ns Nos 285 and 314 of 1970
Under Article 32 of the Constitution of India for enforcement of the Fundamental Rights
KK Venugopal and R Gopalakrishnan for the petitioner in WP No 285 of 1970
433 MNatesan R Gopalakrishnan for the petitioner in WP No 314 of 1970
SGovind Swaminathan Advocate General for the State of Tamil Nadu A V Rangam and section Mohan for respondents Nos 1 to 5 in WP No 285 of 1970 and the respondents in WP No 314 of 1970
M K Ramamurthi and Vineet Kumar for the interveners
The Judgment of the Court was delivered by Hegde J
In these two petitions under article 32 of the Con stitution the petitioners who unsuccessfully sought admission to certain Medical Colleges in the State of Tamil Nadu have asked for a writ of mandamus to direct the State of Tamil Nadu to allot to each one of them a seat in one of the Government Medical Colleges in that State and for consequential orders
In the State of Tamil Nadu there are eight Medical Colleges out of which three are situate in the city of Madras one in Madurai one in Chingleput one in Coimbatore one in Thanjavur and one in Tirunelveli
The total seats available in Madras Colleges are 500
The sanctioned strength of seats in Madurai Chingleput Coimbatore Thanjavur and Tirunelveli are 200 50 100 200 and 75 respectively
Thus the total number of medical seats available in the Government Colleges for 1st year of MBBS course in the State of Tamil Nadu are 1125
We understand that for these seats nearly 7000 students applied for admission
In the previous years except in the year 1967 68 selection of candidates for admission to the 1st year MBBS course was done on State wise basis
In the year 1967 68 the seats were distributed on district wise basis but that scheme was held to be invalid by this Court in Minor P Rajendran vs State of Madras and Ors1 Thereafter the selection was again made on State wise basis in the years 1968 69 and 1969 70 but in the current year that system was given up and selection was directed to be made on the basis of what is known as unitwise basis
Under the present scheme the Medical Colleges in the city of Madras were constituted as one unit and each one of the other Medical Colleges in the mofussil was constituted as a unit
Thus six units were created in the State
In respect of each one of the units a separate selection committee was constituted
The intending applicants were asked to apply to any one of the committees but they were advised to apply to the committee nearest to their place of residence as far as possible
They were told that if they applied to more than one committee their applications will be forwarded by the Government to only one of the committees
11968 2 section C R 786
434 A few seats out of the 1125 seats were reserved for certain special categories of students
As there is no dispute about those seats we shall not refer to them hereafter
Out of the remaining seats 41 per cent seats were reserved for students coming from socially and educationally backward classes Scheduled Castes  Scheduled Tribes
The rest of them were placed in the general pool
In the State of Tamil Nadu actual marks are not being given in the Pre University examination
The papers were valued on the basis of grades
There are all together four grades ie Grades A to D For the purpose of selection to first year MBBS course only marks obtained in the optional subjects were taken into consideration
Selection to the seats with which we are concerned in these petitions is confined to students who have taken in their Pre University examination Physics Chemistry and Biology as their optional subjects though each of these subjects carried a maximum of 100 marks thus a total of 300 marks for the purpose of selection to the first year MBBS course the procedure prescribed was to take the minimum marks provided for the grade secured by the applicant in Chemistry and
Physics and add them together and thereafter divide the total by two and to that add the minimum marks provided for the grade secured by the applicant in Biology
Thus the total marks in the optional subjects was reduced from 300 to 200
All the applicants in the general pool who secured 1 10 or more marks calculated on the basis of the formulae referred to earlier were called for interview by the selection committees
Selection committees were authorised to give a maximum of 75 marks at the interview
The selection committees were asked to award these marks on the basis of following tests
1 Sports or National Cadet Corps activities 2 Extra Curricular special services 3 General physical condition and endurance  4 General ability and 5 Aptitude
The selection committees were directed to prepare a gradation list on the basis of the total marks obtained by each applicant and submit the same to the Government
The petitioners before us appear to have had brilliant academic career
The facts mentioned by the petitioners in this regard were not controverted by the respondents
The petitioner in Petition No 285 of 1970 came out within first three ranks in the 10th and 11 th standards and in the final examination he secured 451 marks out of the total of 700
He Stood third in his school
43 5 Du ring his school career he had taken keen interest in extracurricular activities
He was a NCC Cadet and passed creditably the A  certificate examination
He had also obtained certificate in boxing
He had joined the correspondence course conducted by the Voice Prophecy Institute New Delhi and obtained a certificate in Health and Hygiene
After having passed his Anglo Indian High School examination creditably he joined Madurai college in the Pre University course taking Physics Chemistry and Biology as his science subjects
In that course he secured first class with Grade D plus in Physics and Chemistry and A plus in Biology
He stood fourth in his college
The grade D plus represents 85 to 99 per cent marks and A plus 65 to 75 per cent marks
The petitioner in Petition No 314 of 1970 passed her Pre University examination in March 1970 from the Scott Christian College Nagercoil which college stands affiliated to Madurai University
She secured first class with grade D  75 to 85 per cent marks in Physics grade D plus 85 to 99 per cent in Chemistry and D 75 to 85 per cent in Biology
The petitioner also had a brilliant career throughout in the High School classes as well as in the college class
She secured a merit card for the highest distinction consecutively for the years 1965 66 1966 67 and 1967 68 in Standards 8 to 10 of St Joseph s Convent Nager coil
In the SSLC examination held in March 1969 she secured 456 marks out of 600
She obtained distinction in extracurricular activities both in school and college
She had been a girl guide
She took keen interest in games and sports particularly in net ball throw ball and tenniquoit
She was a member of the Representative team
She also passed with merit the pianoforte playing Grade 1 examination conducted by the Trinity College of Music London
The petitioners before this Court challenged the validity of the selections made on various grounds
They contended that the unitwise selection contravenes articles 14 and 15 of the Constitution inasmuch as the same places the applicants of some of the units in a better position than those who applied to other units
It was alleged that the ratio between applicants and number of seats in the Coimbatore unit was 1  13 in Tirunelveli 1  10 in Chingleput 1  6 in the Madras 1  5 12  in Thanjavur 1  6 and in Madurai 1  71
It was further alleged that several applicants who secured lesser marks than the petitioners before this Court were selected merely because their applications came to be considered in other units
It was also alleged that this unitwise scheme was merely intended as a device to get over the decision of this Court in Rajendran s case
It was next contended on behalf of the petitioners that the interview held was a farce
11968 2 section C R 786
436 Each applicant was interviewed hardly for three minutes
During that interview irrelevant questions were put to them
The interview marks were manipulated so as to pull up under serving applicants and downgrade those who had secured excellent marks in their Pre University examination
It was said that a perusal of the marks list would show that the whole selection was a manipulation
The applicants who had failed more than once and ultimately secured bare second class were selected while the first rate applicants who had secured first class with high marks were rejected
It was urged on their behalf that even the students who get the minimum marks could be pulled up by the selection committee by plumping 70 or more out of 75 interview marks whereas the students who have secured 170 marks the highest marks that could have been secured under the admission rules in Pre University examination could be pulled down by giving less than 10 marks out of 75 marks
The petitioners  complaint is that after the interview the selection committee carried the marks given by them to Madras and there the Government has manipulated the marks in such a way as to select their favourites and reject such of them in whom the Government was not interested
It was also urged that no guidelineswere provided for awarding marks at the interview and therefore the power conferred on the selection committee is an arbitrary power which is capable of being misused and in fact has been misused
It was contended that the list of backward classes provided to the committee was solely made on the basis of caste and as such that list did not conform to the requirements of article 154 of the Constitution
The petitioners also urged that the reservation made for backward classes is disproportionately high and further the division of backward classes into backward classes and more backward classes was impermissible under law
We shall first take up the plea regarding the division of medical seats on unitwise basis
It is admitted that the minimum marks required for being selected in some unit is less than in the other units
Hence prima facie the scheme in question results in discrimination against some of the applicants
In Rajendran s case1 this Court ruled that the district wise distribution of available seats is violative of article 15 of the Constitution 
But it was Contended on behalf of the State that the unitwise distribution of seats was adopted for administrative convenience
It was said that it was not possible for one selection committee to interview all the applicants
Therefore several committees had to be constituted
In the past when applicants were interviewed by several committees there were complaints that the standard adopted by one committee differed from that adopted by others and therefore the applicants  ability was not tested by a uniform standard
Further 1  43 7 it was said that when selections were made by several committees there was delay in preparing a consolidated list
We are unable to accept these grounds as being real grounds for classification
The grievance when selections were made by several committees in a State wise selection the standard adopted by various committees differed would continue even when selections are made by several committees in a unitwise selection
Whether the selection is made by selection committees on State wise basis or unitwise basis the standard adopted by various committees is bound to vary
Hence in principle it makes no difference
Now coming to the question of delay we see no reason why there should be any delay in preparing a consolidated list
At any rate the delay caused is not likely to be such as to justify departure from the principle of selection on the basis of merit on a Statewise basis
Before a clasification can be justified it must be based on an objective criteria and further it must have reasonable nexus with the object intended to be achieved
The object intended to be achieved in the present case is to select the best candidates for being admitted to Medical Colleges
That object cannot be satisfactorily achieved by the method adopted
The complaint of the petitioners is that unitwise distribution of seats is but a different manifestation of the districtwise distribution sought in 1967 68 has some force though on the material on record we will not be justified in saying that the unitwise distribution was done for collateral purposes
Suffice it to say that the unitwise distribution of seats is violative of articles 14 and 15 of the Constitution
The fact that an applicant is free to apply to any one unit does not take the scheme outside the mischief of articles 14 and 15
It may be remembered that the students were advised as far as possible to apply to the unit nearest to their place of residence
Earmarking 75 marks out of 275 marks for interview as inter view marks prima facie appears to be excessive
It is not denied that the interview lasted hardly for three minutes for each candidate
In the course of three minutes interview it is hardly possible to assess the capability of a candidate
In most cases the first impression need not necessarily be the best impression
But under the existing conditions in this country we are unable to accede to the contention of the petitioners that the system of interview as in vogue in this country is so defective as to make it useless
It is true that various researches conducted in other countries particularly in USA show that there is possibility of serious errors creeping in interviews made on haphazard basis
C W Valentine on Psychology and its Bearing on Education  refers to the marks given to the same set of persons interviewed 438 by two different competent Boards and this is what is stated in his book  The members of each board awarded a mark to each candidate and then he was discussed and an average mark agreed on
When the orders of merit for the two boards were compared it was found that the man placed first by Board A was put 13th by Board B when the main placed 1st by Board B was 11th with Board A Even when the interviews are conducted by impartial and competent persons on scientific lines very many uncertain factors like the initial nervousness on the part of some candidates the mood in which the interviewer happens to be and the odd questions that may be put to the persons interviewed may all go to affect the result of the interview
But as observed by this Court in R Chitralekha and Anr
vs State of Mysore and Ors1
In the field of education there are divergent views as regards the mode of testing the capacity and calibre of students in the matter of admissions to colleges
Orthodox educationists stand by the marks obtained by a student in the annual examination
The modem trend of opinion insists upon other additional tests such as interview performance in extracurricular activities personality test psychiatric tests etc
Obviously we are not in a position to judge which method is pre ferable or which test is the correct one
If there can be manipulation or dishonesty in allotting marks at interviews there can equally be manipulation in the matter of awarding marks in the written examination
In the ultimate analysis whatever method is adopted its success depends on th e moral standards of the members constituting the selection committee and their sense of objectivity and devotion to duty
This criti cism is more a reflection on the examiners than on the system itself
The scheme of selection however perfect it may be on paper may be abused in practice Mat it is capable of abused is not a ground for quashing it
So long as the order lays down relevant objective criteria and entrusts the business of selection to qualified persons this Court cannot obviously have any say in the matter
 While we do feel that the marks allotted for interview  are on the high side and it may be appropriate for the Government to 1  439 re examine the question we are unable to uphold the contention that it was not within the power of the Government to provide such high marks for interview or that there was any arbitrary exercise of power
It was urged on behalf of the petitioners that the interview marks were allotted on collateral considerations
We are told that the selection committees were tools in the hands of the Government and the Government manipulated the marks in such a way as to facilitate the selection of those students in whom the members of the party in power were interested
These allegations were denied by the respondents
While elaborating their arguments on their plea of mala fides the learned Counsel for the petitioners invited our attention to the marks lists which according to them clearly showed that the marks given at the interview are by and large in inverse proportion to the marks obtained by the candidates at the University examination
We were also told that the marks lists on their face show that the interview marks were manipulated
It was said that marks were so given as to see that certain candidates got at least the minimum required for selection
While there is some basis for these criticisms there is not sufficient material before us from which we could conclude that there was any manipulation in preparing the gradation list
It is true that numerous students whose performance in the University examination was none too satisfactory nor their past records creditable had secured very high marks at the interview
It is also true that a large number of students who had secured very high marks in the University examination and whose performance in the earlier classes was very good had secured very low marks at the interview
This circumstance is undoubtedly disturbing but the courts cannot uphold the plea of mala fides on the basis of mere probabilities
We cannot believe that any responsible Government would stoop to manipulating marks
The selection committees consisted of eminent persons
Most of them are medical practitioners occupying responsible positions  in life
It would be a bad day for this country if such persons take to manipulation of marks
Hence we cannot accept the contention that the interview marks were manipulated either by the Government or by the selection committees
It was next urged that no objective criterion was fixed for interview
We are unable to accept this contention as well
I The selectors were asked to interview candidates on the basis of the five criteria prescribed to which we have made reference earlier
Those tests are sufficiently objective in character
Similar tests were held to be objective by this Court in Chitralekha s case1
It cannot be denied that extra curricular activities like sports NCC special services general physical condition and endurance and general ability are objective tests
The aptitude 1 19646 SCR 368
440 referred to in the rule in our opinion is aptitude for medical profession
It was next contended that separate marks had not been allotted for each one of the tests enumerated in the rule
A total of 75 interview marks were placed at the disposal of the selection committee and from out of those the committee could award marks according to its sweet will and pleasure
Such a power it was said is an arbitrary power
We were told that the entire 75 marks could have been given to a candidate even if he satisfied only one out of the five criterion prescribed
It is true that the rule did not prescribe separate marks for separate heads
But that in our opinion did not permit the selection committee to allot marks as it pleased
Each one of the tests prescribed had its own importance
As observed at footnote 20 at p 485 of American Jurisprudence Vol
15 that the interviewers need not record precise questions and answers when oral tests are used to appraise personality traits it is sufficient if the examiner s findings are recorded on the appraisal sheet according to the personal qualifications itemised for measure
A contention similar to those advanced by the petitioners came up for consideration before the Mysore High Court in D G Viswanath vs Chief Secretary of Mysore and Ors
Therein the court observed thus  It is true that Annexure IV does not specifically mention the marks allotted for each head
But from that circumstance it cannot be held that the Government had conferred an unguided power on the Committees
In the absence of specific allocation of marks for each head it must be presumed that the Government considered that each of the heads mentioned in Annexure IV as being equal in importance to any other
In other words we have to infer that the intention of the Government was that each one of those heads should carry 15th of the Interview marks
 We may note that the committee had not divided the interview marks under various heads nor were the marks given on itemised basis
The marks list produced before us shows that the marks were given in a lump
This is clearly illegal
The interview held was also vitiated for the reason that the selection committee took into consideration irrelevant matters and at the same time failed to take into consideration matters required to be taken into consideration
In the counter affidavit filed by the Chairman of the selection committee it was averred that in allotting interview marks the committee took into consideration AIR 1964 Mys132
441 qualities such as pleasant personality quick thinking etc
One of the extra curricular activities that the committee was required to take into consideration was NCC training
That was clearly an objective test but from the counter affidavit filed it appears that the committee did not think that it was sufficient if an applicant had good record as a cadet but according to it he must also know why he joined the NCC and what role NCC plays in the National life
These in our opinion are irrelevant considerations
Again the test like the physical condition and endurance can be best judged by a competent medical practitioner after a careful medical examination
It was in the very nature of things not possible for the selection committee though composed of eminent doctors to find out the physical condition and endurance by a mere look at the candidate
It is clear from the affidavit filed on behalf of the selection committees that at the time of interview much attention had not been given to the general ability which test include past performance of the applicants and the varied interest taken by them
From the facts placed before us it is clear that the candidates were not interviewed in accordance with the rules governing the interview
It was next urged that the classification of backward classes by the Government into backward classes and more backward classes was illegal and in support of that contention our attention was invited to the decision of this Court in M R Balaji and Ors
vs State of Mysore
It is unnecessary to go into that question because for the purpose of the present selection the backward classes were not sub divided into backward classes and more backward classes
What had happened is that the list of backward classes supplied to the selection committee showed that some of the communities are more backward than others but that list was prepared for the purpose of fee concession
For the purpose of the present selection all the classes shown therein were treated as backward classes
There is no basis for the contention that the reservation made for backward classes is excessive
We were dot told why it is excessive
Undoubtedly we should not forget that it is against the immediate interest of the Nation to exclude from the portals of our medical colleges qualified and competent students but then the immediate advantages of the Nation have to be harmonised with its long range interests
It cannot be denied that unaided many sections of the people in this country cannot compete with the advanced sections of the Nation
Advantages secured due to historical reasons should not be considered as fundamental rights
Nation s interest will be best served taking a long range view if the backward classes are helped to march forward and take their 11963 Supp
1 section C R 438
442 place in line with the advanced sections of the people
That is why in Balaji s case 1 this Court held that the total of reservations for backward classes scheduled castes and scheduled tribes should not ordinarily exceed 50 of the avail able seats
In the present case it is 41 
On the material before us we are unable to hold that the said reservation is excessive
Considerable arguments were advanced assailing the enumera tion of backward classes
It was said that the concerned list included only castes and not classes
The petitioners  case is that every one of the classes mentioned therein is in reality a caste
Hence that list cannot be sustained
In Balaji s case1 this Court held that though caste is a relevant factor in ascertaining a class for the purpose of article 154 a class cannot be constituted solely on the basis of caste
Gajendragadkar J as he then was speaking for the Court observed  That though castes in relation to Hindus may be a relevant factor to consider in determining the social backwardness of groups or classes of citizens it cannot be made the sole or the dominant test in that behalf Social backwardness is on the ultimate analysis the result of poverty to a very large extent
The classes of citizens who are deplorably poor automatically become socially backward
They do not enjoy a status in society I and have therefore to be content to take a backward seat
It is true that social backwardness which results from poverty is likely to be aggravated by considerations of caste to which the poor citizens may belong but that only shows the relevance of both caste and poverty in determining the backwardness of citizens
 In Chiterlekha s case2 this Court reiterated that the caste is a relevant circumstance in ascertaining the backwardness of a class
Further it was observed therein  While this Court has not excluded caste from ascertaining the backwardness of a class of citizens it has not made it one of the compelling circumstances affording a basis for the ascertainment of backwardness of a class
To put it differently the authority concerned may take caste into consideration in ascertaining the backwardness of a group of persons but if it does not its order will not be had on that account if it can ascer tain the backwardness of a group of persons on the basis of other relevant criteria
 The same view was expressed by this court in State of Andhra Pradesh and anr
vs P Sagar3
There in it was observed 1 1963 Supp 1 section C R 438
2  3 443 In the context in which it occurs the expression class  means a homogeneous section of the people grouped together because of certain likenesses or common traits and who are identifiable by some common attributes such as status rank occupation residence in a locality race religion and the like
In determining whether a particular section forms a class caste cannot be excluded altogether
But in the determination of a class a test solely based upon the caste or community cannot also be accepted
 A caste has always been recognised as a class
In construing the expression classes of His Majesty s subjects found in section 153 A of the Indian Penal Code Wassoodew J observed in Narayan Vasudev vs Emperor1
In my opinion the expression classes of His Majesty s subjects  in Section 153 A of the Code is used in restrictive sense as denoting a collection of individuals or groups bearing a common and exclusive designation and also possessing common and exclusive characteristics which may be associated with their original race or religion and that the term class  within that section carries with it the idea of numerical strength so large as could be grouped in a single homogeneous community In Paragraph 10 Chapter V of the Backward Classes Commission s Report it is observed  We tried to avoid caste but we find it difficult to ignore caste in the present prevailing conditions
We wish it were easy to dissociate caste from social backwardness at the present juncture
In modem times any body can take to any profession
The Brahman taking to tailoring does not become a tailor by caste nor is his social status lowered as a Brahman
A Brahman may be a seller of boots and shoes and yet his social status is not lowered thereby
Social backwardness therefore is not today due to the particular profession of a person but we cannot escape caste in considering the social backwardness in India
 In Paragraph II of that Report it is stated It is not wrong to assume that social backwardness has largely contributed to the educational backwardness of a large number of social groups Finally in Paragraph 13 the committee concludes with following observations  All this goes to Prove that social backwardness is mainly based on racial tribal caste and denominational differences 1 A I R1940 Bom
444 The validity of the impugned list of backward classes came up for consideration before this Court in Rajendran s case1 and this is what this Court observed therein The contention is that the list of socially and educationally backward classes for whom reservation is made under r 5 is nothing but a list of certain castes
Therefore reservation in favour of certain castes based only on caste considerations violates article 1 5  1  which prohibits discrimination on the ground of caste only
Now if the reservation in question had been based only on caste and had not taken into account the social and educational backwardness of the caste in question it would be violative of article 151
But it must not be forgotten that a caste is also a class of citizens and if the caste as a whole is socially and educationally backward reservation can be made in favour of such a caste on the ground that it is a socially and educationally backward class of citizens within the meaning of article 15 4  Rajendran s case1 is an authority for the proposition that the classification of backward classes on the basis of castes is within the purview of article 154 if those castes are shown to be socially and educationally backward
No further material has been placed before us to show that the reservation for backward classes with which we are herein concerned is not in accordance with article 154
There is no gain saying the fact the there are numerous castes in this country which are socially and educationally backward  To ignore their existence is to ignore the facts of life
Hence we are unable to uphold the contention that impugned reservation is not in accordance with article 15 4
But all the same the Government should not proceed on the basis that once a class is considered as a backward class it should continue to be back ward class for all times
Such an approach would defeat the very purpose of the reservation because once a class reaches a stage of progress which some modem writers call as take off stage then competition is necessary for their future progress
The Government should always keep under review the question of reservation of seats and only the classes which are really socially and educationally backward should be allowed to have the benefit of reservation
Reservation of seats should not be allowed to become a vested interest
The fact that candidate of backward classes have secured about 50 of the seats in the general pool does show that the time has come for a de novo comprehensive examination of the question
It must be remembered that the Government s decision in this regard is open to judicial review
1  445 For the reasons mentioned above we are of opinion that the selections impugned in these petitions cannot be held to have been made validly inasmuch as the seats were distributed on unitwise basis and further that the interviews were not held in accordance with the rules
But despite coming to that conclusion we are unable to set aside the selections already made
The selected candidates have not been made parties to these petitions
They have already joined the course and are undergoing training
Their selection cannot be set aside without giving them an opportunity to put forward their case
It is true that the petitioners had filed applications to premit them to have recourse to O 1 r 8
CPC for the representation of the persons interested in opposing these applications but no order has been passed on those applications and it is now too late to have recourse to that procedure even if that procedure is permissible under law
We are told by the learned Advocate General of Tamil Nadu that 24 seats still remain to be filled up
He has assured us on behalf of the State that those seats will be filled up in accordance with the orders of this Court
There are about 80 persons who we are told are in the waiting list
Some of the unsuccessful applicants had moved the High Court of Madras for relief similar to that sought by the petitioners herein
But it appears their writ petitions have been dismissed
Some out of them have intervened in these petitions
Other non selected candidates have evinced no interest in chal lenging the selections made
Under the circumstances it is reasonable to assume that they have abandoned their claim and it is too late for them to press their claim
Under these circumstances after discussion with the Counsel for the parties we have come to the conclusion that these petitions should be allowed subject to the following conditions  The State of Tamil Nadu shall immediately constitute a sepa rate expert committee consisting of eminent medical practitioners excluding all those who were members of the previous committees for selection to the 24 unfilled seats
The selection shall be made on Statewise basis
The committee shall interview only the candidates who are show in the waiting list the persons who unsuccessfully moved the High Court of Madras and the two petitioners before this Court
They shall allot separate marks under the five heads mentioned in the rule
The committee shall take into consideration only matters laid down in the rule exclude from consideration all irrelevant matters and thereafter prepare a gradation list to fill up the 24 seats mentioned earlier
It is ordered accordingly
We think this is a fit case where the petitioners should get their costs from the State of Tamil Nadu


Summary:
In 1970 71 selection of candidates to various medical colleges in the State of Tamil Nadu was done on the unit wise  basis
Under that scheme the medical colleges in the city of Madras were constituted as one unit and each of the other medical colleges in the mofussil was constituted as a unit
In respect of each one of the units a separate selection committee was constituted
The intending applicants were asked to apply to any one of the committees but were advised to apply to the committee nearest to their place of residence and if they applied to more than one committee their applications were to be forwarded by the Government to only one of the committees
A few seats were reserved to certain special categories of students and out of the remaining seats 41 per cent were reserved for students coming from socially and educationally backward classes scheduled castes and scheduled tribes and the rest were placed in the general pool
All the applicants in the general pool who secured 110 or more marks out of 200 calculated according to a certain formula were called for interview and selection committees were authorised to give in addition a maximum of 75 marks at the interview
The award of these marks was on the basis of the following five criteria namely a Sports or NCC activities  b extra curricular special services c general physical condition and endurance d general ability and e aptitude
The gradation list prepared by the selection committee was to be submitted to the Government
The petitioners who unsuccessfully sought admission to the medical colleges in the State challenged the validity of the selections made
They contended that  1 The unitwise selection contravened articles 14 and 15 of the Constitution because a the applicants of some of the units were in a better position than those who applied to other units since the ratio between the applicants and the number of seats in each unit varied and several applicants who secured lesser marks than the petitioners were selected merely because their applications came to be considered in other units and b the scheme was merely intended as a device to get over the decision of this Court in Rajendran vs State of Madras   2 the interview was a farce because it Was held for only three minutes and no guidelines we re provided for the award of marks at the interview and earmarking for interview marks 75 out of the total of 275 was excessive 3 the interview marks were manipulated both by the selection committee and the Government in order to pull up undeserving applicants 4 the list of backward classes was solely made on the basis 431 of caste and therefore did not conform to article 154 of the Constitution 5 the reservation made for backward classes was disproportionately high and 6 the division of backward classes into backward classes and more backward classes was impermissible under law
HELD  1 a The object intended to be achieved in the present case is to select the best candidates for being admitted to medical colleges
This object cannot be satisfactorily achieved by the method adopted
It is admitted that the minimum marks required for being selected in some units is less than in other units
Hence prima facie the scheme in question results in discrimination
The plea of delay in selection on State wise basis is neither real nor substantial
436 F G 437 C D bThe unitwise distribution of seats appears to be a different manifestation of the district wise distribution which was struck down by this Court in Rajendran s case
437 D E 2In the course of three minutes interview it is hardly possible to the capability of a candidate sincethe first impression need not necessarily be the best impression
But it cannot be held that the system of interview is so defective as to make it useless or that the Government has no power to provide such high marks for interview or that there was an arbitrary exercise of the power
437 G H 438 H 439 A It is true that the rule did not prescribe separate marks for the separate heads but it must be presumed that the Government considered that each of the heads mentioned as being of equal importance and that the intention was that each of those heads should carry 115 of the interview marks
440 B G Since the marks list as prepared in the present case shows that the marks were given in a lump it was clearly illegal
440 F G Chitralekha vs State of Mysore   followed
Viswasnath vs Chief Secretary Mysore AIR 1964 Mys
132 approved
The tests relating to the various matters for allotting interview marks
are objective tests
The aptitude referred to in the rule is aptitude for the medical profession but in this case certain irrelevant matters were taken into consideration and relevant matters were omitted
439 H 440 A 441 A B C D 3There is no material for concluding that there was any manipulation of marks
Numerous students whose performance in the university examination was none too satisfactory nor their past records creditable have secured very high marks at the interview and a large number of students whose performance in the University examination was very good secured very low marks at the interview
This circumstance is undoubtedly disturbing but the courts cannot uphold the plea of mala fides on the basis of mere probabilities 439 C F 4The list of backward classes appears to include castes and not classes
But caste is a relevant circumstance in ascertaining backwardness of a class and a classification of backward classes on the basis of caste is within the purview of article 154 of the Constitution if those castes are shown to be socially and educationally backward
But the Government could not proceed on the basis once a class is considered as a backward class it should continue to be a backward class for all time because once a class reaches a certain stage of progress competi 432 tion is necessary for its future progress
The Government should therefore always keep under review the question of reservation of seats and only those classes which are really socially and educationally backward should be allowed to have the benefit of reservation
Reservation of seats should not be allowed to become a vested interest and the fact that in the present case the candidate of backward classes had secured 50 per cent of the seats in the general pool does show that the time has come for a de novo comprehensive examination of the question
The Government s decision in this regard is open to judicial review
442 B C 444 E H Balaji vs State of Mysore 1963 Supp 1 SCR 438 Chitralekha vs State of Mysore   State of Andhra Pradesh vs Sagar  Minor P Rajendran vs State of Madras   Narayan Vasudev vs Emperor AIR 1940 Bom
379 and Backward Classes Commission s Report referred to
5There is no basis for the contention that reservation made for backward classes is excessive
While it is against the immediate interest of the Nation to exclude from the portals of our medical colleges qualified and competent students immediate advantages of the Nation have to be harmonised with the Nation s long range interest
The best way of serving the Nation s interest would to help the backward classes to march forward and take their place in line with the advanced sections of the people
In Balaji s case it was held that the total reservation for backward classes scheduled castes and scheduled tribes should not ordinarily exceed 50 per cent of the available seats
Since in the present case it was only 41 per cent it could not be held that the reservation was excessive
441 E H 442 A B 6For the purpose of selection there is no classification of backward classes as backward and more backward
The list sent to the selection committee was that prepared for the purpose of fee concession
441 F In the present case however the impugned selections already made could not be set aside because the selected candidates had already joined the course and are undergoing training and they had not been made parties to the petitions
Since there are 24 seats yet to be filled up the State shall immediately constitute a separate expert committee consisting of eminent medical practitioners excluding all those who were members of previous committees for selection to these unfilled seats
The selection should be made on State wise basis
The committee should interview only those candidates who are shown in the waiting list and persons who unsuccessfully moved the High Court and the petitioners before this Court
in preparing the gradation list the committee should allot separate marks under the five heads mentioned in the rule and the committee should take into consideration only matters laid down in the rule excluding from consideration all irrelevant matters
445 B H