<P> Allan Bakke applied to UC Davis medical school again in 1974 . He was interviewed twice: once by a student interviewer, who recommended his admission, and once by Dr. Lowrey, who in his report stated that Bakke "had very definite opinions which were based more on his personal viewpoints than on a study of the whole problem...He was very unsympathetic to the concept of recruiting minority students ." Lowrey gave Bakke a poor evaluation, the only part of his application on which he did not have a high score . He was rejected again, although minorities were admitted in both years with significantly lower academic scores through the special program . Not all minority applicants whose admission was recommended under the program gained entry--some were rejected by the admissions committee . This, however, did not affect the number of minority students to be admitted, sixteen . Although 272 white people between 1971 and 1974 had applied under this program, none had been successful; in 1974 the special admissions committee summarily rejected all white students who asked for admission under the program . Only one black student and six Latinos were admitted under the regular admissions program in that time period, though significant numbers of Asian students were given entry . </P> <P> According to a 1976 Los Angeles Times article, the dean of the medical school sometimes intervened on behalf of daughters and sons of the university's "special friends" in order to improve their chances . Among those who benefitted by Dean C. John Tupper's interventions (about five per year) was the son of an influential state assemblyman, who had not even filed an application . The special picks were ended by order of University of California President David S. Saxon in 1976 . Bakke's lawyer deemed it impossible to tell if these picks caused Bakke not to be admitted, but according to an attorney who filed an amicus curiae brief on behalf of the National Urban League in support of affirmative action, the practice of dean's picks made the university reluctant to go into detail about its admission practices at trial, affecting its case negatively . </P> <P> On June 20, 1974, following his second rejection from UC Davis, Bakke brought suit against the university's governing board in the Superior Court of California, Yolo County . He sought an order admitting him on the ground that the special admission programs for minorities violated the U.S. and California constitutions, and Title VI of the Civil Rights Act . UC Davis's counsel filed a request that the judge, F. Leslie Manker, find that the special program was constitutional and legal, and argued that Bakke would not have been admitted even if there had been no seats set aside for minorities . On November 20, 1974, Judge Manker found the program unconstitutional and in violation of Title VI, "no race or ethnic group should ever be granted privileges or immunities not given to every other race ." Manker ordered the medical school to disregard race as a factor, and to reconsider Bakke's application under a race - free system . After Manker entered final judgment in the case on March 7, 1975, both parties appealed, the university on March 20 because the program was struck down, and Bakke on April 17 because he was not ordered admitted . </P> <P> Because of the important issues presented, the Supreme Court of California on June 26, 1975 ordered the appeal transferred to it, bypassing the intermediate appeals court . On March 19, 1976, the case was argued before the state supreme court . Nine amicus curiae briefs were filed by various organizations, the majority in support of the university's position . The California Supreme Court was considered one of the most liberal appellate courts, and it was widely expected that it would find the program to be legal . Nevertheless, on September 16, 1976, the court, in an opinion by Justice Stanley Mosk, upheld the lower - court ruling, 6--1 . Mosk wrote that "no applicant may be rejected because of his race, in favor of another who is less qualified, as measured by standards applied without regard to race". Justice Matthew O. Tobriner dissented, stating that Mosk's suggestion that the state open more medical schools to accommodate both white and minority was unrealistic due to cost: "It is a cruel hoax to deny minorities participation in the medical profession on the basis of such fanciful speculation ." The court barred the university from using race in the admissions process and ordered it to provide evidence that Bakke would not have been admitted under a race - neutral program . When the university conceded its inability to do so in a petition for rehearing, the court on October 28, 1976 amended its ruling to order Bakke's admission and denied the petition . </P>

On what basis did alan bakke challenge affirmative action in 1978