State of Andhra Pradesh & Ors Vs. U.S.V. Balram [1972] INSC 31 (28 January 1972)

VAIDYIALINGAM, C.A.

MATHEW, KUTTYIL KURIEN

CITATION: 1972 AIR 1375 1972 SCR (3) 247 1972 SCC (1) 660

CITATOR INFO:

F 1985 SC1495 (14,63,119,124)

ACT:

Andhra Pradesh M.B.B.S. course--Admission to Government Medical Colleges by merit as a result of competitive examination--Students who had passed pre-University course or Higher Secondary Course (Multipurpose) eligible for examination--40% of seats reserved for candidates who had passed Higher Secondary Examination (Multipurpose)--Validity of such reservation--Whether violative of Art. 14, Constitution of India--Reservation of 25% in favour of Backward classes as enumerated by Backward Classes Commission--Validity of--Reservation whether saved by Art.

15(4)

HEADNOTE:

Admission to the integrated M.B.B.S. Course in the government medical colleges in Andhra Pradesh was from two sources, namely, those who had passed the pre-University Course and those who had passed the Higher Secondary Course (Multi-purpose) and a student from either course had to appear at a competitive test. By G.O. No. 1648/Health dated July 23, 1970 40% of the seats were reserved for those candidates who had passed the Higher Secondary Course (Multi-purpose). Seats. were also reserved for Scheduled Tribes and Scheduled Caste candidates. Apart from these there was a reservation of 25% in favour of Backward Classes as enumerated by the Andhra Pradesh Backward Classes Commission. This reservation was provided by G.O. No.

1793/Education. dated September 23, 1970. The respondents who were candidates at the entrance examination for admission to these colleges were not selected on account of these reservations. They filed writ petitions in the High Court challenging rule 9 under which 40% reservation had been made in favour of those passing Higher Secondary Course (Multi-purpose) and the aforesaid G.O. making 25% reservation in favour of the Backward Classes. The High Court by its judgment allowed the writ petitions and directed the State to give admission to the writ petitioners in the lst year, Integrated M.B.B.S. Course. The High Court held that the only basis for selection for the first year course is the marks obtained by a candidate ,at the entrance test. The selection thereafter should only be on the basis of highest number of marks irrespective of the fact as to whether the candidate was from the pore-university course or the higher secondary course. Rule 9 providing for the reservation of the 40%, in favour of' HSC (M.P.) candidates was, therefore, struck down as offending Article, 14 of the Constitution. Regarding the 25% seats in the colleges reserved for the Backward Classes the High Court held that the government order concerned was violative of Article 15(1) of the Constitution read with Article 29 and that it was not saved by Article 15(4) of the Constitution. In appeal by the State of Andhra Pradesh,

HELD : (1) It is no doubt open to the State to prescribe the source from which the candidates are declared eligible for applying for admission to the medical colleges; but when once a common entrance test has been prescribed for all the candidates on the basis of which the selection has to be made the rule providing further that 40% of the, seats will have to be reserved for H.S.C. candidates is arbitrary. In the first place after 248 common test has been Prescribed there cannot be a valid classification ,,of PUC and Hsc candidates. Even assuming that such classification is valid, the said classification has no reasonable relation to the object sought to be achieved, namely, selecting best candidate for the admission to the Medical Colleges. The reservation of 40% to the H.S.C. candidates has no reasonable relation to the said object. Hence the High Court was right when it struck down this reservation under rule 9 contained in G.O. No. 1648 of 1970 as violative of Article 14. [266 C-E] (ii) (a) Though prima facie the list of Backward Classes which was under attack may be considered to be on the basis of caste, a closer examination would clearly show that it is only a description of the group following the particular occupations or professions, exhaustively referred to by the Commission. Even on the assumption that the list is based exclusively on caste, it was clear from the materials before the Commission and the reasons given by it in its report that the entire caste is socially and educationally backward and therefore the inclusion of subcaste in the list of Backward Classes is warranted by Art. 15(4). The groups mentioned therein have been included in the list of Backward Classes as they satisfy the various tests which have been laid down by this Court for ascertaining social and educationally backward classes. The list of Backward Classes as well as reservation of 25% of seats in Professional Colleges for the persons mentioned in the said list was valid and was saved by Art. 15(4) of the Constitution and the High Court was wrong balding to the contrary. [285 C-D; 287 F-G] (b) The actual living conditions of habitation of the classes under investigation can be satisfactorily judged and found out only on a personal visit to the areas which will give a more accurate Picture of their living conditions and their surroundings. If the personal impression gathered 'by the members of the commission had also been utilised to augment the various other materials gathered as a result of detailed investigation it could not be said that the report of the Commission suffered from any vice merely on the ground that they imported personal knowledge. [285 H286 A] (c) The criticism that the Commission had divided classes into more 'backward and less backward was not well founded.

on the other hand what the Commission had recommended was the distribution of seats amongst the reserved classes in proportion to their population. This was not a division of the Backward Classes as more backward and less backward.

[286 D] (d) If a situation arises wherein the candidates belonging to the group included in the list of backward classes are able to obtain more seats on the basis of their own, merit it is the duty of the government to review the question of further reservation of seats for such groups If once a class appears to have reached a stage of progress from which it could be safely inferred that no further protection is necessary the State will do well to review such instances and suitably revise the list of Backward Classes. [286 H] (e) In the present case under G.O. No. 1793 of 1970 the total reservation was only 43%. The breakup of that percentage is 25%, 4% and 14% for the Backward Classes, Scheduled Tribes and Scheduled Castes respectively. The quantum of reservation was thus well within limit mentioned in Balaji's case. [287 E] State of Andhra Pradesh and another v. Lavu Narendra Nath and ,Others, [1971] 1 S.C.C. 607, Gullapalli-Nageswara Rao and Others v.

249 Principal Medical College, Guntur and Others, A.I.R. 1962 A.P. 212. P. Sagar and Others v. State of Andhra Pradesh, represented by Health Department, Hyderabad and' Others, A.I.R. 1968 A.P. 165, State Of Andhra Pradesh and Another v.P. Sagar, [1968] 3 S.C.R. 595, Chitra Ghosh and Another v. Union of India and Others, [1970] 1 S.C.R. 413, Minor P.Rajendra v. State of Madras, [1968] 2 S.C.R. 786, Ganga Ram and Others v. Union of India and Others, A.I.R. 1970 S.C.

2178, D. N. Chanchala etc. v. State of Mysore and Others A.I.R. 1971 S.C. 1762, State of Maharashtra and Another v. Lok Shikshan Sanasatha and Ors., [1971] 2 S.C.C, 410, Minor A. Periakaruppan and Anr. v. State of Tamil Nadu and Ors.

A.I.R. 1971 S.C. 2303, P. Sukhadev v. The Government of Andhra Pradesh, 1966 An. W.R. 294, Triloki Nath Tiku and Anr. v. State of Jammu & Kashmir and Ors. [1967] 2 S.C.R.

265, M. R. Balaji and Ors. v. State of Mysore, [1963] Supp.

I S.C.R. 438, R. Chitralekha and Anr. v. State of Mysore and Ors., [1964] 6 S.C.R. 368, State of Madras v. Shrimati Champakam Dorairajan, [1951] S.C.R. 525 and Triloki Nath and Anr. v. State of Jammu & Kashmir and Ors., [1969] I S.C.R.103, referred to.

CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 901 to 903 of 1971.

Appeals by special leave from the judgment and order dated May 13, 1971 of the Andhra Pradesh High Court in Writ Petitions Nos. 6090 of 1970, 221 of 1971 and 543 of 1971 respectively.

S. V. Gupte, P. S. Shankar and P. P. Rao, for the appellants (in C.A. No. 901 of 1971).

P. S. Shankar and P. P. Rao, for the appellants (in C.A.Nos. 902 and 903 of 1971).

V. M. Tarkunde and K. Rajendra Chowdhary, for the respondents (in C.A. No. 901 of 1971).

G. Narasimhulu and P. A. Chowdhry, for the respondent (in C.A. No. 902 of 1971).

A. Subba Rao, for the respondent (in C.A. No. 903 of 1971).

The Judgment of the Court was delivered byVaidialingam, J. These three appeals, in which the State of Andhra Pradesh is the first appellant, by special leave, are directed against the judgment and order dated May 13, 1971 of the Andhra Pradesh High Court in a batch of writ petitions, striking down Rule 9, in the Rules relating to the selection of candidates for admission to the Integrated M.B.B.S. Course in the Government Medical College in the Andhra Pradesh area, issued G.O. No. 1.648/Health dated July 23, 1970 as also under G.O. No. 1793,/Education dated September 23, 1970, regarding reservation of seats, in professional colleges for Backward Classes together with the annexure to the said notification containing the 250 list of Socially and Educationally Backward Classes. The Addl. Director of Medical and Health Services, Hyderabad and Principal, Government Medical College, Guntur, are also appellants Nos. 2 and 3 respectively in the appeals.

The Government of Andhra Pradesh by G.O. No. 1648/ Health dated July 23, 1970 announced Rules for the selection and admission of students to the Integrated M.B.B.S. Course in the Government Medical Colleges, in the Andhra area. The rules provided a pattern of allotment of seats by reference to certain. qualifying examinations. The candidates eligible for admission to the Integrated M.B.B.S. Course, being largely taken from the students who had passed the qualifying examination for the Pre-University Course and those who had passed the Higher Secondary Course (Multipurpose), the rules provided for a pattern of earmarking seats for the students according to the qualifying examinations taken by them. It may be mentioned at this stage that the H.S.C. Course (Multipurpose) students are called Multipurpose candidates since they pass their examinations from Multipurpose Schools.

Rule 8 dealt with the pattern of allotment of seats in respect of qualifying examination. Rule 9 outlined the procedure for selection. Rule 10 provided that all the reservations would be subject to the order of merit of marks obtained in the entrance test by the students in the relevant category of reservations, namely, P.U.C. and H.S.C.

Rule 24 provided that the selections made under the Rules will be subject to any rules or orders that may be made in regard to the reservation of seats for Socially and Educationally Backward Classes of students, having regard to the recommendations made by the Andhra Pradesh Backward Classes Commission. But there was a condition that such Rules or Orders should have been made by the Government before the finalisation and communication of the selection of candidates.

On June 20, 1970, the Backward Classes Commission appointed by the State, 'a couple of years back, made its report regarding the various categories of persons who are to be treated as belonging to Backward Classes and recommended reservation of 30% of seats to persons belonging to the Backward Classes. The State by G.O. No. 1793/Education, dated September 23, 1970 announced reservation of 25% of the seats in the M.B.B.S. Course for candidates belonging to the various Backward Classes enumerated therein on the basis of the report of the Backward Classes Commission. In or about August, 1970, the validity of the entrance test provided under the Rules issued by the G.O. '-No. 1648 of 1970 was challenged before the High Court of Andhra Pradesh in a batch of writ petitions Nos. 3859, 3881, 3955 and 4052 of 1970. The challenge was on the ground that 251 the State had no power or authority to determine admission by reference only to the result of the entrance test there by ignoring the results of the qualifying examinations taken by a candidates These writ petitions were dismissed by a learned Single Judge of the High Court on September 5, 1970.

But on Letters Patent Appeals by the candidates, a Division Bench of the High Court on September 18, 1970 reversed the order of the Single Judge and struck down the provisions regarding holding of entrance test for admission to Government Colleges as illegal. The State came to this Court in Civil Appeal Nos. 2161A and 2162B of 1970. This Court by its judgment dated February 11, 1971 allowed the appeals holding that the Government could hold an entrance test for selection eligible candidates for admission to the medical course in the colleges run by the Government. The said decision is State of Andhra Pradesh and another v.

Narendranath and others (1).

On the basis of the decision of this Court in the above appeals the Government on February 12, 1971, published an additional list of candidates selected on the basis of the entrance test for admission to the Integrated M.B.B.S. Course.

On December 27, 1970, the respondent in Civil Appeal No. 901 of 1971, who was a P.U.C. candidate filed in the High Court Writ Petition No. 6090 of 1970 challenging the validity of the classification of candidates into two categories as P.U.C. and H.S.C. (M.P.) and reserving 40% of seats to the latter as also the G.O. No. 1793/Education dated September 23, 1970 specifying certain classes as being Socially and Educationally backward and providing for them a reservation of 25% of seats in the colleges. Certain other candidates belonging to the H.S.C. (M.P.) category had filed writ petitions challenging G.O. No. 1793 of 1970 regarding the reservation made for the Backward Classes. The P.U.C.

candidate contended that the classification and reservation of 40% of seats for the H.S.C. (M.P.) candidates was violative of Art. 14 of the Constitution and that it was arbitrary and illegal. In particular he contended that he has obtained more marks than some of the H.S.C(M.P.) candidates at the entrance test and that he was entitled to admission in preference to such candidates. Both the P.U.C.

as well as the H.S.C.(M.P.) writ petitioners attacked G.O.No. 1793 of 1970 regarding reservation of 25% of seats for the Socially and Educationally Backward Classes as violative of Art. 15(1) read with Art. 29 and that it has not been saved by Art. 15 (4). According to them the classification of Backward Classes was not made on any reliable material and in the enumeration of such classes, the, various principles laid down by this Court have not been given due regard.

(1) [1971] 1 S.C.C. 607.

252 The State contested the writ petitions on various grounds.

Regarding rule 9 of G.O. No. 1648 of 1970, the stand taken by the State was that the P.U.C. and H.S.C. (M.P.) candidates formed two distinct categories and they did not form part of the same class. It was further contended that the State was entitled to lay down the principles regarding the source from which the candidates are to be selected to the medical colleges which are run by the Government and that in providing for equal distribution of seats to the P.U.C. and H.S.C. (M.P.) candidates, no discrimination has been made and there has been no violation of Art. 14.

Regarding G.O. No. 1793 of 1970, the State referred to the appointment of a high powered commission to exhaustively investigate and report as to the persons who are to be considered as Backward Classes for the purpose of reservation being made in their favour. The Commission had gone into the matter and after considering the educational and social backwardness of the various classes of-citizens in the State in the light of the various principles and tests laid down by this Court, had submitted its report on June 26, 1970 enumerating the various classes of persons who are to be treated as Backward Classes. The report accepted by the Government had also given the reasons for such classes being treated as backward.

The High Court by its judgment, under attack, allowed the writ petitions and also directed the State to give admissions to the writ petitioners to the 1st Year Integrated M.B.B.S, Course. The High Court has held that the only basis for selection for the 1st Year Integrated M.B.B.S. Course in relation to the H.S.C. and P.U.C.

candidates is the marks obtained by them at the entrance test provided by the, rules framed under G.O. No. 1648 of 1970. According to the High Court when once rules have been framed in that manner, the selection of candidates from these categories must only be of those who have obtained the highest number of marks in the said test irrespective of the fact as to which category they belonged. In view of the fact that the selection is sought to be made by earmarking 40% of seats to the H.S.C. (M.P.), the latter are having an unfair advantage over the P.U.C. candidates, who will be denied admission, though they have obtained higher number of marks. In this view the High Court held that rule 9 providing for reservation of 40% to the H.S.C. (M.P.) framed under G.O. No. 1648 of 1970 was illegal as being discriminatory and as such offends Art. 14 of the Constitution. The said rule was struck down in consequence.

Regarding the enumeration of Backward Classes by the Backward Class Commission, and the order of the Government, G.O. No. 1795 of 1970, reserving 25% of seats in the Colleges, 253 the High Court held that the Government order violate& Art.

15 (1) read with Art. 29 and that the reservation was not saved by Art. 15 (4). It is the view of the High Court that, proper investigation and collection of data have not been done by the Commission in accordance with the principles laid down by this Court in its various decisions.

On the other hand, the High Court has held that the Commission has merely enumerated the various persons belonging to a particular caste as Backward Classes, which is contrary to the decisions of this Court.

We will deal further with this aspect when we advert to the validity of G.O. No. 1739 of 1970. Suffice it to say that the High Court struck down the said Government Order as violative of Art. 15(1) and that it was not saved by Art. of the Constitution. The High Court declared that the writ petitioners were entitled to be admitted to the Integrated M.B.B.S. Course in the Medical Colleges in the Andhra area.

Before us, on behalf of the appellants Mr. S.V. Gupte, learned counsel has attacked the findings of the High Court striking down Rule 9, issued under G.O. No. 1648 of 1970, as well as the reservation of seats made in the Professional Colleges for the Backward Classes by G.O. No. 1793 of 1970.

We will first deal with the validity of Rule 9 issued under G.O. No. 1648 of 1970 reserving 40% of seats for the H.S.C.

(M.P.) candidates. Before we consider the contentions urged in that regard by Mr. Gupte, on behalf of the State and Mr. Tarkunde, on behalf of the respondents, it is necessary to broadly refer to some of the material rules issued under G.O. No. 1648 of 1970. The rules were issued as annexure to this Government Order. It was specifically stated in the said Government Order that the rules specified in the annexure have to be followed in respect of admissions of students to the Integrated M.B.B.S. Course in the Government Medical Colleges in the Andhra area including Bhadrachalam Division of Khammam District and Mungala Division of Nalgonda District from the academic year 1970-71.

Rule I referred to the availability of 550 seats in the 1st Year Integrated M.B.B.S. Course in the four Government Medical Colleges, referred to therein the Andhra area. Rule 2 dealt with reservation of seats (viz.) for candidates outside the State, candidates distinguished in N.C.C., Presidents' Scouts and Guides and children of Ex.

Servicemen and Armed personnel; and candidates belonging to Scheduled Caste and Scheduled Tribes, women candidates etc.

Rule 3 deals with the age and educational qualifications.

Regarding educational qualifications it is provided that candidates possessing the minimum qualifications of H.S.C.254 (M.P.), I.S.C., P.U.C. and A.I.H.S.C. or equivalent qualifications are eligible to appear in the Entrance Test.

But there was a .proviso to the effect that in the qualifying examination the candidates should have taken up physical sciences and biological sciences and must have obtained not less than 50% of marks in ,.those subjects put together. But in respect of candidates belonging to Scheduled Castes and Scheduled Tribes, the provision is that they should obtain not, less than 40% of marks in those Subjects put together in their qualifying examination.

Rule 4 dealt with basis and method of admission. Clause (i) of this rule provides that all candidates who, have applied for admission and are found eligible will be required to take Entrance Test to be conducted by the Director of Medical and Health Services. The said rule also dealt with the holding of the Entrance Test at the centres specified therein. Clause (v) specifically provided that the Entrance Test will consist of four papers of 50 marks each in (a) subject of Physical Science (Chemistry and Physics), (b) subject of Biological Science, (Zoology and Botany). ,Clause (vi) provided for the examinations in Chemistry and Physics being held in 'the morning and the remaining two i.e.

Zoology and Botany, in the evening session and that answers will be written in separate answer books and that the Entrance Test will be conducted in a single day.

The said rule also provided for the standard of test, type of the test and the medium of the test.

Rule 6 deals with the method of admission. It provides that based on the result of the Entrance Test, a separate Master List of eligible candidates will be prepared in order of merit and that the selection will be made keeping in view the various reservations mentioned therein. It may be mentioned at this stage that the reservations refered to therein are for Scheduled Castes and Schedule Tribes, Women candidates, children of Ex. Servicemen etc. There is no reservation referred to therein either of H.S.C. or P.U.C.

candidates.

Rule 7 deals with the distribution of seats. The total number of seats available is stated to be 550. But the actual number of seats available to be filled up on the basis of merit at the Entrance Test is given as 532. The said rule also provides for the distribution of seats to certain reserved groups such as Scheduled Castes and Scheduled Tribes, women candidates etc. Here again there is no reservation for H.S.C. or P.U.C. candidates.

Rule 8 deals with the pattern of allotment of seats in respect of qualifying examination. The seats are distributed as follows : 40% each to Multipurpose and P.U.C.

candidates; 5% to M.Sc.

255 and B.Sc. candidates; 4% for N.C.C., President's Scouts and Guides and Ex. Servicemen and 11% strictly in the order of merit in the Entrance Test from the general pool.

Rule 9 deals with the procedure for selection. Clause (D) dealing with the Multipurpose and P.U.C. candidates, refers to the fact that the total seats available are 545 and that according to the pattern of distribution, 40% of the seats are reserved for Multipurpose and 40% for P.U.C. (including I.S.C.)". The said clause further provides that the rate of seats to be filled up by the candidates from the P.U.C./Multipurpose and allied qualification holders should be done so as to keep the number of seats according to the ceiling, i.e., 40% as per the pattern of allotment for each group. It is this provision that was really struck down by the High Court.

Rule 10 specifies that all reservations would be subject to the order of merit of marks obtained in the Entrance List.

The other rules are not material.

From a perusal of the rules, referred to above, two aspects underlying the scheme of selection broadly emerge : (1) that there is to be an Entrance Test for all the applicants for the admission to the 1st Year Integrated M.B., B.S. Course;

and (2) that the result of the Entrance Test is to form the basis for admission to the medical course. Under rule 3 (2) candidates possessing the minimum qualification of H.S.C.

(M.P.), I.S.C., P.U.C. ,and A.I.H.S.C. or equivalent qualification are eligible to appear in the Entrance Test.

Therefore, it is clear that all the candidates possessing these qualifications are to be put on a par and are qualified to take the Entrance Test.

We have already referred to the fact that there is a proviso that the candidates excepting those belonging to the Scheduled Castes and Scheduled Tribes should have obtained in their qualifying examination not less than 50% of marks in Physical and Biological Sciences put together in their qualifying examination. There is no distinction made between a P.U.C. or Multipurpose candidate. Both of them, in order to become eligible to appear in the Entrance Test, must have secured not less than 50% marks in their qualifying examinations in the two Physical and Biological Sciences put together. The only relaxation, or exception, if it may be so called, is regarding the candidates, belonging to the Scheduled Castes and Scheduled Tribes.

These candidates should have secured not less than 40% of the marks in those subjects in their qualifying examination.

Rule 4 emphasises that all eligible candidates who have applied for admission are bound to take the Entrance Test conducted by 87 Sup. Cl/72 256 the Director of Medical and Health Services. All the candidates, who take the Entrance Test, must take all the, four papers, referred to therein. Here again, it will be seen that there is no distinction made between a P.U.C. and a Multipurpose candidate. Both of them must have obtained not less than 50% marks under rule 3 in Physical and Biological Sciences in their qualifying examinations, and both of them will have to appear for those subjects in the Entrance Test, which is common to all the candidates.

Rule 6 specifically provides for the admission being made on the bases of the results of the Entrance Test. Rule 7 regarding distribution of seats specifically refers to 532 seats being available to be filled up on the basis of merit in the Entrance Test. But when we come to rules 8 and 9, it is stated in the former that 40% each is to be allotted on the basis of qualifying examination to Multipurpose and P.U.C. students and the latter refers to distribution in the same proportion to the two sets of candidates on the basis of the result of the Entrance Test. This is so, notwithstanding the fact that rule 10 provides even in respect of candidates for whom reservations have been made, their selection will be in the order of merit of marks obtained in the Entrance Test. When the scheme of the rules clearly shows that the basis of selection for the 1st Year Integrated M.B., B.S. Course is according to the result of the Entrance Test, the question is whether the reservation of 40% of seats for the H.S.C. candidates under rule 9 is valid ? Under this rule though a P.U.C. candidate may have got higher marks than a H.S.C. candidate, he may not be able to get admission because 40% of the seats allotted to the P.U.C. candidates would have been filled up; whereas a H.S.C. candidate who may have got lesser number of marks than a P.U.C. candidate may be eligible to got a seat because of 40% quota allotted to the H.S.C. candidates has not yet been completed. Does this amount to an arbitrary discrimination violative of Art. 14 ? Prima facie having due regard to the scheme of the rules and the object sought to be achieved, namely, of getting the best students for the Medical Colleges, the provision is discriminatory and it has no reasonable relation to the object, sought to be achieved.

Mr. Gupte, learned counsel for the State urged that the P.U.C. and H.S.C. candidates form two separate categories and that unless such reservation of seats is made, the H.S.C. candidates may not be able to get adequate number of seats in the Medical Colleges. He further contended that the Medical Colleges being run by the Government, it is open to the State to specify the sources from which the candidates will have to be selected for admission to those Colleges. He also pointed out that such a categorisation of students into two separate groups as P.U.C. and H.S.C. has been held to be valid by the High Court.

257 Mr. Tarkunde, learned counsel for the respondents, on the other hand, urged that whatever may have been the circumstances that originally existed when the High Court then upheld the division into separate groups of P.U.C. and H.S.C. students, when once the rules clearly specify that there is to be a common Entrance Test and that selections are to be made only on the basis of the results of such a test, the reservation of 40% in favour of the H.S.C.

candidates is arbitrary, unjust and discriminatory and as such it violates Art. 14 of the Constitution.

We are in agreement with the contention of Mr. Tarkunde regarding this aspect and, in our opinion, the High Court was justified in striking down the provision regarding reservation of 40% of seats to the H.S.C. candidates under rule 9. We have already indicated the scheme of the Rules as well as the basis for selection, as could be gathered fro-in these rules.

We will now briefly advert to the decisions referred to by the learned counsel on both sides. Mr. Gupte drew our attention to the following decisions, In Gullapalli Nageswara Rao and others v. Principal Medical College, Guntur and others,(1) the High Court had considered the provision made in a rule by the Government regarding reservation of 1/3rd of total number of seats in favour of Multipurpose candidates in the Pre-Professional Course in medicine. The rule, no doubt, provided that admission for the said course should be both from the category of Multipurpose and P.U.C. students on the basis of-merit.

Nevertheless a reservation of 1/3rd of the total number to be admitted was made in favour of H.S.C. This reservation was attacked as being arbitrary and unjust. On behalf of the State it was urged that the said reservation is not hit by Art. 14 as it was necessary to afford equal opportunities to Multipurpose candidates. The High Court considered in this connection the syllabus for study prescribed for the P.U.C. and H.S.C. candidates in their respective courses.

The High Court held that the Multipurpose candidates have to study more subjects than the P.U.C. candidates and that their examinations also covers a course extending over a period of four years. In this view the High Court held that, the H.S.C. candidates are at a disadvantage in the matter of securing higher percentage of marks in their optional subjects, whereas a P.U.C. candidate had a distinct advantage over them. It was further held that in such a situation there are possibilities of P.U.C. candidates securing higher percentage of marks in their optional subjects than the Multipurpose candidates and securing on the basis of the result of their qualifying examination a larger number of seats in the Pre-Professional Course in medicine. Ultimately, the reservation of 1/3rd number (1) A.I.R. 1962 A.P. 212.

258 of seats in favour of the H.S.C. candidates was held by the High Court.

It must be noted that at the time when the High Court deal(.

with the matter, there was no uniform Entrance Test to be taken, by both the P.U.C. and the H.S.C. candidates as is the position at present. On the other hand, the selection to the Pre-Professional Course in medicine was then made on the basis of the marks obtained in the optional subjects by the respective students in their previous course of study.

The above decision, in our opinion, has no application to the facts of the present case. The fact that the High Court approved of reservation in the circumstances then existing will not help the State in the case before us.

The next decision to which our attention was drawn by Mr. Gupte is P. Sagar and others v. State of Andhra Pradesh, represented by Health Department, Hyderabad and others(1).

To this decision we will have to revert when we deal with the validity of reservation made for the Backward Classes under G.O. No. 1793 of 1970. But so far as the question of reservation for the P.U.C. and H.S.C. students is concerned, it is seen that certain rules provided for reservation of percentage of seats for the candidates belonging to the H.S.C. and P.U.C. Here again the rule was that 1/3rd of the total number of seats in all categories put together should be given to the H.S.C., Multipurpose and I.S.C. candidates and that at least 50% of the seats should be given to the P.U.C. candidates. It appears that the reservation of 50% of seats for P.U.C. candidates was challenged as being unjust. It was urged before the High Court that the H.S.C.

(Multipurpose) Examination is very difficult and as such those candidates will not be able to secure higher marks as compared to the P.U.C. candidates and in support of this contention the earlier decision in Gullapalli Nageswara Rao and others v. Principal Medical College, Guntur and others(,') was relied on. But we find that during the course of the hearing the Advocate-General intimated the High Court that the Government was aware that the reservation of 50% seats to the P.U.C. candidates was working a hardship on the Multipurpose candidates and that the rules were being amended. It was later on represented that rules had also been amended. Therefore, the High Court ultimately held that in view of the amendment to the rules, it was not necessary to consider the challenge with respect to the reservations made for the Multipurpose and the P.U.C.

candidates. Here again, it is to be stated that there was common Entrance test for all the candidates belonging to the P.U.C. and H.S.C. categories. On the other hand, the selections were made on the basis of the marks obtained by them in their qualifying examinations. It was further held in the said decision that even (1) A.I.R. 1968 A.P. 165.

(2) A.I.R. 1962 A.P. 212.

259 in the basis that the qualifying examinations taken by the P.U.C. and H.S.C. candidates were equal, still the reservation is not invalid as discreminatory under Art. 14 of the Constitution. But hereagain it is to be noted that selection were made on the basis of the marks obtained in the qualifying examinations and not on the basis of marks obtained in a common Entrance Test held for all the candidates uniformly. This decision is also, more or less similar to the one in Gullapalli Nageswara Rao and others v.

Principal Medical College, Guntur and others.(1) The decision in Sagar and others v. State of Andhra Pradesh (2 ) had also to deal with the reservation of seat in the Professional Colleges for the Backward Classes on the basis of the G.O. which was then in force. It was held that the said reservation was not saved by Art. 15 (4). The decision of the High Court striking down the reservation for the Backward Classes alone was challenged by the State in this Court in State of Andhra Pradesh and another v. P. Sagar.

(3) This Court upheld the decision of the High Court.

We will have to refer to the above sections of the High Court Rs well as of this Court when we deal with the second aspect which arises for consideration before us regarding the reservation made for the Backward Classes under G.O. No.

1793 of 1970.

Mr. Gupte then referred us to the decision in Chitra Ghosh and another v. Union of India and others. (4) That decision related to a challenge made by certain students who were denied admission to the Maulana Azad Medical College, New Delhi. The said college was established by the Government of India. Of the 125 students, who are to be admitted annually, 15% of the seats are reserved for Scheduled Caste candidates and 5% for candidates belonging to the Scheduled Tribes, 25 % of the seats (excluding the seats reserved for Government of India nominees) were reserved for girl students. In particular 23 seats were reserved to certain categories and they were to be filled up by the candidates who were nominated by the Central Government. The categories to which the said nomination had to be so made were as follows (1) Sons/daughters of residents of Union Territories specified below including displaced persons registered therein and sponsored by their respective Administration of Territory :(a) Himachal Pradesh, (b) Tripura, (c) Manipur, (d) Naga Hills, (e) N.E.F.A. and (f) Andaman.

(1) A.I.R. 1962 A.P. 212. (2) A.I.R. 1968 A.P. 165.

(3) [1968] 3 S.C.R. 595. (4) [1970] 1 S.C.R. 413.

260 (2) Sons/daughters of Central Government servants posted in Indian Missions abroad.

(3) Cultural Scholars.

(4) Colombo Plan Scholars.

(5) Thailand Scholars.

(6) Jammu & Kashmir State Scholars.

The appellants therein had obtained about 62.5% marks and were domiciled in Delhi. According to them, they were entitled to admission on the basis of merit and would have been so admitted but for the reservations, which were filled by the nominations made by the Central Government. It was their further contention that the students who had been so nominated by the Central Government and got admission had obtained less percentage of marks than the appellants.

Mainly the power of the Central Government to make the nominations was challenged on the ground that the provision for reservation in favour of such nominees of Central Government was not based on any reasonable classification and suffered from the vice of discrimination and hence the reservation was hit by Art. 14 read with cls. (A) and f (iv) of Art. 15 and Cl. (ii) of Art. 29. This Court rejected the contention and held that neither cls. (i) and (iv) of Art.

15 nor cl. (ii) of Art. 29 violated. In support of the challenge of discrimination under Art. 14, it was claimed by the appellants that merit being the sole criteria for admission, the provisions made for reservation for candidates to be nominated by the Central Government, introduced discrimination, or it had no reasonable nexus to the object sought to be achieved. After a reference to the provisions made in respect of each of the categories to be nominated by the Central Government on merits, it was held that the classification in all those cases was based on intelligible differentia, which distinguished them from the group to which the appellants belonged. In particular, Mr. Gupte relied on the following observations in the said decision "It is the Central Government which bears the financial burden of running the medical college. It is for it to lay down the criteria for eligibility. From the very nature of things it is not possible to throw the admission open to students from all over the country. The Government cannot be denied the right to decide from what courses the admission will be made. That essentially is a question of policy and depends inter-alia on all overall assessment and survey of the requirements of residents of particular territories and other categories of persons for whom it is essential to provide facilities for medical 261 education. If the sources are properly classified whether on territorial, geographical or other reasonable basis, it is not for the courts to interfere with the manner and method of making the classification.

The next question that has to be determined is whether the differentia on which classification has been made has rational relation with the object to be achieved. The main purpose of admission to a medical college is to impart education in the theory and practice of medicine. As noticed before the sources from which students have to be drawn are primarily determined by the authorities who maintain and run the institution e.g., the Central Government in the present case. In Minor P. Rajendran v. State of Madras(1) it has been stated that the object of selection for admission is to secure the best possible material. This can surely be achieved by making proper rules in the matter of selection but there can be no doubt that such selection has to be confined to the sources that are intended to supply the material. If the sources have been classified in the manner done in the present case it is difficult to see how that classification has no rational nexus with the object of imparting medical education and also of selection for the purpose." Based upon these observations, Mr. Gupte, contended that the sources for selecting candidates as well as the reservation made in respect of admission to the Maulana Azad Medical College have both been approved by this Court as valid and not violative of Art, 14. On this analogy, the counsel urged, the present classification of P.U.C. and H.S.C. into two categories and the reservation of 40% for H.S.C.

candidates are valid. In our opinion, the above decision does not lead to the result contended on behalf of the State. The special circumstances and the reasons for making the reservation to enable the Central Government to make nominations so that candidates belonging to those categories can get adequate representation by way of admission in the Medical Colleges have been elaborately adverted to by this Court and it is on that basis that this Court accepted the classification as valid. It was further held that the said classification has got a rational relation to the object sought to be achieved. The object was stated to he to impart medical education to the candidates belonging to those groups or area where adequate facilities for imparting such education were not available. But the point to be noted in the said decision is that in respect of other candidates, who are not governed by any reservation, the selection on the basis of merit, namely, the marks obtained by them. On the other hand, in the (1) [1968] 2 S.C.R. 786.

262 case before us, though a uniform Entrance Test has been prescribed for both the P.U.C. and H.S.C. candidates, still the selection is not made on the basis of the marks obtained in the Entrance Test. On the other hand, the selections are made after disregarding those marks. At any rate, so far as some P.U.C. candidates are concerned it shows a preference to the H.S.C. candidates, who may have got lesser number of marks and would not have got admission, but for the reservation of 40% made for the group to which they belonged. It is no doubt true that it is open to the State to prescribe the sources from which candidates will be selected and also prescribe the criteria for eligibility.

In fact, in the case before us, as we have already pointed out, the rules provide for the qualifications which have to be satisfied to enable a candidate to apply and the sources from which selections will have to be made, have also been prescribed.

We have also pointed out that in respect of eligibility for applying for admission to the 1st Year Integrated M.B.B.S.

Course, no distinction has been drawn between P.U.C. and H.S.C. candidates, both of whom have to get at least 50% marks in Physical and Biological Sciences. So that clearly shows that they have been put on a par so far as eligibility is concerned. But the discrimination is made only after the Entrance Test is over by denying admission to the P.U.C.

candidates who may have got higher marks than some of the H.S.C. candidates who get admission because of the 40% reservation.

Mr. Gupte then referred us to the decision in Ganga Ram and Others V. The Union of India and others(1), wherein the classification of direct recruits and promotees into two different categories in the Accounts Department of the Railway Establishment was hold to be a reasonableclassification not attracting the vice of Art. 14 or 16. In that case this Court was considering a claim for promotion based upon the test of Seniority-cum-suitability. After considering the background of the service concerned, it was held that the State which encounters diverse problems arising from a variety of circumstances is entitled to Jay down the conditions of efficiency and other qualifications for securing best service for being eligible for promotion in its different departments. It was emphasised that the object sought to be achieved by the relevant provisions which were under attack was the requisite efficiency in the Accounts Department of the Railway Establishment. It was in that connection held that the direct recruits and promotees constitute different classes or categories and such a classification is sustainable on intelligible differentia, which has a reasonable connection with the object of efficiency in the Department.

This decision also does not help the appellants as there was no distinction made inter se between the promotees and the direct (1) A.I.R. 1970 S. C. 2178.

263 recruits. On the other hand, the same criteria was adopted for purposes of promotion to the persons forming the class of direct recruits. Similarly, the same test was applied to the persons coming under the group of promotees. It was under such circumstances that this Court held the classification to be valid, and the situation which this Court had to consider in that connection was entirely different, from the one before us where all the candidates belonging to both the P.U.C. and H.S.C. merge under the Rules when they take the Entrance Test.

In D. N. Chanchala etc. v. The State of Mysore and others(1), one of the questions this Court had to consider was the validity of the university distribution of seats in the medical colleges run by the State of Mysore. There were three Universities in Mysore State, namely, Karnatak, Mysore and Bangalore Universities. The challenge to such distribution of seats was that candidates having lesser marks might obtain admission at the cost of another having higher marks from another university. This Court after a reference to the different standards of examinations held in the three universities, rejected the challenge of discrimination as follows "Further, the Government which bears the financial burden of running the Government colleges is entitled to lay down criteria for admission in its own colleges and to decide the sources from which admission would be made, provided of course, such classification is not arbitrary and has a rational basis and a reasonable connection with the object of the rules. So long as there is no discrimination within each of such sources, the validity of the rules laying down such sources cannot be successfully challenged......... In our view the rules lay down a valid classification.

Candidates passing through the qualifying examination held by a university form a class by themselves as distinguished from those passing through such examination from the other two universities. Such a classification has a reasonable nexus with the object of the rules, namely, to cater to the needs of candidates who would naturally look to their own university to advance their training in technical studies, such as medical studies.

In our opinion, the rules can. not j ustly be attacked on the ground of hostile discrimination or as being otherwise in breach of Article 14." It will be seen that the above decision has empbasised that the selection which was made on the basis of the marks obtained in the qualifying examination held by each of the universities was valid and the distribution of seats in the medical colleges universitywise was also valid in view of the different standards adopted by each (1) A.I.R. 1971 S.C. 1762.

264 university. Again it is to be noted in the said decision, there was no question of all the students of the three universities taking a common Entrance Test on the basis of which a selection was made. This decision also does not help the appellants.

The decision in The State of Maharashtra and another v. Lok Shikshan Sansatha and others(1) which has laid down that in the matter of permitting colleges to be started in particular areas having due regard to the need of the area concerned, is essentially a matter of policy for the State which has to take a decision on overall assessment and summary of the requirements of a particular area, so long as the decision is not arbitrary or mala fide, it was further held that the courts will not interfere with the assessment made by the State in pursuance of its policy. This decision is also of no avail to the appellants.

Mr. Tarkunde, apart from distinguishing the above decisions, for the reasons mentioned by us earlier pointed, out that in Gullapalli Nageswara Rao and others v. Principal Medical College, Guntur and others (2), the basis of classification of P.U.C. and H.S.C. was not challenged as there was no necessity for those students to take a common test as in the case before us. He referred us to the averments in the counter-affidavit filed by the Assistant Secretary to the Government in Writ Petition No. 3859 of 1970 in which conducting of Entrance Test was then challenged. The Assistant Secretary in paragraph 9 of the said counter affidavit in respect of holding of the Entrance Test has stated that the selection of candidates for the 1st Year Integrated M.B.B.S. Course is made on the basis of marks obtained at the Entrance Examination, as such a method of selection ensures fair play and affords equal opportunity to all candidates. He has again referred us to the fact that by introducing the method of selection by the Entrance Test the Government had done away with the reservations originally made for the P.U.C. and H.S.C. candidates and thus has offered equal opportunity to all candidates. He has further stated that both the P.U.C. and the H.S.C.

students apart from having obtained not less than 50% of marks in Physical and Biological Sciences to be eligible to apply for admission to the medical colleges, have also take the Entrance Test in the subjects mentioned in the rules.

According to the State, the result of the Entrance Test is a method of making selection to the medical colleges, thus ensuring fair play and justice.

In the same Writ Petition the Add]. Director of Medical and Health Services, (Professional Education) has referred to the necessity of holding an Entrance Test. In this connection he refers (1) [1971] 2 S.C.C. 410. (2) A.I.R. 1962 A.P. 212.

265 to the marks obtained by certain P.U.C. and H.S.C. students in their qualifying examinations and also to their marks in the Entrance Test. The Officer has stated that the marks obtained by the candidates in their qualifying examinations are not a reliable guide to assess their merits as the marks obtained by those candidates in the Entrance Test were very poor. Therefore, it has been emphasised that the marks obtained in the Entrance Test is the guiding factor to assess the merits of both the sets of candidates for admission to the Medical College.

We have referred to the averments contained in the counter affidavit of the two officers above as they form part of the present record and they have also been relied on for one purpose or other by both the State and the respondents.

The above averments clearly establish that even according to the State the marks obtained in the Entrance Test according to the rules is the decisive test for the purpose of considering the merits of the candidates, who seek admission to the Medical College. These averments clearly show that there is absolutely no jurisdiction for making of special reservation of 40% in favour of H.S.C. candidates, when once a common Entrance Test is held for all the candidates and selection is made on an assessment of merit of marks obtained at the said examination.

Mr. Tarkunde referred us to Minor P. Rajendran v. State of Madras and others(1) where the validity of the scheme of district wise distribution of seats as per the rules framed by the State of Madras, to the Medical Colleges, was challenged as violative of Art. 14. The State attempted to justify the said method of district wise distribution on the ground that if district wise distribution is not made, the candidates from Madras City would have an advantage and would secure the largest number of seats in the Medical Colleges, which will not be justified on the basis of the proportion of population of the Madras City. The challenge based on discrimination under Art. 14 was accepted by this Court and it was held that the allocation of seats district wise results in discrimination and there is no nexus between the district wise distribution and the object to be achieved, namely, admission of the best talent from the sources indicated in the rules. On this ground, the allocation of seats on districtwise basis was struck down as violative of Art. 14.

Similarly unitwise distribution of seats in the Medical Colleges in Tamil, Nadu was declared by this Court in Minor A. Periakeruppan and another v. State of Tamil Nadu and others(2) as violative of Arts. 14 and 15.

(1) [1968] 2 S.C.R. 786.

(2) A.I.R. 1971 S.C. 2303.

266 These two decisions clearly establish that a classification which has no rational basis and has no relation to the object sought to be achieved is violative of Art. 14.

It is not necessary for us to refer to the various decisions laying down the contents of Art. 14. Suffice it to say that it does not forbid reasonable classification. In order to pass the test of permissible classification, two conditions must be fulfilled : (1) The classification is founded on an intelligible differentia which distinguishes persons or things that are grouped together from those left out of the group, and (2) the differentia must have a rational relation to the object sought to be achieved.

It is no doubt open to the State to prescribe the sources from which the candidates are declared eligible for applying for admission to the Medical College; but when once a common Entrance Test has been prescribed for all the candidates on the basis of which selection is to be made, the rule providing further that 40% of the seats will have to be reserved for the H.S.C. candidates is arbitrary. In the first place, after a common test has been prescribed there cannot be a valid classification of the P.U.C. and H.S.C.

candidates. Even assuming that such a classification is valid, the said classification has no reasonable relation to the object sought to be achieved. namely, selecting the best candidates for admission to the Medical Colleges. The reservation of 40% to the H.S.C. candidates has .no reasonable relation or nexus to the said object.1. Hence we agree with the High Court, when it struck down this reservation under rule 9 contained in G. No. 1648 of 1970 as violative of Art. 14.

The next question that arises for consideration is the correctness ,of the order of the High Court striking down the reservation of seats made for Backward Classes in the Professional Colleges under G.O. No. 1793 of 1970. The said reservation has been struck down on the ground that it violates Art. 15(1) and falls outside Art. 15(4) of the Constitution.

The view of the High Court is very strenuously challenged by 'Mr. S. V. Gupte, learned counsel for the appellants. Mr. V. M. Tarkunde, learned counsel for the respondents, supported the various, reasons given by the High Court for striking down the said reservation.

Before we deal with the reasons given by the High Court for striking down the reservation made for the Backward Classes under the said G.O., we will refer to the circumstances under which the Backward Classes Commission was appointed and whose report has formed the basis for providing the reservation for the various ,persons mentioned therein.

267 The State of Andhra was formed on October 1, 1953 and the Andhra Pradesh State came into existence with effect from November 1, 1956. The State of Andhra originally formed part of the Composite Madras State. The Composite Madras State had maintained a list of Backward Classes (other than the Scheduled Castes Tribes), in that State and had made special provisions with regard to admission to educational institutions, reservation of posts in Government Service, grant of scholarships and other concessions to assist those Backward Classes. After the formation of the Andhra State on October 1, 1953, the list maintained by the Composite Madras State was continued in the Andhra area with some modifications. The former Princely State of Hyderabad was also maintaining a list of Backward Classes in that State, and this was also continued after the formation of Andhra Pradesh, which included Telangana area. Thus with effect from November 1, 1956, there were two lists of Backward Classes in the State of Andhra Pradesh one for Andhra area and the other for Telangana area. Both the lists together comprised about 146 communities-86 and 60 in the Andhra and Telangana areas respectively.

The President of India appointed in January, 1953, a Backward Classes Commission under Art. 341 nf the Constitution headed by Sri Kaka Kalelkar, to determine the criteria to be adopted for treating any section of the people, other than Scheduled Castes and Scheduled Tribes, as socially and educationally Backward Classes. The said commission was also to draw up a list of such Classes on.

the basis of the criteria laid down by it. The report of this Commission was considered by the Central Government, which issued a memorandum pointing out that some of the tests applied by the Commission were very vague. It was further pointed out that if those tests were applied, a large majority of the Country's population will have to be considered backward. The Central Government decided to undertake further investigation to draw some positive and workable criteria for this purpose. The State Governments were desired in the meanwhile to render every assistance possible to those persons who, in the opinion of the State Governments were backward. Further attempts by the Central Government to draw up a list of Backward Classes on an All India basis did not meet with much of a success. Even here some State Governments were in favour of adopting economic backwardness as a criteria while others were inclined to stick on to the list prepared by them on the basis of caste.

The Central Government conveyed to the State Governments on August 14, 1961 expressing its view that while the State Governments have the discretion to choose their own criteria for defining backwardness it would be better to apply economic tests rather than classifying people by their castes.

268 The State of Andhra Pradesh issued G.O. No. 1886 dated June 21, 1963 specifying a list of certain persons as belonging to Backward Classes. The list was prepared for the purpose of selecting candidates to the seats reserved for backward communities in the Medical Colleges in Andhra Pradesh.

Under the said G.O., 25% of the seats were reserved for Backward Classes in accordance with the list contained therein. The reservation for the Backward Classes was challenged before the Andhra Pradesh High Court by ,certain applicants on the ground that the Government order offends Arts. 15 and 29(2) of the Constitution. It was alleged that the State Government acting in fraud of its powers listed more than 139 castes as socially and educationally backward.

It was the further allegation that the list had been prepared exclusively on the basis of caste.

The State Government contested the writ petitions on the ground that the Government was maintaining a list of Backward Classes based on socially and educationally backwardness of the caste and to such people 25 % of the seats had been reserved. It was further averred that such reservation had 'been going on for a long time and the list was also being suitably revised by making additions or deletions whenever found necessary.

A learned Single Judge of the High Court in P. Sukhadev The Government of Andhra Pradesh(1) considered the validity of the impugned G.O. No. 1886 of 1.963 from two points of view:

(1) whether the list of backward classes was based solely on consideration of caste; and (2) whether the Government had adopted any standard or method of determining the social and educational backwardness of the classes specified and, if so, the material upon which the Government has so acted.

The High Court held that the State on which lay the onus of supporting the classification as valid had placed no materials before the Court as to the economic condition of the various classes, their occupation and habitation and social status and their educational backwardness. The High Court is also of the view that the enumeration of persons as Backward Classes in the Government Order has been made almost exclusively on the basis of caste. On these grounds the Government Order was struck down as violative of Art. 15 (1) and 29(2.) as being in fraud of powers conferred on the State.

After the G.O. No. 1886 of 1963 was struck down by the High Court, the State Government decided that the criteria for determining backwardness should be only economic factors and should be applied to individual family rather than to a whole caste. The Government issued a G.O. No. 301/Education dated February 3. 1964 scrapping the then existing list of Backward Classes with (1) [1966] An.W.R. 294.

269 effect from April 1, 1964 and directed that financial assistance be given to the economically poorer sections of the population, whose family income was below Rs. 1,500 /per annum. The State Government again took up the question of drawing up a list of Backward Classes in consonance with the provisions of the Constitution. For this purpose a Cabinet Sub-Committee was constituted to draw up a list of persons who could be considered backward. The Cabinet SubCommittee obtained information from other States and as per the advice of its Law Secretary, it was decided that certain criteria is to be adopted for determining the backwardness of the people. The criteria included Poverty Low standard of education, Low standing of living, Place of habitation;

Inferiority of occupation and caste. The Cabinet Sub Committee having taken a decision regarding the criteria to be applied, directed the State Director of Social Welfare to check up the lists of Backward Classes which had been scrapped on February 3, 1964 and to select from those lists the castes or communities which could be considered backward on the basis of the above criteria. The Director of Socia