NANDA KISHORE SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(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; <FRM>JUDGEMENT_372_AIR(PAT)_1965Html1.htm</FRM> 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.