Nanda Kishore Sharma v. State Of Bihar — 1964 DIGILAW 193 (PAT)

Judgment 1. In this case the petitioner has applied for grant of a writ in the nature of mandamus under Article 226 of the Constitution commanding the opposite party not to give effect to the orders of the Government of Bihar contained in letters Nos. 2M-173/49-A-7079 dated the 25th July, 1951 and III/S/2-1028/51A-1883 D dated the 28th February, 1952, which are Annexures C and C-1 respectively to the supplementary affidavit, and also in letter No. 16443 dated the 21st May, 1960 from the State Government of Bihar to the Principal, Darbhanga Medical College with regard to reservation of seats so far as "backward classes" are concerned for admission to the Darbhanga Medical College. 2. The case of the petitioner is that he has passed B.Sc. Part I examination of the Bihar University with Physics, Chemistry and Biology and has secured 45.60 per cent marks. The petitioner alleges that he has the qualification necessary for admission to the first year class of Darbhanga Medical College, but in view of the directions of the State Government contained in the letters already referred to, the petitioner apprehends that candidates less meritorious than him belonging to backward classes will be admitted to the Darbhanga Medical College. The grievance of the petitioner is that the orders of the State Government violate the guarantee under Article 15 of the Constitution and the classification by the State Government of socially backward classes only on consideration of caste without regard to other factors was an infirmity which was fatal to the validity of the classification under Article 15 of the Constitution. 3. When the application was originally heard, learned counsel for the petitioner could only produce the letter of the State Government No. 16443 dated the 21st May, 1960 addressed to the Principal, Darbhauga Medical College with regard to the reservation of seats as follows; "(1) Girls .... 80 (2) Scheduled Castes .... 12 (3) Scheduled Tribes .... 10 (4) Backward Classes .... 15 (5) General .... 83 ---- 150" The petitioner has now filed a supplementary affidavit enclosing the, letter of the State Government No. 2M-173/49-A-7079 dated the 25th July, 1951 and No. III/S/2-1028/51A-1883D dated the 28th February, 1952 containing a list of socially and educationally backward classes of Bihar. 4. Cause has been shown by the learned Standing Counsel on behalf of the respondents to whom notice of the rule was ordered to be given. 5. 4. Cause has been shown by the learned Standing Counsel on behalf of the respondents to whom notice of the rule was ordered to be given. 5. Having heard learned counsel for the parties we are satisfied that the present case falls within the principle laid down by the Supreme Court in M. R. Balaji V/s. State of Mysore, AIR 1963 SC 649 in which it was pointed out by the Supreme Court that backwardness under Article 15(4) must be social and educational. It is not either social or educational, but it is both social and educational. 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 citizens. It is, however, necessary to bear in mind that the special provision is contemplated for classes of citizens and not for individual citizens as such and so though the caste of the group of citizens may be relevant, its importance should not be exaggerated. If the classification of backward classes of citizens was based solely on the caste of the citizens, it may not always be logical and may perhaps contain the vice of perpetuating the castes themselves. Social backwardness is on the ultimate analysis the result of poverty to a very large extent and the occupation of citizens may also contribute to make classes of citizens socially backward, but if the classification of socially backward classes is made by the State only on consideration of their caste without regard to the other factors, then the order of the State Government is legally invalid. The principle laid down by the Supreme Court in this case applies with equal force to the present case because the classification of socially and educationally backward classes in Bihar has been made by the State Government solely on consideration of their caste in Annexures C and C-1 to the supplementary affidavit and Annexure B to the writ application. 6. The principle laid down by the Supreme Court in this case applies with equal force to the present case because the classification of socially and educationally backward classes in Bihar has been made by the State Government solely on consideration of their caste in Annexures C and C-1 to the supplementary affidavit and Annexure B to the writ application. 6. For these reasons we hold that the order of the State Government contained in Annexures C and C-1 to the supplementary affidavit violates the guarantee under Article 15 of the Constitution and must be held to be illegal, Consequently, the order of reservation of 15 seats for backward classes made by the State Government in their letter No. 16443 dated the 21st May, 1960 is illegal and ultra vires of Article 15 of the Constitution. We are, therefore, of opinion that a writ in the nature of mandamus should be granted commanding the respondents not to enforce the directions of the State Government contained in letter No. 16443 dated the 21st May, 1960 so far as reservation of seals for backward classes is concerned with regard to admission to Darbhanga Medical College. We desire, however, to make it clear that any allocation of seats made to Shri Saligram Gupta and Shri Madhava Prasad Mandal mentioned in paragraph 11 of the writ application should not be disturbed. Subject to this reservation, we hold that a writ in the nature of mandamus should be issued commanding the respondents to deal with the application for admission made by the petitioner according to law. 7. Accordingly, we allow this application. But there will be no order as to costs.