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.
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
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. Sri Srinivasan who had actually applied for admission into the Government Engineering College at Guindy, filed a petition praying for a writ of mandamus or any other writ restraining the State of Madras and all officers thereof from enforcing, observing, maintaining or following the Communal G.O. 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 petitioner under