GURINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of C. Ws. Nos. 2288 and 2626 of 1973.

(2.) GURINDER Pal Singh petitioner in C. W. No. 2288 of 1973 passed his Pre-Medical examination from the Punjabi University securing 411 marks without optional paper. He had applied for admission to the two Government Medical Colleges in the State. The dates of interview for the selection of candidates for admission were july 20 and 21, 1973. It is alleged that on July 19, 1973, the petitioner made enquiries from the authorities of the Government Medical College, Patiala, regarding the manner in which admissions to these institutions would be made. He was informed that 50% of the total number of seats were reserved for different categories of candidates and only 50% seats would be allotted on the basis of merit. The special reservation for various categories of students has been made vide letter dated July 7, 1972, issued by the Health and Family Planning department, Punjab, Chandigarh. The relevant portion of this letter reads as under:-

(3.) CHALLENGE to Item No. (ii) may now be considered. Regarding backward classes, it is submitted that reservation cannot be made for any particular caste or community because backwardness depends more or less upon the economic condition of a family. In this respect, the learned counsel for the State has drawn my attention to a circular letter No. 2662-5wgii-63/6934, dated 20th April, 1963, issued by the State Government which provides that a family whose annual income is less than Rs. 1,000/- should be regarded as a backward family, and some communities which are socially looked down upon by the people of the State and whose annual income does not exceed Rs. 1,800/- and who are so declared by the State Government are also to be regarded as backward communities. It would, thus, appear that this circular amply highlights the aspect of the backwardness of a family before such a family can be declared to belong to a backward class. Such a classification is admissible under the Constitution and cannot be struck down. The constitutional validity of the reservation made at Items Nos. (iv), (v) and (ix)has not been challenged. The next item regarding which a finding has to be given is the "backward areas". The learned counsel for the respondent has placed before me a brochure relating to the admissions to the Ist Year Class of the M. B. B. S. Course at the Government Medical Colleges at Patiala and Amritsar. Regarding backward area candidates, the following conditions have been laid down:-