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PETITIONER: SUNEEL JATLEY ETC.

       Vs.

RESPONDENT: STATE OF HARYHANA ETC.

DATE OF JUDGMENT30/07/1984

BENCH: DESAI, D.A. BENCH: DESAI, D.A. REDDY, O. CHINNAPPA (J)

CITATION:  1984 AIR 1534            1985 SCR  (1) 272  1984 SCC  (4) 296        1984 SCALE  (2)78

ACT:      Education Laws  and  Regulations-Admission  to  Medical Colleges-Reservation of seats in favour of candidates coming from Rural  Areas and  educated in common Rural Schools upto 8th standard  for admission  to M.B.B.S.  course, whether is violative  of   Articles  14  15  (4)  and  29  (2)  of  the Constitution of India.

HEADNOTE:      The  third  respondent  Maharshi  Dayanand  University, Rohtak issued  a  prospectus  on  June  12,  1982,  inviting applications for appearing at an Entrance Test for selecting candidates for  admission to M.B.B.S./B.D.S. course 1982. In this prospectus,  besides reservation  for other candidates, 25 seats  were shown  as  reserved  for  "Rural  Areas"  and further clarifying  the term as for deciding the eligibility of a  candidate from  "Rural Areas"  the following criterion will be  observed; a  candidate must have received education from Class  I to  Class 8  and passed  8th Class examination from any Rural School situated in any village not having any Municipality or notified area or Town Area Committee".      The  petitioners,   therefore,  challenged   only   the reservation of these 25 seats for candidates coming from the Rural Areas as being violative of Articles 14, 15 (4) and 29 (2) of  the Constitution  inasmuch as (1) the classification is arbitrary,  unintelligible and  unrelated to  the objects sought to  be achieved  and not saved by Articles 15 (4) and (ii); to classify candidates on the basis of their education in a school in Rural Area and Urban Area is international in as much  as before  seeking admission to the Medical Faculty even the  student coming  from rural  areas and  having been educated in  common rural  school from  1st to  8th standard would have  taken further  education for a period of 4 years before seeking  admission to  the medical  college and  that even in  respect of  the earlier  education from  1st to 8th standard in both the cases, there was identical syllabus and examination-evaluation prescribed by a common authority      Allowing the petitions, the Court ^      HELD: 1.  It is  well-settled that  Article 14  forbids class legislation but 273

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permits  reasonable   classification  in   the   matter   of legislation.  In   order  to   sustain  the   classification permissible under  Article 14,  it has  to satisfy  the twin tests: (1) that classification is founded on an intelligible differentia which  distinguishes persons  or things that are grouped together  from others  left out of the proup and (2) the differentia  must have a rational relation to the object sought to  be achieved  by the  impugned  provision.  [278H; 279A-B]      2:1.  Classification  based  on  students  coming  from common rural  schools meaning  thereby educated  upto 1st to 8th standard  in common  rural  schools  vis-a-vis  students educated in urban schools from 1st to 8th standard would not provide   intelligible    differentia   for    founding    a classification  thereon.   The  classification   in  such  a situation  will  be  wholly  arbitrary  and  irrational  and therefore the  reservation based  on such  a  classification would be constitutionally invalid. The knowledge acquired in the years  spent from  class 1  to class 8th is of a general nature   exposing   the   student   to   reading,   writing, understanding  simple   Arithmetics,  General  Knowledge  of History,  Geography   and  introductory   Mathematics.   The introductory knowledge  of these  subjects could  hardly  be said to  equip a  student for  admission to medical college. The education imparted in class IX and X is little more than introductory.  In   these  classes,  the  student  is  being prepared for  deeper study.  The  selection  of  specialised subjects has to be made in classes XI and XII and in respect of education  in classes  IX  to  XII,  all  students  being educated in  all schools  are similarly  situated, similarly circumstanced and  similarly placed with no differentiation. The earlier  handicap of  education in classes I to VIII, if there  be   any,  becomes   wholly  irrelevant   and  of  no consequence and  therefore, cannot  provide an  intelligible differentia which distinguishes persons say students seeking admission being  grouped together as having been educated in common rural schools from those left out namely the rest.                                                  [282F; C-E]      Arti Sapru  v. State of Jammu and Kahmir & Ors., [1981] 3 SCR 34, followed.      Pradeep Tandon’s case followed.      Amar Bir Singh & Ors. v. Maharishi Dayanand University, Rohtak & Ors. ILR Punjab & Haryana [1980] 2 493, overruled.      2:2. The  classification is not founded on intelligible differentia and at any rate, it has no rational nexus to the object sought  to be achieved. It does not take into account the following:  (i)  in  order  to  take  advantage  of  the reservation, students  from nearby  urban areas can join any rural school  on the periphery agglomeration; (ii) All rural schools without  an exception  cannot be  condemned as  ill- house, ill-staffed  and ill-equipped. Agriculture in Haryana has been  a very  profitable pursuit and standard of life of average farmer  in rural area has gone up compared to middle class and  industrial worker  and the  slum  dwellers  whose children will  attend as  a necessity urban schools. And yet the  better   placed  will   enjoy  reservation;  (iii)  The knowledge acquired by the students while taking instructions in class  I to  VIII has  hardly any  relevance to his being equipped for taking the test for entrance to 274 the Medical  College.  The  real  challenge  would  come  in standard XI  and XII.  In this  behalf  all  students  those coming from any rural schools and urban school are similarly placed and  similarly situated  and yet  by a reference to a past event  wholly unrelated  to the  objects sought  to  be

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achieved, they  are artificially  divided; and (iv) There is no guarantee  save a  wishful thinking  that the  candidates classified as coming from rural areas that is with education from class  1 to  VIII or  otherwise would  return to  rural areas after the M.B.B.S. degree. [285H; 284G; 285C-D]      Sukhvinder Kaur  v. State  of Himachal  Pradesh & Ors., A.I.R. 1974 HP 35, distinguished.

JUDGMENT:      ORIGINAL JURISDICTION: Writ Petition Nos. 7014, 7426-28 of 1982,  7419, 7377-78, 7278, 6460, 7078, 6461, 5720, 7428, 7454 6896,  6894, 7288,  6895, 6892-97,  7421,  75-0,  7289, 7525, 7422, 6897, 6462, 7378, 5720, 5719 & 7290-91 of 1982.       (under Article 32 of the Constitution of India)                             With      Special Leave Petition (Civil) No. 9149 of 1982.      From the  Judgment and  order dated the 14th September, 1982 of the Punjab and Haryana High Court in C.W.P. No. 3460 of 1982.                             And      Special Leave Petition (Civil) No. 9076 of 1982.      From the  Judgment and  Order dated  the 1st September, 1982 of  the Punjab and Haryana High Court in WP No. 3299 of 1982.                             And      Special Leave Petition (Civil) No. 9289 of 1982.      Dr.  Adarsh   Kapoor  &   Mrs.  V.D.   Khanna  for  the Petitioners.      P.P. Rao,  R. Venkataraman, A. Mariapatham & M/s. Aruna Mathur for M.D. University.      R.N. Poddar for the State.      The Judgment of the Court was delivered by 275      DESAI J.  As  the  matter  brooked  no  delay,  at  the conclusion  of  the  arguments,  the  Court  pronounced  the following order  reserving reasons  to be  given at  a later date.           "The  petitions   succeed  to  the  extent  herein      indicated. Let a writ be issued quashing reservation of      25 seats  in favour  of candidates  coming  from  Rural      Areas and educated in common Rural School for admission      to  MBBS   Course  1982   at  Medical  College,  Rohtak      affiliated    to    Maharshi    Dayanand    University.      Consequently the  respondents are  directed to admit in      1st MBBS  Course of  the same  College commencing  from      July,  1983,   such  number  of  students  who  secured      admission against the reservation for candidates coming      from Rural Areas and educated in Common Rural School in      1982, according  to the  general merit list drawn up in      respect of  candidates, who sought admission and in the      absence of  such a list, a waiting list should be drawn      up  according   to  merits,  for  the  year  1982.  The      respondents are  directed to work out the admissions as      per the  direction herein  made before May 31, 1983 and      give intimation to the students who become eligible for      admission. There  will be no order as to costs. Reasons      to follow," Here are the reasons.      In this  group  of  petitions  under  Art.  32  of  the Constitution, the  petitioners questioned  the validity  and legality of  reservation of  25 seats  for candidates coming from rural  areas for  admission  to  first  M.B.B.S./B.D.S. Course for  1982 session in the Medical Faculty or the Third

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respondent-Maharishi     Dayanand      University     Rohtak (’University’ for short). The University issued a prospectus on June  12, 1982  inviting applications for appearing at an Entrance Test  for selecting  candidates  for  admission  to MBBS/BDS Course,  1982. In  this prospectus,  reserved seats were shown as under:      "(A) RESERVED SEATS:      Categories                                 No. of Seats      (a) Scheduled Caste/Tribes                           30      (b) Rural areas                                      25 276      (i)   Out  of  these  5  are  reserved  for  girls,  if           available, otherwise these will also be for boys.      (ii) For  deciding the  eligibility of a candidate from           rural  areas,  the  following  criterion  will  be           observed:           A candidate  must  have  received  education  from      Class I  to Class  8 and  passed 8th  class examination      from a  common Rural School situated in any village not      having any  Municipality or  notified area or Town Area      Committee. For  this purpose  a certificate is required      to be submitted which may be seen in Appendix ’C’.      ......................................................"      In short  out of  a total  of 148  seats available  for admission, 80  seats were  to be  filled-in according to the merit list  drawn-up on  the  performance  at  the  entrance examination and the rest were reserved for different classes of  candidates.   The   petitioners   challenge   only   the reservation of 25 seats for candidates coming from the rural areas as  being violative  of Arts.  14, 15(4) and 29 (2) of the  Constitution   inasmuch  as   the   classification   is arbitrary,  unintelligible  and  unrelated  to  the  objects sought to  be achieved  and not  saved by Art. 15(4). It was alleged that  to classify  candidates on  the basis of their education in  a school  in rural  area  and  urban  area  is irrational inasmuch  as  before  seeking  admission  to  the Medical Faculty even the student coming from rural areas and having been  educated in common rural school from 1st to 8th standard would  have taken further education for a period of 40 years before seeking admission to the medical college. It was therefore  said that  earlier education  from 1st to 8th standard either  in urban  schools or  common rural  schools both having  identical syllabus  and examination  evaluation prescribed by  a common authority is hardly of any relevance while considering  the merit  for admission  to the  medical college more  so because  all students  coming  either  from urban schools or those educated in common rural schools were required to  undergo further  education for  a period  of  4 years after  the 8th  standard in  urban schools  or schools which can  be compared  with urban  schools. The petitioners contend that  the reservation  is not sustainable under Art. 15(4) because  candidates educated  in common  rural  school cannot as a class be said to be society and educatio- 277 nally backward  and therefore,  the  reservation  would  not satisfy  the   test  prescribed   by  Art.   15(4)  of   the Constitution. The petitioners aver that the syllabus for 1st to 8th  standard adopted  in common  rural schools and urban schools  is   entirely  identical  prescribed  by  the  same Government and  the  qualification  of  teachers  for  being appointed in the urban schools or the common rural school is the same  and they  are transferable  from one  area to  the other area.  It was  also contended that the majority of the population in  the State  of Haryana  as in whole country is residing in  rural areas  and the  reservation in  favour of

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majority would  be void  ab initio.  Lastly it was said that the classification apart from being arbitrary and irrational does not  satisfy the  twin  tests  of  it  being  based  on intelligible differentia and having any nexus to the objects sought to  be achieved.  The petitioners  say that some from amongst respondents  5 to  49  have  been  admitted  against reservation for  candidates coming from rural areas and even though the  petitioners had  obtained higher  marks  at  the entrance examination  and were  placed higher  in the  merit list yet  they have  been denied admission on account of the constitutionally invalid  reservation and  therefore,  their admissions should  be struck  down and the University may be directed by  a mandamus  to reconsider  the eligibility  for admission  after  ignoring  the  reservation  in  favour  of students from rural areas.      Mr. K.L. Guglani, Registrar of the University filed his affidavit-in-opposition  inter   alia  contending  that  the classification and the consequent reservation is valid under Art. 14  of the Constitution. It was submitted that in order to  correct   the  regional   imbalance  in  the  matter  of admissions to  medical college,  the Govt.  of  Haryana  had carried   out   a   sample   survey   of   the   comparative facility/inequalities between  the students  of the  schools situated in  the rural  and the  urban areas at the primary, middle and  high school  stages in  1979 which revealed that the students  studying in  common rural  schools suffer from serious handicap such as non-availabilty of electric fans in summer and  on the  onset of rainy season, the difficulty of access to the school resulting in shortening of the academic year in  such schools with consequent disadvantages in their academic achievement  as compared  to children  in the urban schools where  the academic  sessions  goes  undisturbed  by extreme summer  or rainy  season. The  sample survey further revealed that  most of  the common  rural schools  are  ill- houses, ill-staffed  and ill-equipped. There is no provision for regular medical check-up of students at 278 any common  rural school  resulting in  the neglect  for the upkeep of their health and this becomes a factor for the low achievements of students in rural schools. The sample survey also revealed  that the  teachers attached  to common  urban schools residing  in urban areas reached the school premises just in  time to  take the  classes and leave soon after the school time  is  over  thus  denying  the  establishment  of personal contact  with the  students resulting in the denial to such  students an  opportunity  of  development.  It  was further submitted  that the students coming from urban areas after taking  medical education  declined to  settle down in rural  areas   and  this  will  help  in  extending  medical facilities solely  needed for  rural population. In order to correct this  imbalance and  the utter  handicap felt by the students studying  in common rural schools, students seeking admission were  divided  into  different  classes  based  on intelligible differentia  and that  if the object of medical education is to extend medical facilities where it is needed the most, reservation for candidates coming from rural areas would achieve  the object and therefore, the State Govt. was perfectly justified  in making  this reasonable and rational classification.      At a  later date Dr. D.C. Mehrotra, Director-Principal, Medical College,  Rohtak filed  affidavit  in-opposition  on behalf of  respondents 1  to 3  which appears to be a carbon copy of the affidavit filed by the Registrar Mr. Guglani.      The  only   question  which  needs  answer  is  whether reservation of  ’25 seats  for rural areas’ for admission to

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1982  session   in  the  Medical  College  attached  to  the University is  constitutionally valid.  It must  at once  be made clear  that the  respondents did  not at all attempt to sustain the  reservation under sub-Art. (4) of Art. 15 which enabled the  State to make special provision for advancement of  any  socially  and  educationally  backward  classes  of citizens or  for the  scheduled caste  and scheduled tribes. The respondents  contended that  the reservation of 25 seats for candidates  coming from  rural areas is valid and can be sustained under  Art. 14 of the Constitution. Therefore, the question is: whether the classification between the students educated in  urban school  and common rural schools is based on any  intelligible differentia  which has a rational nexus to the objects sought to be achieved ?      It  is   well-settled  that   Art.  14   forbids  class legislation but 279 permits  reasonable   classification  in   the   matter   of legislation.  In   order  to   sustain  the   classification permissible under Art. 14, it has to satisfy the twin tests: (1) that  the classification  is founded  on an intelligible differentia which  distinguishes persons  or things that are grouped together  from others  left out of the group and (2) the differentia  must have a rational relation to the object sought to be achieved by the impugned provision.      Does the  classification on  the  basis  of  candidates coming from  rural areas against urban area in the matter of admission to  medical college satisfy the twin tests. If the attempt at  amplification of  the classification resorted to by the  respondents is ignored for the time being, the broad classification is  that the students coming from rural areas are classified  separately for  the purpose  of admission to the medical  college. The  reservation is  described in  the prospectus as: ’Rural areas-25 seats’. If the matter were to rest here,  it would  have been  unnecessary to  write  this judgment in  view of  the decision of this Court in State of U.P. v. Pradeep Tandon(1) In that case the State of U.P. had made reservation  for admission to medical college in favour of the  candidates from  rural, hill and Uttarkhand areas on the ground  that the people coming from these areas belonged to  socially   and  educationally   backward  classes.   The reservation was  challenged as  being violative  of Arts. 14 and 15  and not protected by Art. 15(4). The State sought to sustain the  classification under Art. 15(4) urging that the object of the classification was the advancement of facility for medical  education for  candidates coming  from reserved areas as  the people  coming from  these areas  belonged  to socially and educationally backward classes. This contention was accepted  in part  and negatived  in past. Striking down reservation of candidates coming from rural areas, the Court held that reservation for rural areas cannot be sustained on the ground  that the  rural  areas  represent  socially  and educationally  backward   classes  of   citizens   and   the reservation appears  to be  made for the majority population of the  State and on the ground of place of birth. The Court upheld reservation  in favour  of candidates  from Hill  and Uttarkhand areas on the ground that reservation in favour of the people  in those  areas who  belonged  to  socially  and educationally backward  classes of  citizens. Distinguishing the case  of reservation in favour of candidates coming from rural  areas,  the  Court  observed  that  the  backwardness contemplated by Art. 15(4) is both social and educa- 280 tional backwardness  of the  citizens, the  accent being  on classes of  citizens socially and educationally backward and

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therefore,  socially  and  educationally  backward  citizens cannot be  equated  with  areas  as  a  whole  socially  and educationally backward. The Court concluded that some people in the  rural areas  may be educationally backward, some may be socially  backward and  there may  be few  who  are  both socially and  educationally backward  but it  cannot be said that all  citizens residing  in rural areas are socially and educationally  backward.  Accordingly,  the  reservation  in favour of  candidates coming  from rural  areas was  held as constitutionally invalid. This reasoning would apply mutatis mutandis to  the facts  in  the  present  case  because  the reservation is  in favour  of candidates  coming from  rural areas.      It was  however, contended by Mr. P.P. Rao on behalf of the University  that the  Court should  not  merely  confine itself to the headline in the prospectus but read the entire entry specifying  reservation especially  the conditions  of eligibility for  the reserved  seats. Reading it thus it was said that  the reservation  was in  favour of  students  not coming from  rural areas  but in favour of students who were educated in  common rural  schools. Proceeding  along it was said that before making the reservation the State Government had undertaken  a  sample  survey,  portions  of  which  are extracted  in   certain  correspondence   annexed   to   the affidavit-in-opposition  which   when  examined   in  proper perspective would  show that the students educated in common rural   schools   suffered   certain   handicaps   and   are comparatively at  a disadvantage  in the matter of attaining high merit  for competing  with students  coming from  urban schools and  therefore, the State deemed it proper to extend the  protection   in  the   matter  of   admission  to  such handicapped students.  This submission was further amplified by saying  that students coming from urban areas and joining medical colleges  are generally  disinclined to  go to rural areas for rendering medical service while if students coming from rural  areas are  encouraged by reservation to take the medical education,  one can reasonably expect them to return to the  rural areas,  the habitat of their childhood, and to make such  rural places their field of activity, which would simultaneously extend  medical service  to rural areas which is otherwise  ill-starved in this behalf. It was pointed out that the  common rural schools have neither laboratories nor library facilities  and that  it is ill-equipped, ill-housed and ill-manned  in  the  matter  of  staff,  facilities  and equipment. To  over-come these  handicaps and  to provide an opportunity 281 to the  students educated  in such  schools  against  fierce competition from  those students  coming from  well-equipped and manned  by  highly  trained  staff  urban  schools,  the classification between the students coming from common rural schools and  those coming from urban school in the matter of admission to the medical college satisfied the twin tests of constitutionally valid classification.      Before anyone becomes eligible to compete for admission to the  medical college  in the  year 1982, it was incumbent upon such  a student to clear the 12th standard examination. This is true in respect of all students seeking admission to medical college  irrespective of  the fact whether they have been educated  in the common rural schools or urban schools. Now the  reservation is  in favour  of candidates from rural areas which  expression in  amplified to  mean ’a  candidate must have  received education  from Class  1 to  class 8 and passed 8th  Class examination  from a  common  Rural  School situated in  any village  not  having  any  Municipality  or

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Notified Area  or Town  Area Committee.’  It would  at  once appear that  every candidate  seeking admission  to  medical college must  have studied  upto the  12th class which would mean that  even a  candidate coming  from the  common  rural school meaning  thereby one who has taken his education upto 8th standard  in such  a school,  yet  subsequently  he  has joined  a   school  which  imparts  education  upto  the  12 standard. Such  a candidate has joined a school for a period of 4 years after having come out of the common rural school. It is nowhere suggested that this education for 4 years by a student coming from common rural school is in a school which is either  unequal to the urban school or comparatively ill- equipped, ill-housed or ill-staffed. The necessary inference that  follows   from  this  is  that  all  students  seeking admission  to   the  medical   college  have  atleast  taken education for  the  last  4  years,  in  schools  which  are comparatively similar.  What then  is the  relevance of  the education taken  from Class  I to Class 8 for the purpose of admission to  a medical  college. It  was conceded  that the specialised  subjects  which  will  qualify  a  student  for appearing at  the  entrance  examination  for  admission  to medical college  are to  be selected  from the 11th standard onwards. It was also conceded that the syllabus for students from Class  I to  Class 8 either for urban schools or common rural schools  is entirely  identical and  prescribed by the same authority,  and  this  syllabus  includes  subjects  of general knowledge.  It  does  not  provide  any  specialised knowledge. Therefore,  it passes  comprehension as  to  what importance can be 282 attached to  education from Class 1 to Class 8 for admission to medical  college which  is divided  by a  span of  over 4 years that  of Class IX to Class XII (both inclusive) and in respect of  which  students  coming  from  all  schools  are similarly situated,  similarly circumstanced  and  similarly placed and similarly treated and exposed to same educational environments without  the slightest difference. The question then is:  can the previous differentiation, if there by any, provided a  rational basis  for  classification  The  answer obviously is  in the negative. The knowledge acquired in the years spent  from   Class 1  to Class  VIII is  of a general nature   exposing   the   student   to   reading,   writing, understanding  simple   arithmetics,  general  knowledge  of History,  Geography   and  introductory   mathematics.   The introductory knowledge  of these  subjects could  hardly  be said to  equip a  student for  admission to medical college. The education imparted in Class IX and X is little more than introductory.  In   these  classes,  the  student  is  being prepared for  deeper study.  The  selection  of  specialised subjects has to be made in Classes XI and XII and in respect of education  in Classes  IX  to  XII,  all  students  being educated in  all schools  are similarly  situated  similarly circumstance and  similarly placed  with no differentiation. The earlier  handicap of  education in  Classes 1  to 8,  if there  be   any,  becomes   wholly  irrelevant   and  of  no consequence and  therefore, cannot  provide an  intelligible differentia which distinguishes persons say students seeking admission being  grouped together as having been educated in common rural schools from those left out namely the rest. It would therefore,  follow as  a corollary that classification based on  students coming  from common rural schools meaning thereby educated  upto 1  to 8th  standard in  common  rural schools vis-a-vis  students educated  in urban  schools from Ist  to   8th  standard   would  not   provide  intelligible differentia  for   founding  a  classification  thereon  The

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classification in  such a situation will be wholly arbitrary and irrational  and therefore  the reservation based on such classification would  be constitutionally invalid. This view which we  are taking  finds support  from a decision of this Court in  Arti Sapru  v State of Jammu and Kashmir & Ors.(1) wherein this  Court struck  down reservation  of 20%  of the seats to  be filled on the basis of inter se merit to ensure rectification of  imbalance in  the  admission  for  various parts of  the State,  if any,  so as  to give  equitable and uniform treatment  to those  parts. The  Court following the decision  in   Pradeep   Tandon’s   case   held   that   the classification attempted by the State suffers from the vice 283 of arbitrariness and must be declared invalid.      It was however., contended on behalf of the respondents that the  decision in  Pradeep Tandon’s case would not be of any assistance  and is  distinguishable because in that case reservation was  in favour  of candidates coming from rural, hill and  Uttarkhand areas  on the ground that people coming from these  areas belonged  to  socially  and  educationally backward classes  while the  reservation in the instant case is founded  on the  lack of facility for education in common rural schools  functioning in  rural areas  and also that in Pradeep Tandon’s  case one  of the  contentions which  found favour with the Court was that the reservation was in favour of a  majority which  aspect does  not arise  in the present case. In support of this submission, learned counsel for the respondents extensively  read before  us the decision of the full Bench  of the  Punjab &  Haryana High Court in Amar Bir Singh &  Ors v.  Moha Rishi  Dayanand University,  Rohtak  & Ors(1) The full Bench of the High Court presided over by the then learned  Chief Justice upheld the impugned reservation. The  High   Court  distinguished  the  decision  in  Pradeep Tandon’s case observing that the State sought to sustain the reservation under  Art. 15  (4) contending  that  candidates coming  from   rural  areas   belonged   to   socially   and educationally  backward   classes  of   citizens   and   the submission did  not find  favour with  the Court  though the Court unreservedly accepted that candidates coming from hill and Uttrakhand  areas belonged to socially and educationally backward classes  of citizens  and sustained  reservation in favour of  the latter.  It is  true that  the State  did not attempt to sustain the reservation under Art. 14 but certain observations in  the judgment  would leave no room for doubt that the  aspect of  valid classification was present to the mind  of  the  Court.  It  was  observed  that  80%  of  the population reside,  in rural  areas and it cannot be said to be a  homogeneous class.  Rural habitation cannot constitute it into  class. And  it is  reservation related  to place of birth. The  Court thus  examined whether  candidates  coming from rural areas constitute a distinct homogeneous class for the purpose of admission to medical college and rejected it. The High  Court in  Amar Bir  Singh’s case  on the  contrary attempted to sustain the classification of students educated in common  rural schools  which does  not carry  conviction. Having  read  this  judgment  minutely  and  with  care  and attention that a judgment of the 284 Full Bench  of High  Court bearing on the same topic merits, we are  of the  opinion that  the manner  in  which  Pradeep Tandon’s case, was sought to be distinguished was artificial apart from  being unintelligible.  Undoubtedly the  State in Pradeep   Tandon’s    case   attempted    to   sustain   the classification under  Art. 15  (4) but that was not the crux of the  matter. The  reservation was in favour of candidates

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coming from  a certain  area to  wit rural areas. Now if the amplification of  what constitutes  candidates  coming  from rural areas  will not  enlarge  or  restrict  the  operative portion, indisputably  the reservation  was  for  candidates coming from  rural areas  which were styled Pradeep Tandon’s case as  socially and  educationally backward  areas. It  is true that one of the reasons which weighed with the Court in striking down  reservation in Pradeep Tandon’s case was that the reservation  was  in  favour  of  a  majority.  Such  an argument though  available  in  the  present  case  was  not advanced, because  any day  rural area is comparatively much larger in  area and  size population  to urban  area in  the State of  Haryana. Therefore,  we are  not impressed  by the submission that  the judgment  in Pradeep  Tandon’s case  is distinguishable. In  fact, this  Court in  Arti Sapru’s case followed the decision in Pradeep Tandon’s case.      Assuming that  the decision  in Pradeep  Tandon’s  case does  not   conclude  the   point  as   herein  raised,  the differentia on  which the  classification is founded appears to us arbitrary and irrational. How arbitrary and irrational it is,  can be  demonstrably established.  In order  to take advantage of  the reservation  students  from  nearby  urban areas can join common rural school on the periphery of urban agglomeration. And  all rural  schools without  an exception cannot be  condemned as  ill-housed,  ill-staffed  and  ill- equipped. Agriculture  in Haryana has been a very profitable pursuit and standard of life of average farmer in rural area has gone  up compared to middle class and industrial workers and the  slum dwellers  whose  children  will  attend  as  a necessity urban schools. And yet the better place will enjoy reservation. Further  the basis  of classification  based on education upto 8th standard is wholly irrational. And it has no nexus  to the  object sought to be achieved, of providing extra facility  to students  coming from  rural  schools  to enter medical college.      What was  the object  sought  to  be  achieved  by  the classification ?  It was said that students taking education in common rural 285 schools from  Ist to  8th  standard  are  at  a  comparative disadvantage to  those taking  education in urban schools in the  same  standards.  The  comparison  in  our  opinion  is fallacious  for   the  reason   that  the   same  Government prescribes standards  of education,  equipment,  grants  and facilities including  the qualification  of  the  staff  for being  employed   in  urban   and  rural  schools  imparting instructions from  Ist to  8th Standard. However, as pointed out earlier,  the knowledge  acquired by  the students while taking instructions  in Class  I  to  VIII  has  hardly  any relevance to  his being  equipped for  taking the  test  for entrance to  the medical  college. The  real challenge would come in  Standard XI  and XII.  In this  behalf all students those coming  from common  rural school and urban school are similarly. placed  and  similarly  situated  and  yet  by  a reference to  a past  event wholly  unrelated to the objects sought to be achieved, they are artificially divided.      It was  however said that there was another discernible purpose in  making the  reservation. The  urbanised students are disinclined to go to rural areas for practice or service and therefore  if the  students  coming  from  rural  common schools are  encouraged to  seek admission  they may  return after obtaining qualification to their childhood habitat and thus help extend efficient medical service to rural areas at present wholly  neglected. It  was  urged  if  a  region  is woefully deficient in medical services, there occurs serious

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educational and  health service  disparity  for  that  human region which  must be  redressed by  a Welfare State. It was submitted that the reservation was a step in this direction. This submission  was sought  to be supported by referring to Jagdish Saran  v. Union of India.(1) This approach overlooks the fact that even students educated in common rural schools would be  joining urban  schools for four years before going to medical  college and  then  spend  about  five  years  in medical college.  There  is  no  guarantee  save  a  wishful thinking that  they would  return to rural areas. This is so flimsy a material to sustain classification.      We are  therefore satisfied  that the classification is not founded  on intelligible  differentia and at any rate it has no  rational nexus  to the object sought to be achieved. The  classification   is  irrational   and  arbitrate.   The reservation based on such classification is constitutionally invalid. 286      Before we  conclude, a  reference to Sukhvindkr Kaur v. State of  Himachal Pradesh  & Ors.(1)  may be  made. In that case the  High Court  upheld reservation  of  12  seats  for candidates who have passed matriculation or Higher Secondary examination from  schools located  in the  rural areas.  The aforementioned reservation  was upheld  by merely  observing that it  does not  appear to be unreasonable inasmuch as the children in  the rural areas who usually attend such schools are socially,  economically and  educationally poor and they cannot compete  with the  children of their age-group coming from the  urban area.  The judgment  does not  refer to  the material on  which the  finding was based that the’ children attending the  schools in  rural areas  cannot compete  with children of  the same age-group coming from the urban areas. That apart  the situation in that case was that the students took education  upto the Higher Secondary examination in the schools situated  in the  rural  areas  and  had  thereafter straightaway to  compete for entrance to the medical college with students  coming from  urban areas.  Such  is  not  the situation before  us. As pointed out earlier, in the instant case, the  students in  whose favour the reservation is made took education  only upto  the 8th  standard in common rural school and  for the  last 4  years they were on par in every respect with  students coming  from urban  areas. Therefore, this decision is of no assistance.      These  were  the  reasons  which  weighed  with  us  in allowing the writ petitions. S.R. Petitions allowed. 287