words per minute
4
YogeshBatra
00:00
Speed
1. In these two applns. substantially the same questions fall to be decided & they were, therefore, heard together. In C. M. P. No. 5255 of 1950 the petnr. is one Srimathi Champakam Dorairajan. In the affidavit filed by her in support of the appln., she states that she is a graduate of the Madras University having passed in 1934 the B. A.
degree examination taking Physios & Chemistry for her subjects, that owing to financial & other difficulties she could not join forthwith or seek to join the Medical College, that she has since been able to decide on reading for a medical degree, that she made enquiries with regard to her admission into the Government Medical College at Madras in the M. B. B. S. course, that she ascertained that in respect of admissions into the said College the authorities were enforcing & observing an order of the Govt. referred to as the Communal Government Order, in & by which the admission into the Medical College is to be regulated not by qualification or suitableness of the candidate, applying for admission, but by directions involving the making of discriminations between appct. & appct. on the ground of caste, sex, etc., & that in the face of that order she had little or no chance of being admitted into the said College. She contends that the said Order of Govt. is void as it is inconsistent with the provisions of the Const. Ind. & operates as an infringement of her personal right as a citizen of the State of Madras, & that the maintenance of that order is an infringement of the fundamental rights declared & formulated by the Const. Ind. She, therefore, prays for the issue of a writ of mandamus, or any other suitable prerogative writ restraining the State of Madras & all its officers & subordinates from enforcing, observing, maintaining or following or requiring the enforcement, observance, maintenance or following by the concerned authorities in the State of the Notification or Order generally referred to as the communal Government Order in & by which admissions into the Madras Medical. College is sought or permitted to be regulated in such a manner as to infringe & involve the violation of the fundamental rights referred to in the clauses of the Const. Ind. namely, Article 15, Clause (1) & Article 29, Clause (2).