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7. In Kailash Sonkar v. Smt. Maya Devi a Bench of three Judges of this Court, considering the historical perspective confronting the framers of the Constitution in drafting the Constitution, stated that one of the important objectives to be translated into action was to take special care of the backward classes and members of the Dalits and Tribes by bringing them to the fore through pragmatic actions and providing adequate opportunities for their amelioration and development, education, employment and the like. Hindu social structure was erected by impregnable walls of separation with graded inequalities between different sections amongst Hindus. Caste became the result of birth and not of volition. No one wishes to be born in a particular caste or religion. It is the result of biological act of the parents. However, in Hindu social structure also, caste is the result of birth and has become a bane for individual drive, thrive and improvement of excellence, a fundamental duty under Article 51A(j). The practice of untouchability, which had grown for centuries, denuded social and economic status and cultural life of the Dalits and the programmes evolved under Articles 14, 15(2), 15(4) and 16(4) aimed to bring Dalits into national mainstream by providing equalitarian facilities and opportunities. They are designated as "Scheduled Castes" by definition under Article 366(24) and "Scheduled Tribes" under Article 366(25) read with Articles 341 and 342 respectively. The constitutional philosophy, policy and goal are to remove handicaps, disabilities, suffering restrictions or disadvantages to which Dalits/ Tribes are subjected, to bring them into the national mainstream by providing facilities and opportunities for them. As to OBCs, their identification was delegated to a Commission appointed under Article 340.

9. In para 784 at page 717, it was further held that reservation under Article 16(4) is not made in favour of a 'caste' but a backward class. Once a caste satisfies the criteria of backwardness, it becomes a backward class for the purpose of Article 16(4). Even that is not enough. It must further be found that the backward class is not adequately represented in the services of the State. It would, therefore, be for the authority constituted under Article 340 or the appropriate authority to identify the backward class eligible for entitlement under Article 16(4). It would thus be seen that the Dalits, Tribes and identified backward classes of citizens who are not adequately represented in a service or office under the State are eligible to be considered under Article 16(1) read with Article 16(4). Equally under Article 15(4) for admission in educational institutions and in other programmes.

13. In A.S. Sailaja v. Kurnool Medical College, Kurnool and Ors. , the petitioner, daughter of A.S. Radhakrishna, an advocate of Cuddapah in Andhra Pradesh, had initially appeared for Common Entrance Examination for 1984-85 for admission into medical College but failed. For the Common Entrance Examination for 1985-86 she described herself to be daughter of natural father Radhakrishna but in the application for admission made on July 13, 1985, she claimed that she was adopted by one B. Sivaramaiah, (Shepard), a backward class in Andhra Pradesh and sought admission on that basis. She secured 417 marks out of 600 and when she claimed to be O.B.C., but was not given admission, she filed a writ petition in A.P. High Court for direction to the College to admit her as a backward class group-D. The High Court considered the inter-play of adoption under the Hindu Adoption and maintenance Act, 1956 and the protective discrimination under Article 15(4). It held that the native endowments of men are by no means equal. The mind of children brought up in culturally, educationally and economically advanced atmosphere, is accounted highly as they are bound to start the race of life with advantages. It would apparently have its inevitable profound effect on the quality of the child born in that atmosphere. The children born amongst backward classes would not start the race of life with the same quality of life. It would, therefore, be necessary to identify the competing interests between diverse sections of the society and it is the duty of the Court to strike a balance between competing claims of different interests. Citizens belonging to a group of backward classes identified by the appropriate authority or the commission, as a part of that class, fulfilling the traits of socially and educationally backwardness among that group, would alone be eligible for admission as a backward class citizens under Article 15(4). In that event, the Court declined to go into the question whether such person is socially or educationally backward which is an exclusive function of the commission/authority appointed under Article 340 of the Constitution. r\ But any person who would attempt, by process of law and seeks to acquire the status of such a backward class should satisfy that he/she suffered the same handicaps or disadvantages due to social, educational and cultural backwardness. A person born in upper caste and having early advantages of education is not entitled to the benefit of Article 15(4). In that context, it was held that caste will be one of the considerations along with other factors applicable to homogeneous group of the people. A homogeneous group together being identifying as a class for the purpose of Article 15(4) or 16(4) would become mockery. Therefore, it was held that the petitioner, though by adoption became a member of the backward class, was not eligible for admission into medical college under Article 15(4) since she did not undergo any sufferings or disadvantages, handicaps or ignominy to which the members of the homogeneous backward class are subjected to.