eng
competition

Text Practice Mode

With regard to admission of

created Aug 6th 2020, 06:27 by pankajsrivastava


1


Rating

385 words
20 completed
00:00
With regard to admission of students to the Engineering and Medical Colleges of the State, the Province of  Madras should be filled in by the selection committee strictly on the following basis, i.e., out of every 14 seats, 6 were  to be allotted to Non-Brahmin (Hindus), 2 to Backward Hindus, 2 to Brahmins, 2 to Harijans. 1 to Anglo-Indians and Indian Christians and 1 to Muslims:
Held by the Full Court (Kania C.J., Fazl Ali,  PatanJali
Sastri, Mehr  Chand  Mahajan, Mukherjea, S.R. Das and Vivian Bose  JJ.).--that the Communal G.O. constituted  a violation  
of the fundamental right guaranteed to the citizens  of India by Art. 29 (2) of the Constitution, namely, that "no citizen shall be denied admission to any educational institution maintained by the State or receiving aid out of the State funds on grounds only of religion, race, caste, language or any of them and was therefore void under Art 13. The directive principles of State policy laid down in Part IV  the Constitution cannot in any way override or abridge the fundamental rights guaranteed by Part III. On the other hand  they have to conform to and run as subsidiary to the fundamental rights laid down in Part III. Judgment of the Madras High Court affirmed.
JUDGMENT:
CIVIL APPELLATE JURISDICTION.--Cases Nos. 270 an d 27 1 of 1951, Appeals under Art. 132 (1) of the Constitution of India from the Judgment and Order dated 27th July, 1950, of the Madras High Court in certain applications under Art. 226 of the Constitution for protection of the fundamental rights of the petitioners under Art. 15 (1) and Art. 29 (2) of the Constitution and praying for the issue of a writ of mandamus or other suitable prerogative writ restraining the State of Madras and all officers and subordinates thereof from en- forcing, observing, maintaining or following the order of the Government known as the Communal G.O. which laid down rules to be observed by the selection committee in the matter of admission of students to the Medical and Engineer- ing Colleges of the State.
V.K.T. Chari, Advocate-General, Madras (R. Ganapathy Iyer, with him) for the appellant.
Aliadi Krishnaswami Aiyar (Alladi Kuppuswami Aiyar, with him) for the respondents.
1951, April 9. The Judgment of the Court was delivered by DAS J. --This judgment covers  

saving score / loading statistics ...