V.K.T. Chari, Advocate-General, Madras (R. Ganapathy Iyer, with him) for the appellant.
Aliadi Krishnaswami Aiyar (Alladi Kuppuswami Aiyar, with him) for the respondents.
1951, April 9. The Judgment of the Court was delivered by DAS J. --This judgment covers both Case No. 9.70 of 1951 (State of Madras v. Srimathi Champakam Dorairajan) and Case No. 271 of 1951 (State of Madras v. C.R. Srinivasan) which are appeals from the judgment passed by the High Court of Judicature at Madras on July 27, 1950, on two separate applications under article 226 of the Constitution complain- ing of breach of the petitioners' fundamental right to get admission into educational institutions maintained by the State.
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. 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 visa vis the men candidates in accordance with the general principles governing such 528 admissions as laid down in those rules. It appears that the proportion fixed in the old Communal G.O. has been adhered to even after the commencement of the Constitution on Janu- ary 26, 1950. Indeed, G.O. No. 2208, dated June 16, 1950, laying down rules for the selection of candidates for admis- sion into the Medical Colleges substantially reproduces the communal proportion fixed in the old Communal G.O. On June 7, 1950, Srimathi Champakam Doratrajan made an application to the High Court of Judicature at Madras under article 226 of the Constitution for protection of her funda- mental rights under article 15 (1) and article 29 (2) of the Constitution and prayed for the issue of a writ of mandamus or other suitable prerogative writ restraining the State of Madras and all officers and subordinates thereof from en- forcing, observing, maintaining or following or requiring the enforcement, observance, maintenance or following by the authorities concerned of the notification or order generally referred to as the Communal G.O. in and by which admissions into the Madras Medical Colleges were sought or purported to be regulated in such manner as to infringe and involve the violation of her fundamental rights. From the affidavit filed in support of her petition, it does not appear that the petitioner had actually applied for admission in the Medical College. She states that on inquiry she came to know that she would not be admitted to the College as she belonged to the Brahmin community. No objection, however, was taken to the maintainability of her petition on the ground of absence of any actual application for admission made by her. On the contrary, we have been told that the State had agreed to reserve a seat for her, should her application before the High Court succeed. In the peculiar circumstances, we do not consider it necessary to pursue this matter any further. 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 Court complaining of infringement of any fundamental right 529 under article 29 (2). The High Court by its judgment deliv- ered on July 27, 1950, allowed this application of Srimathi Champakam Dorairajan. The State of Madras has now come up before us on appeal which has been numbered Case No. 270 of 1951.