DRAVIDAR KAZHAGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN order to interdict the State of Tamil Nadu, the 1st respondent herein from holding an Entrance Test for admission to the Professional Colleges in the State viz., Engineering, Medical and Agriculture, and compel the Government to hold interviews as before for the candidates seeking admission to those Colleges Dravidar Kazhagam represented by its Executive Committee member, Thiru K.Balaraman has filed this petition under Article 226 of the Constitution of INdia seeking the issue of a writ of certiorarified mandamus.

(2.) THE initial pages of the affidavit of the petitioner contain averments relating to the domination of Non-Brahmin communities by the Brahmin community, how Justice Party and Thanthai Periyar E.V.Ramasami launched a compaign for rendering justice to Non-Brahmins, how the communal G.O. came to be passed, how the G.O. came to be struck down by the Court as ultra vires of the Constitution, how an agitation was started and how Article 15 of the Constitution was amended and how the interview system was sought to be rendered ineffective by Thiru Rajagopalachari by reduction of interview marks from 150 to 50 when he was the Chief Minister of Tamil Nadu and how Thiru Kamaraj, who became the Chief Minister of Tamil Nadu restored the interview marks to 150 in order to give adequate representation to the backward classes people. THE affidavit then proceeds to say that the interview system had the blessings of Thanthai Periyar and Thiru Kamaraj and it had been functioning well for a number of years. It further states that the same system was followed by the D.M.K. Ministry headed by Anna and Kalaignar Karunanidhi and that even the A.I.A.D.M.K. Ministry followed it till the academic year 1983-84 but, all on a sudden, the second respondent made a statement on the floor of the Tamil Nadu Assembly on 16.3.1984 that from the academic year 1984-85 onwards, the interview system will be abolished and Entrance Test system would be followed for admission of candidates in the professional colleges. This change of policy, according to the petitioner, is wholly uncalled for and is sought to be brought about for motivated reasons. Furthermore, the introduction of Entrance Test examination will seriously jeopardise the students belonging to the weaker sections of the community hailing from the rural areas situate in remote parts of Tamil Nadu. Hence, the petitioner seeks the intervention of the Court to prevent the Entrance Test examination proposed to be held by the first respondent and for continuing the system of selection of candidates after holding interview.

(3.) THIRU P.S. Pandian, I.A.S., Director of Technical Education, Madras-25. ...Member. The questions for Entrance Test will be prepared both in English and Tamil. Model questions (both in English and Tamil) will be prepared and attached with the prospectus to the application for Entrance Test." 4. Various grounds have been set out by the petitioner in his affidavit in support of his prayer for the issue of a writ of certiorarified mandamus. I shall now set out those grounds and consider the merits of each one of them.