n No 1596 of 1975
TS Krishnamoorthy Iyer and P Kesva Pillai for the peti tioners
M M Abdul Khadir MK Mustapha and KP Nambiar for the respondents
The Judgment of the Court was delivered by RAY CJ
The first petitioner is the minor daughter of the second Petitioner
The petitioners in this writ peti tion challenge the Government Order dated 2 May 1966 on the ground that it offends Article 154 of the Constitution
The petitioners also ask for an order directing the respond ents viz the State and the
Principal of the Medical College at Trivandrum to allot a seat to the first petition er
The first petitioner applied for admission to the MBBS Course for 1975 76 in one of the Medical Colleges at Trivandrum in the State of Kerala
Clause 8 sub clause vi in the prospectus for commission provided among other things that the applicant should produce certificate of community and income from all sources in the prescribed form in the case of candidates
belonging to the communities recognised by the Government as socially and educationally backward classes
The petitioner produced the certificate from the Tahsil dar showing that the total income of her family from all sources is Rs 11752for the year 1975 76 and that she is an Ezhava
The minimum marks prescribed for admission for candi dates belonging to Ezhava community in the State is 363 in the optional subjects of Physics Chemistry and Biology
The petitioner obtained 372 marks
The petitioner alleges that the list of candidates belonging to the EzhavaThiyya community selected for the seats reserved to them under Article 154 of the Constitution was published on 10 Octo ber 1975 and the first petitioner was not selected though candidates belonging to Ezhava community who had obtained less marks than the first petitioner had been selected
The petitioners further allege that the list shows that candi dates No 6 to 27 obtained marks ranging between 371 and 357
The Principal Medical College sent a Memorandum to the first petitioner that as the income exceeds Rs 10000 her case cannot be considered under reservation scheme
196 Clause 11 of the prospectus for 1975 76 for admission to MBBS Course in Medical Colleges in the State is as follows  11
Selection for admission reservation for section CsS Ts Socially and educationally back ward Class and reservation on regional basis  Selection of candidates will be on the basis of merits as laid down in CRRt 136170 Health dated 1861970 and DO Ms MO No 21671 Health dated 671971 and subject to the provisions con tained in GDP 20866Edn
dated 251966 and subsequent orders of the Government regarding reservation for Scheduled Castes and Scheduled Tribes and other socially and educationally back ward class reservation for Malabar and Travanco reCochin area etc
The decision of the Govern ment and matters concerning admission shall be final
 On 2 May 1966 the State Government issued an order inter alia that only applicants who are members of families consisting of Ezhavas whose aggregate annual income is below Rs 6000 would be entitled to admission to the seats reserved for students belonging to the socially and educationally backward class
It should be stated here that the said order of the State Government came to be issued on the consideration of the report of the Commission appointed by the State to enquire into the social and educa tional conditions of the people and report as to what sec tions of the people in the State of Kerala should be treat ed as socially and educationally backward classes
The Commission assumed office on 14 July 1964 and submitted its report on 31 December 1965
The recommenda tion of the Commission was that only citizens who are members of families which have an aggregate income of less than Rs 4200 per annum and which belong to the castes and communities mentioned in Appendix VIII constitute so cially and educationally backward classes for purposes of Article 154
When the Government passed the order on 2 May 1966 the Government order stated inter alia as follows  After the Commission collected data for its report the cost of living has risen further and the income tax exemption limit has been raised
Having regard to the current cost of mainte nance of a student in a professional or technical institu tion Government consider that the income limit of Rs 4200 suggested by the Commission should appropriately be raised to Rs 6000 per annum
In the circumstances the Government accepted the above recommendation subject to
the modification that only citizens who are members of families which have an aggregate income of less than Rs 6000 per annum and which belong to the castes and communities men tioned in the annexure to this Government Order will consti tute socially and educationally backward classes for pur poses of Article 154
The order of the Government dated 2 May 1966 was chal lenged in the Kerala High Court
The learned Single Judge quashed the Government Order by decision dated 24 February 1975 reported in 197 AIR 1975 Kerala 131
The State filed an appeal
The validity of the Government Order dated 2 May 1966 was upheld by the Kerala High Court
The decision of the High Court dated 14 July 1975 reversing the Judgment of the learned Single Judge is reported in 1975 Kerala Law Times 851 State of Kerala vs Krishna Kumari1 The High Court held that the Commission had material before it
It is not for the court to weigh the evidence
The question is wheth er the approach made by the Commission is correct
The High Court held that economic backwardness plays a part in social backwardness and in educational backwardness
Pover ty or economic standard is a relevant factor
Economic backwardness contributes to social backwardness
On 2 September 1975 the State Government passed an order which inter alia states as follows  After the issuance of the Government Order the cost of living has risen further and the income tax exemption limit has been raised
Having regard to the current cost of maintenance of a student in a professional or technical institution Government consider that the income limit of Rs 6000prescribed in the Government Order should be appropriately raised
In the circumstances Government are pleased to enhance the income limit of Rs 6000 prescribed to
Rs 10000 per annum with effect from the academic year 1975 76 The petitioners contended that there is no reason to exclude an insignificant part of the community on the basis of income alone
The petitioners emphasised that if the socially and educationally backward classes are set out in the Annexure income cannot be the criterion of admission to determine the benefit of Article 154
The contention of the State is that the Government Order dated 2 May 1966 is not in violation of Article 154 because the expression backward class in Article 154 is not used as Synonymous with backward caste or backward community
The members of an entire caste or community may in social economic and educational scale of values at a given time be backward and may on that account be treated as a backward class
The reason is that they are treated as socially and educationally backward not because they are members of a caste or community but because they form a class
Backward classes for whose improvement special provi sions are contemplated by Article 154 are in the matter of their backwardness comparable to Scheduled Castes and Scheduled Tribes
This Court has emphasised in decisions that the backwardness under Article 15 4 must be both social and educational
In ascertaining social backwardness of a class of citizens the caste of a citizen cannot be the sole or dominant test
Just as caste is not the sole or dominant test similarly poverty is not the decisive and determining factor of social backwardness
1 1975 Kerala Law Times 851
198 The Report of the Commission for reservation of seats in educational institutions found on applying the relevant test that the lower income group of the communities named in Appendix VIII of the Report constitute the socially and educationally backward classes and they are identified as those whose family income is below the specified limit
The basis of the reservation is not income but social and educational backwardness
The object of the reservation under Article 154 is to recognise the factual existence of socially and educational ly backward classes in our country and to make a sincere attempt to promote the welfare of the weaker sections of the community
Article 154 gives effect to this principle
The concept of backwardness in Article 154 is not intended to be relative in the sense that classes who are backward in relation to the most advanced classes of society should be included in it
The Commission found that the rich people in _he backward communities even though they have not acquired any high level of education are able to move in society today without being discriminated socially
The Commission fur ther found that the benefit of the existing reservation of seats in educational institutions in favour of the Ezhavas and other backward communities is today enjoyed by the rich people of the type mentioned above
Further evidence before the Commission was that the wealthy sections do not at present have any caste or communal disabilities worth mentioning and are not socially backward
The Commission found that the benefit of the present system of reservation based solely on caste or community is to a considerable extent being enjoyed by the wealthy sections to the preju dice of the poorer sections
The Commission therefore found that consideration of a means rum castecommunity test should be adopted for the classification so as to take in the poor and deserving sections and exclude the wealthier sections
The Commission examined occupational test and found that all the persons belonging to a particular caste or community may not now be following its traditional occupation but most of the persons who pursue any of those occupations belong to the caste or community whose traditional occupa tion it is
The Commission found that in such cases very often persons following the traditional occupation will be closely related to persons who are pursuing occupations to which there is no social stigma
In such eases on account of the near relationship of the persons following the traditional occupation to the other persons and their casteCommunal associations the stigma affects even the persons not following these traditional occupations
The Commission found that it is only the lower income group which is affected by  the stigma
The Commission found that changes occur at short intervals and therefore identifica tion of persons occupation wiSe becomes more difficult in their case
The Commission referred to the habitational test
The Commission expressed the opinion that there are no great social differences in the State merely on account of places of  residence
Complete and 199 reliable tests on the subject were not available to the Commission to compare the people of the Malabar area to
that of TravancoreCochin area The Commission howev er said that Malabar is educationally backward compared to Travancore Cochin area
As regards educational backwardness of the classes of citizens the Commission found that the State average of the students in the last of the High School classes can safely be taken as one of the elements of the composite test for ascertaining educational backwardness
The Commission treated as backward the communities which have an abnormal fail out
In such cases if their educational backwardness is established by the total absence of any student from the community the lower income group is included among the socially and educationally backward classes on being satis fied of their social backwardness
Social backwardness can contribute to educational backwardness and educational backwardness may perpetuate social backwardness
Both are often no more than the inevitable corollaries of the extremes of poverty and the deadening weight of custom and tradition
The Commission applied the tests for educational back wardness test of habitation necessity for a means cum castecommunity test the income level for the means cum castecommunity test and came to the conclusion that citi zens in the State of Kerala who are members of families which have an aggregate income of less than Rs 4200per annum from all sources and which belong to castes or commu nities mentioned in Appendix VIII constitute socially and educationally backward Classes for purposes of Article 154
The Commission found that generally the members of the castes and communities mentioned in Appendix VIII are educationally backward and that the lower income groups which have an aggregate income of less than Rs 4200 per annum are socially backward also
The lower income group of these castes and communities belongs in the opinion of the Commission to classes of citizen who are both socially and educationally backward
In ascertaining social backwardness of a class of citizens it may not be irrelevant to consider the caste of the group of citizens
Caste cannot however be made the sole or dominant test
Social backwardness is in the ulti mate analysis the result of poverty to a large extent
Social backwardness which results from poverty is likely to be aggravated by considerations of their caste
This shows the relevance of both caste and poverty in determining the backwardness of citizens
Poverty by itself is not the determining factor of social backwardness
Poverty is relevant in the context of social backwardness
The Com mission found that the lower income group constitutes so cially and educationally backward classes
The basis of the reservation is not income but social and educational backwardness determined on the basis of relevant crite ria
If any classification of backWard classes of citizens is based solely on the caste of the citizen it will perpetu ate the vice of caste system
Again if the classifica tion is based solely 200 on poverty it will not be logical
The society is taking steps for uplift of the people
In such a task groups or classes who are socially and educationally backward are helped by the society
That is the philosophy of our Con stitution
It is in this context that social backwardness which results from poverty is likely to be magnified by caste considerations
Occupations place of habitation may also be relevant factors in determining who are socially and educationally backward classes
Social and economic consid erations come into operation in solving the problem and evolving the proper criteria of determining which classes are socially and educationally backward
That is why our Constitution provided for special consideration socially and educationally backward classes of citizens as also
Scheduled Castes and Tribes
It is only by directing the society and the State to offer them all facilities for social and educational uplift that the problem is solved
It is in that context that the Commission in the present case found that income of the classes of citizens mentioned in Appendix VIII was a relevant factor in determining their social and educational backwardness
The problem of determining who are socially and educa tionally backward classes is undoubtedly not simple
Socio logical and economic considerations come into play in evolv ing proper criteria for its determination
This is the function of the State
The Court s jurisdiction is to decide whether the tests applied are valid
If it appears that tests applied are proper and valid the classification of socially and educationally backward classes
based on the tests will have to be consistent with the requirements of Article 154
The Commission has found on applying the relevant tests that the lower income group of the communi ties named in Appendix VIII of the Report constitute the socially and educationally backward classes
In dealing with the question as to whether any class of citizens is socially backward or not it may not be irrelevant to con sider the caste of the said group of citizens
It is neces sary to remember that special provision is contemplated for classes of citizens and not for individual citizens as such and so though the caste of the group of citizen may be relevant its importance should not be exaggerated
If the classification is based solely on caste of the citizen it may not be logical
Social backwardness is the result of poverty to a very large extent
Caste and poverty are both relevant for determining the backwardness
But neither caste alone nor poverty alone will be the determining tests
When the Commission has determined a class to be socially and educationally backward it is not on the basis of income alone and the determination is based on the relevant crite ria laid down by the Court
Evidence and material are placed before the Commission
Article 154 which speaks of back wardness of classes of citizens indicates that the accent is on classes of citizens
Article 154 also speaks of Sched uled Castes and Scheduled Tribes
Therefore socially and educationally backward classes of citizens in Article 154 cannot be equated with castes
In R Chitralekha  Anr
vs State of Mysore  Ors1 this 1  201 Court said that the classification of backward classes based on economic conditions and occupations does not offend Article 154
The different castes that have been described in Appen dix VIII to the Commission s Report  have not been accepted by the Commission as embodying the group of socially and educationaly backward classes of people
Only those among the members of the castes mentioned in Appendix VIII whose economic means was below that stated by the Commission were treated as socially and educationally backward
The educa tional backwardness is reflected to a certain extent by the economic conditions of the group
For the foregoing reasons the petition is dismissed
Parties will pay and bear their own costs
PBR Petition dis missed


Summary:
A Commission appointed by the State Government to en quire into the social and educational Conditions of the people in the State and to recommend as to what sections should be treated as socially and educationally backward classes found that the benefit then in vogue relating to the reservation in educational institutions of seats based solely on caste or community was being enjoyed by the rich among the backward communities and found that the lower income groups of certain communities constituted the social ly and educationally backward classes
it therefore recommended adoption of a means cum caste community test for the classification so as to take in poor and deserv ing sections and exclude the wealthier sections
The State Government accordingly stipulated that applicants who are members of certain communities and whose family income was below Rs 10000 per annum would only be entitled to seats reserved for those students The petitioner who belonged to one of the socially and educationally backward classes submitted a certificate of annual income of the family to be above Rs 11000  as a result of which her candidature could not be considered under the reservation scheme for a seat in the Medical College
In a writ petition under article 32 of the Constitution it was contended that there was no reason to exclude an insignificant part of the community on the basis of income alone and that the income could not be the criterion of admission to determine the benefit of article 154
Dismissing the writ petition HELD The basis of the reservation is not income but social and educational backwardness
Backward classes for whose umprovement special provisions are contemplated by article 154 are in the matter of their backwardness compara ble to Scheduled Castes and Scheduled Tribes
Backwardness under article 154 must be both social and educational
In ascertaining social backwardness of a class of citizensthe aste of a citizen cannot be the sole or dominant test
Just as caste is not the sole or dominant test similarly poverty is not the decisive and determining factor of social back wardness
197 G H The object of the reservation under article 154 is to recog nise the factual existence of socially and educationally backward classes in the country and to make a sincere at tempt to promote the welfare of the weaker sections of the community
Article 154 gives effect to this principle
The concept of backwardness in article 154 is not intended to be relative in the sense that classes who are backward in relation to the most advanced classes of society should be included in it
198 B C In ascertaining social backwardness of a class of citi zens it may not be irrelevant to consider the caste of the group of citizens
Caste cannot however be made the whole or dominant test
Social backwardness is in the ultimate analysis the result of poverty to a large extent
Social backwardness which results from poverty is likely to be aggravated by considerations of caste
This shows the relevance of both caste and poverty in determining the backwardness of citizens
In evolving proper criteria for determining the socially and educationally backward classes sociological and economic considerations come into play
This determination is the function of the State
The Courts jurisdiction is to decide whether the tests applied are valid
In dealing with the question as to whether any class of citizens is socially backward or not it may not be irrelevant to consider the caste of the said group of citi zens
Special provision is contemplated for classes of citizens and not for individual citizens as such 195 and so
though the caste of the group of citizens may be relevant its importance should not be exaggerated
If the classification is based solely on caste of the citizen it may not be logical
When the Commission had determined a class to be socially and educationally backward it was not on the basis of income alone and the determination was based on the relevant criteria laid down by this Court
Article 154 which speaks of backwardness of classes of citizens indicates that the accent is on the classes of citizens
Article 154 also speaks of Scheduled Castes and Scheduled Tribes
Therefore socially and educationally backward classes of citizens in article 154 cannot be equated with castes
199 G 200 D H R Chitralekha  Anr
vs State of Mysore  Ors  referred to