admission to the Engineering and Medical Colleges in the State was challenged on the ground that it violated the guarantee against discrimination under Article 29(2) of the Constitution. This Court held that the Government order constituted a violation of the fundamental right guaranteed to the citizens of India by Article 29 (2) of the Constitution, notwithstanding the directive principles of State policy laid down in Part IV of the Constitution. The Parliament thereafter added Clause (4) in Article 15, by the Constitution (First Amendment) Act, 1951, providing 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 ,"
(3.) On July 31, 1962, the State of Mysore in supersession of all previous orders made under Article 15 (4) divided backward classes into two categories:backward classes and more backward classes, and reserved 68 per cent of the seats in the Engineering and Medical Colleges and other technical institutions for the educationally and socially backward classes and the Scheduled Castes and Scheduled Tribes. and left 32 per cent seats for the merit pool. That order was challenged by a group of writ petitions under Article 32 of the Constitution before this Court. This Court in M. R. Balaji vs. State of Mysore, (1963) 1 Suppl. SCR 439 held that the order passed by the State of Mysore 'was a fraud on the constitutional power conferred on the State by Article 15 (4) " and was liable to be quashed, because the order categorised, contrary to the plain intendment of Article 15 (4) , the backward classes on the sole basis of caste. A similar order G.O.M.S. No 1880-Health issued by the State of Andhra Pradesh on June 21, 1963, notifying a list of castes for the purpose of selecting candidates from the backward classes in the Medical Colleges in the State of Andhra Pradesh was declared invalid by the High Court of Andhra Pradesh on the ground that the order which classified the backward classes solely on the basis of caste subverted the object of Article 15 (4) of the Constitution:See P. Sukhadev Govt. of Andhra Pradesh, 1966-1 Andh WR 294.;