1. ਤੁਹਾਨੂੰ ਸਰਕਾਰੀ ਵਿੱਦਿਅਕ ਸੰਸਥਾ ਜਾਂ ਰਾਜ ਤੋਂ
ਵਿੱਤੀ ਸਹਾਇਤਾ ਪ੍ਰਾਪਤ ਕਰਨ ਵਾਲੀ ਸੰਸਥਾ ਵਿੱਚ
पठभ, ठमप्ल, लाठी, उमा, भारि रे भायात ठे
ਦਾਖ਼ਲਾ ਦੇਣ ਤੋਂ ਇਨਕਾਰ ਕੀਤਾ ਜਾਂਦਾ ਹੈ, ਤਾਂ ਤੁਸੀਂ
विम भपिवान टी हठठे वो ।/ If you are
denied admission to a government
educational institution or an
institution receiving financial
assistance from the state on the
basis of religion, race, caste,
language, etc., then what right would
you exercise? / यदि आपको धर्म, नस्ल, भाषा
आदि के आधार पर किसी सरकारी शिक्षण
संस्थान या राज्य द्वारा वित्त पोषित संस्थान में
प्रवेश से वंचित किया जाता है, तो आप किस
अधिकार का प्रयोग करेंगे? *
भाठविव भपिवान टी/economic rights /
आर्थिक अधिकारों का
ਰਾਜ ਦੀ ਨੀਤੀ ਦੇ ਨਿਰਦੇਸ਼ਕ ਸਿਧਾਂਤ ਦੀ /
Directive principle of state policy/
राज्य नीति के मार्गदर्शक सिद्धांत का
भप्लिव भपिवान टी / fundamental rights
| मौलिक अधिकारों का
Answers
Answer:
Srimathi Champakam Dorairajan ... vs The State Of Madras, Represented ... on 27 July, 1950
Equivalent citations: AIR 1951 Mad 120, (1950) IIMLJ 404
1. In these two applns. substantially the same questions fall to be decided & they were, therefore, heard together. In C. M. P. No. 5255 of 1950 the petnr. is one Srimathi Champakam Dorairajan. In the affidavit filed by her in support of the appln., she states that she is a graduate of the Madras University having passed in 1934 the B. A.
degree examination taking Physios & Chemistry for her subjects, that owing to financial & other difficulties she could not join forthwith or seek to join the Medical College, that she has since been able to decide on reading for a medical degree, that she made enquiries with regard to her admission into the Government Medical College at Madras in the M. B. B. S. course, that she ascertained that in respect of admissions into the said College the authorities were enforcing & observing an order of the Govt. referred to as the Communal Government Order, in & by which the admission into the Medical College is to be regulated not by qualification or suitableness of the candidate, applying for admission, but by directions involving the making of discriminations between appct. & appct. on the ground of caste, sex, etc., & that in the face of that order she had little or no chance of being admitted into the said College. She contends that the said Order of Govt. is void as it is inconsistent with the provisions of the Const. Ind. & operates as an infringement of her personal right as a citizen of the State of Madras, & that the maintenance of that order is an infringement of the fundamental rights declared & formulated by the Const. Ind. She, therefore, prays for the issue of a writ of mandamus, or any other suitable prerogative writ restraining the State of Madras & all its officers & subordinates from enforcing, observing, maintaining or following or requiring the enforcement, observance, maintenance or following by the concerned authorities in the State of the Notification or Order generally referred to as the communal Government Order in & by which admissions into the Madras Medical. College is sought or permitted to be regulated in such a manner as to infringe & involve the violation of the fundamental rights referred to in the clauses of the Const. Ind. namely, Article 15, Clause (1) & Article 29, Clause (2).
2. In C. m. P. No. 5340 the petnr. is one C. R. Srinivasan. In his affidavit he states that he has passed the Intermediate Examination of the Madras University held in March 1950 in Group I taking Mathematics, Physios & Chemistry as his optionals in the first class & obtained for a maximum of 450 marks in the optionals 369 marks; that he has filed an ap pln. for admission to the Engineering College at Guindy, that he learns that the admission in the Engineering College is governed by a Government Order whereby admission is gov erned by communal proportion (the Order already referred to in the previous Civ. Mise.
P
3. On behalf of the State of Madras, counter affidavits were filed in the two petns. setting forth practically the same legal contentions. In the counter-affidavit filed in C. M. P. No. 5255 of 1950 it is stated that the total number of seats available in the four Medical Colleges run by the Govt. of Madras is only 330, that out of these, 17 seats are reserved for students coming from outside the State, 12 seats for discretionary allotment by the Govt. in consultation with the Surgeon-General; that the balance of seats available are apportioned between four distinct groups of districts in the State, that the seats so apportioned are filled up according to the rule intended to protect the weaker flections of the people & to provide equal opportunities to all, that accordingly out of 14 seats 6 are allotted to non-Brahmin Hindus, 2 backward Hindu communities, 2 to Brahmins, 2 to Harijans, 1 to Anglo-Indians & Indian Christians & 1 to Muslims. The above allocation is claimed to be based not solely on population figures, but that it has been worked out after a due consideration of the numerical strength, literary attainment & the economic conditions of the various communities in the State. Subject to these regional & protective provisions, selection from among the appots. from a particular community from one of the groups of districts is made on certain principles, preference being given in a particular order. No less than 20% of the total number of seats available for students of the State are filled by woman candidates separately for each region.