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1 to Anglo-Indians and Indian Christians and 1 to Muslims. Respondents Issues: In the next place, it will be noticed that article 16 which guarantees the fundamental right of equality of opportunity in matters of public employment and provides that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment or office under the State also includes a specific clause in the following terms :- "(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments of posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State." . Out of these 330 seats, 17 seats are reserved for students coming from outside the State and 12 seats are reserved for discretionary allotment by the State and the balance of the seats available are apportioned between four distinct groups of districts in the State. of the total number of seats available for students of the State were filled by women candidates separately for each region, it being open to the selection committee to admit a larger number of woman candidates in any region if qualified candidates were available in that region and if they were eligible for selection on merits vis-a-vis the men candidates in accordance with the general principles governing such admissions as laid down in those rules. (2) 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." It will be noticed that while Cl.
Hence, the argument that having regard to the provisions of Art. proceeds on the basis of religion, race and caste and is opposed to the Constitution and constitutes a clear violation of the fundamental rights guaranteed to the citizen under Art. However, so long as there is no infringement of fundamental rights as conferred by Part III of the Constitution there can be no objection to the State acting according to the directive principles set out in Part IV subject to the legislative and executive powers and limitations conferred on the State under different provisions of the Constitution. The directive principles of State policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights. also and the State has filed an appeal which has been numbered 271 of 1951.46, the State is entitled to maintain the Communal G. fixing proportionate seats in State Colleges for different communities and if as a result certain individual citizens are unable to get admissions into the educational institutions, there is no infringement of their fundamental rights cannot be sustained. With regard to admission of students to the Engineering and Medical Colleges of the State, the Province of Madras had issued an order (known as the Communal G. In our opinion, that is the correct way in which the provisions found in Part III and IV have to be understood. Srinivasan) which are appeals from the judgment passed by the H. of Judicature at Madras on 27-7-1950, on two separate apples. 226 of the Constitution complaining of breach of the petnrs.' fundamental right to get admission into educational institutions maintained by the State. 29 (2) of the Constitution, in the affidavit filed in support of his petn. has stated that he had passed the Intermediate Examination held in March 1950 in Group 1, passing the said examination in first class and obtaining marks set out in para. It will appear that in the optional which are taken into consideration in determining the academic test for admission in the Engineering College the petnr. The learned counsel appearing for the State of Madras conceded that these two applicants would have been admitted to the educational institutions they intended to join and they would not have been denied admission if selections had been made on merits alone.O.) that seats should be filled in by the selection committee strictly on the following basis, i.e., out of every 14 seats, 6 were to be allotted to Non-Brahmin (Hindus), 2 to Backward Hindus, 2 to Brahmins, 2 to Harijans. However, so long as there is no infringement of any Fundamental Right, to the extent conferred by the provisions in Part III, there can be no objection to the State acting in accordance with the directive principles set out in Part IV, but subject again to the Legislative and Executive powers and limitations conferred on the State under different provisions of the Constitution. The State of Madras maintains four Medical Colleges and only 330 seats are available for students in those four Colleges. 1 Subject to the aforesaid regional and what have been claimed to be protective provisions selection from among the applicants from a particular community from one of the groups of districts used to be made on certain principles based on academic qualifications and marks obtained by the candidates In the case of the Medical Colleges, not less than 20 per cent. 2208, dated l6-6-1950, laying down rules for the selection of candidates for admission into the Medical Colleges substantially reproduces the communal proportion fixed in the old Communal G. Sri Srinivasan who had actually applied for admission into the Govt. praying for a writ of mandamus or any other writ restraining the State of Madras all officers thereof from enforcing, observing, maintaining or following the Communal G. in and by which admission into the Engineering College was sought to be regulated in such manner as to infringe and involve the violation of the fundamental right of the petnr. Srinivasan secured 369 marks out of a maximum of 450 marks. "(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.That consideration, however, was not obviously considered necessary in the case of admission into an educational institution and that may well be the reason for the omission from article 29 of a clause similar to clause (4) of article 16. This right is not to be denied to the citizen on grounds only of religion, race, caste, language or any of them.
On November 25, 1949, Dr BR Ambedkar sounded a grave warning in the Constituent Assembly: "On January 26, 1950, we will have equality in politics and inequality in social and economic life. In the peculiar circumstances, we do not consider it necessary to pursue this matter any further. by its judgment delivered on 27-7-1950 allowed this appln. He urges that article 46 charges the State with promoting with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and with protecting them from social injustice and all forms of exploitation.We must remove this contradiction at the earliest moment, or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up." To guard against such an explosion of discontent, the Preamble of the Constitution clearly spells out the objectives of securing "to all its citizens JUSTICE, social, economic and political" as well as "EQUALITY of status and of opportunity." In 1950, the year in which the Constitution came into operation, one Champakam Dorairajan, a Brahmin candidate, filed a petition for issuance of a Writ of mandamus restraining the (then composite) state of Madras from enforcing a communal Government Order that provided for reservation in electoral constituencies. It was this judgment that necessitated the Constitution First Amendment, which added Clause (4) to Article 15. had actually applied for admission in the Medical College. But we desire to guard ourselves against being understood as holding that we approve of a person who has not actually applied for admission into an educational Institution coming to Ct. It is pointed out that although this article finds a place in Part IV of the Constitution which lays down certain directive principles of State policy and though the provisions contained in that Part are not enforceable by any Court, the principles therein laid down are nevertheless fundamental for the governance of the country and article 37 makes it obligatory on the part of the State to apply those principles in making laws.