THE STATE OF MADRAS versus SRIMATHL CHAMPAKAM DORAIRAJAN

Citation: [1951] 1 S.C.R. 525 · Decided: 09-04-1951 · Supreme Court of India · Bench: HARILAL JEKISUNDAS KANIA · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

... 
S.C.R. 
SUPREME COURT REPORTS 
THE STATE OF MADRAS 
"· 
SRIMATHl CHAMPAKAM DORAIRAJAN 
and 
THE STATE OF MADRAS 
ti. 
C. R. SRINIVASAN 
[Sm1 HAlllLAL KANIA C. J. FAZL Au, 
PATANJALI SASTU, M&Hll. CHAND MAHAJAN, 
MuKHUJEA, S. R. DAS and VMAN BosE JJ.] 
525 
Constitution of India, Arts. 13, 16 (4), 29 (2), 46-Admission to 
educational institution1-E:cecuti11e Order fi:cint number of seius for 
particular 
communities-Invalidity-Fundamental 
ritht 
aiainst 
discrimination on the iround of reli1ion only-Directive principles 
of State policy-Value of. 
With regard to admission of students tO the Engineering and • 
Medical Colleges of the State, the Province of Madras had issued 
an order (known as the 
Communal G. 0.) that seats should be 
filled in by the selection committee strictly on the following basis, 
i.e., out of every 14 scats, 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. /., Fazl Ali, Pataniali Sastri, 
Mehr 
Chand 
Mahaian, 
Mukher;ea, S. 
R. 
Das 
and . Vivian 
Bose 1/.)-that the Communal G. 0. 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 there-
fore void under Art. 13. 
The directive principles of State policy laid down in Part IV 
of the Constitution cannot in any 
way override or 
abridge the 
fundamental rights guaranteed by Part UI. On the 
other hand 
they have to conform to and 
run as subsidiary to the funda-
mental rights laid down in Part tu . 
Judgment of the Madras High Court affirmed. 
C1v1L 
APPELLATE 
JuRisDICTION.-Case 
Nos. 270 
and 271 of 1951. 
.April 9· 
1951 
v. 
Srimothi 
Ch4mMam 
Dorasrajon 
526 
SUPREME COURT REPORTS 
[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 prero-
gative 
writ restraining the 
State of 
Madras and all 
officers and subordinates thereof from enforcing, observ-
ing, maintaining or following the order of the 
Govern-
ment known as the 
Communal G. 0. which laid down 
rules to be observed· by the selection committee in the 
matter of admission of students to the 
Medical 
and 
Engineering Colleges of the State. 
V. K. T. Chari, Atl11ocatt:-General, Madras (R. Gana-
pat/1y lyt:r, with him) for the appellant. 
Al/adj 
Krjshnasw11mj 
Aiyar (Al/adj 
Kupuswamj 
Ajyar, with him) for the respondents. 
1951, April 9. The Judgment of the 
Court was 
delivered by 
Das]. 
DAs J.-This judgment covers both Case No. 270 of 
1951 (State of Madras v. Srimathi Champakam Dorai-
raian) and Case No. 271 of 1951 (State of Madras v. 
C. R. Srini11asan) which are appeals from the judg-
ment passed by the 
Higl) 
Court of 
Judicature at 
Madras on July 27, 1950, on two separate applications 
under article 226 of the Constitution complaining of 
breach of the petitioners' fundamental 
right 
to get 
admission into educational institutiQns 
maintained 
by 
the State. 
· 
The 
State of 
Madras 
maintains 
four 
Medical 
Colleges and only 330. seats aie 
available 
for students 
in those 
four Colleges. Out of 
these 
330 scats, 17 
seats are reserved for students 
coming from outside 
the 
State and 12 seats are .reserved 
for discretionary 
allotment by the · State and the balance of the scats 
available are apportioned between four distinct groups 
of districts in the State. 
' 
S.C.R. 
SUPREME COURT REPORTS 
527 
Likewise, the 
State of 
Madras 
maintains 
four 
Engineering 
Colleges and the total number of seats 
available for students in those 
Colleges are only 395. 
Out of these, 21 seats are reserved for students coming 
from outside 
the 
State, 12 seats are reserved for 
discretionary allotment by the State and the balance 
of the seats available are 
apportioned 
between the 
same four distinct groups of districts. 
For many years before the commencement of the 
Constitution, the seats in b

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