PATNA HIGH COURT
S.K.Jha and Yadunath Sharan Singh JJ.
Amresh Kumar
Versus
Principal, Bhagalpur Medical College, Bhagalpur
Civil Writ Jurisdiction Case No. 1609 of 1979 ;
Decided On : FEBRUARY 4, 1982
(Relied on AIR 1976 S. C. 376, AIR 1981 Raj 8)
(Para 3)
1. In this application under Arts.226 and 227 of the Constitution of India, the petitioner has prayed for issuance of an appropriate writ quashing the order of the Principal, Bhagalpur Medical College (Respondent No.1) contained in Memo No.1167 dated 7-5-1979, as contained in Annexure-12 to the writ petition. By that order contained in the memo the petitioners admission to the Medical College in the year 1975 has been cancelled and rescinded. There are other incidental and consequential prayers made which we need not dilate upon because the main question to be decided is the legality and validity of the impugned order as contained in Annexure-12.
2. The relevant facts for the disposal of this application are short and simple. They may be narrated thus. After having been selected at the test for admission into the MBBS degree course, the petition was interviewed by the selection Board on 24-11-1975 and selected for admission. The letter dated 23rd Sept. 1975 issued to the petitioner regarding his provisional selection for interview for admission in the 1st year M.B.B.S./Dental Course 1975 of State Medical/Dental College of Bihar, on the basis of the results of the Pre-medical and Pre-dental Test, 1975, has been marked Annexure-1 to the writ application. Paragraph 8(a) of that letter regarding provisional selection for interview for admission reads thus : "Caste certificate from the District Magistrate or Civil S.D.O. or District Welfare Officer of the area concerned, if the candidate belongs to Scheduled Caste/ Scheduled Tribe/Backward Classes (Annexures I and II). Caste and category should be specifically mentioned." The petitioner at the time of his Pre-medical and Pre-dental Test, 1975, had produced a caste certificate from the Block Development Officer, Sadar, Patna, showing that he was a Dhobi by caste and belongs to the category of a scheduled caste. The petitioner was thereafter interviewed by the interviewing Board and selected for admission on 24-11-1975. On 5-12-1975, he was admitted into the First Year M.B.B.S. course by the Principal, Bhagalpur Medical College (Respondent No.1). Although it is not so stated either in the petition or in the counter affidavit, learned counsel for all the parties including the State have admitted that in the year 1977 the petitioner passed Part-I of his M.B.B.S. course. Thereafter he was prosecuting his studies for the final completion of the M.B.B.S. course and in the year 1979 the petitioner was in the final year of the M.B.B.S. class bearing Roll No.36. At this stage by the impugned order of Respondent No.1 dated 7-5-1979 his (petitioners) admission to the First Year M.B.B.S. course was cancelled on the ground that as a result of a report by the District Welfare Officer, Bhagalpur, in which it was found that he was actually not a Dhobi by caste but belongs to an upper caste. It may also be pertinent to mention here that some time in the year 1976 even after the petitioners admission when the petitioner was called upon to submit a caste certificate from the District Welfare Officer, he did so produce a certificate from the District Welfare Officer, Patna. Subsequent thereto the petitioner was asked to produce a caste certificate from the District Magistrate which was not at all warranted under the terms of Annexure-1. The certificate of the District Welfare Officer was deemed to be a valid certificate under paragraph 8(a) of Annexure-1. It has been rather vaguely stated in the counter affidavit filed on behalf of respondents that on a complaint having been received by the principal (Respondent No.1) that the petitioner did not belong to a scheduled caste an enquiry was set afoot and it was consequent thereupon that the petitioner was asked to furnish the District Magistrates certificate. This the petitioner was unable to do. As has already been stated above, on some sort of enquiry having been made by the District Welfare Officer, Bhagalpur, who had not granted caste certific
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