ions Nos 130  133 of 1962
Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights
section K Venkatarangaiengar and R Gopalakrishnan for the Petitioners In both the Petitions
P D Menon for the Respondents In both the Petitions
November 5
The judgment of the Court was delivered by GAJENDRAGADKARJ These two writ petitions Nos130 of 1962 and 133 of 1962 have been filed by Heggade
Janardhan Subbarye and Ravindra Prabhu respectively hereinafter called the petitioners under article 32 of the Constitution challenging the validity of the orders issued by respondent No 1 the State of  Mysore under article 154 of the Constitution on July 10 1961 and July 31 1962 respectively
Both the petitioners had applied for admission to the pre Professional Class in Medicine in the Karnatak Medical College Hubli and the applications had been submitted to respondent No 2 the Selection Committee appointed in that behalf by respondent No 1
According to the petitioners they would have secured admission to the said Medical College but for the reservation directed to be made by the two impugned orders
They alleged that the orders were ultra vires and so they prayed for an appropriate writ or order restraining the respondents from giving effect to the said orders and requiring them to deal
with the petitioners  applications on the merits
477 The points raised by the present petitions are covered by the decision of this Court in the case of MR Balaji vs State of Mysore1 and so it is common ground that the petitioners are entitled to an appropriate writ or order as claimed by them
Learned counsel for the respondents however drew our attention to the fact that as a result of the decision of this Court in the case of M R Balaji 1 respondent No 1 was feeling some doubt as to whether the reservation made by the impugned orders in respect of the Scheduled Castes and the Scheduled Tribes was also struck down by this Court
As the judgment shows respondent No 1 has consistently fixed the percentage of reservation in respect of the Scheduled Castes and the Scheduled Tribes at 15 and 3 respectively
Five orders have been passed by respondent No 1 one after the other under article 154 but the reservation fixed for the Scheduled Castes and the Scheduled Tribes has always remained the same
It is true that the judgment of this Court does not expressly say that the validity of the said reservation was not assailed before this Court and cannot therefore be deemed to have been affected by the decision
However as the judgment shows the only attack against the validity of the impugned orders was directed against the additional reservation made in favour of the socially and educationally Backward Classes of citizens in the State
The petitions filed in the said cases were confined to the said reservation and during the course of the arguments before this Court it was not suggested by the petitioners  learned counsel that the reservation made in favour of the Scheduled Castes and Tribes was in any manner irregular or not justified by article 154
This position is not disputed by the petitioners  learned counsel before us
Therefore we think that in order to avoid any doubt in the matter it is necessary to make it clear that our judgment in that case does not affect the 1 1963 supp
1 section C R 439
478 validity of the said reservation which is distinct and separate from and independent of the other reservation which was challenged
The said reservation continues to be operative and the fact that the impugned orders have been quashed does not alter that position
The said orders have been quashed solely by reference to the additional reservation made by the impugned orders in regard to the socially and educationally Backward Classes and so respondent No 1 would be justified in giving effect to the reservation made in respect of the Scheduled Castes and Scheduled Tribes
In the result we allowed the petitions and direct that an appropriate writ or order should be issued  restraining the respondents from giving effect to the two impugned orders
In the circumstances of these cases we direct that the petitioners should get from the respondents costs incurred by them except the hearing fee
Petitions allowed


Summary:
The petitioners challenged the validity of the orders issued by the State of Mysore under article 134 of the Constitution on July 10 1961 and July 31 1962
The petitioners contended that they had applied for admission to the Pre Professional Class in Medicine in the Karnatak Medical College Hubli and they would have secured admission to the said medical college but for the reservation directed to be made by the orders mentioned above
They contended that the above mentioned orders were ultra vires
They prayed for an appropriate writ or order restraining the respondents from giving effect to those orders and requiring them to deal with their applications for admission on merits
Held that the petitioners were entitled to an appropriate writ or order as claimed by them and the respondents were restrained from giving effect to the above mentioned orders
M R Balaji vs State of Mysore 1963 Supp 1 SCR 439 followed
The impugned orders we quashed only with reference to the additional reservation made in favour of the socially and 476 educationally backward classes and so the respondents were at liberty to give effect to the reservation made in favour of the  Scheduled Castes and Scheduled Tribes which was not challenged at all
The said reservation continues to be operative