The opinion of the court was delivered by: BRODERICK
BRODERICK, District Judge.
This class action was brought by the Educational Equality League and certain named individuals on behalf of themselves and all others similarly situated in Philadelphia, seeking injunctive and other relief to prohibit the defendant, Mayor of Philadelphia, James H. J. Tate, from continuing his alleged racial discrimination in making appointments to the Educational Nominating Panel, which nominates members to the Philadelphia School Board.
After a hearing on the merits on August 25th and September 7, 1971, and a complete study of the applicable law and the briefs of the parties, we make the following:
1. It is stipulated that the population of the City of Philadelphia is 1,948,609, of whom 653,791 are black.
2. In the 1970-1971 school year, the public school population of the City of Philadelphia was 60.5% black.
3. In the 1970-1971 school year, the public elementary school population of Philadelphia was 60.2% black.
4. In the 1970-1971 school year, the public junior high school and middle school population of Philadelphia was 65% black.
5. In the 1970-1971 school year, the public senior high school population of Philadelphia was 56.2% black.
7. In 1968-69, 42%, or 116 of the 279 schools in the public school system, had enrollments of over 95% black or over 95% white; In 1970-71, 49%, or 139, of the schools had over 95% one-race enrollments.
8. In 1968-69, 90,105 black students, 54.1% of said students, were in schools with over 95% black enrollment; in 1970-71 the number had increased to 96,014, or 56.7%.
9. The Educational Nominating Panel was set up by the Educational Supplement to the Home Rule Charter, for the purpose of screening applications for school board appointments and nominating three individuals for each ...