( 1 ) PETITIONER who has passed Higher Secondary School Certificate Examination conducted by the Central Board of Secondary Education New Delhi in March 1985 has filed this petition challenging the decision of the Selection Committee refusing her admission to the First M. B. B. S. course on a seat reserved for scheduled castes on the ground that she does not belong to scheduled caste of Gujarat.

( 2 ) PETITIONER is daughter of a Central Government servant who is at present Senior Divisional Mechanical Engineer of Western Railway stationed at Rajkot. Petitioners father was transferred to Rajkot on Janu 15/01/1982 On the transfer of her father to Rajkot petitioner joined Kendriya Vidyalaya (Central School) at Rajkot. She passed Higher Secondary School Certificate Examination held by the Central Board of Secondary Education New Delhi in March 1985 securing 65 per cent marks from the said school. She sought admission to M. B. B. S. course by making application to the Selection Committee constituted for selecting candidates for this course and the Dean of B. J. Medical College who I am told is the Chairman of the Selection Committee. Petitioner claimed that she belonged to Jatav caste which is one of the scheduled castes specified in relation to the State of Uttar Pradesh and in support of this claim produced a certificate issued by Tehsildar (who is equivalent to the Mamlatdar of Gujarat State) of Kairana Tehsil. Petitioners father belongs to Shamuli village which is in Kairana Tehsil in Muzaffarnagar District of the State of Uttar Pradesh and therefore petitioner produced the certificate issued by the Tehsildar of Kairana Tehsil in support of her claim as stated above. Petitioner also produced a certificate issued by the District Backward Class Welfare Officer Ahmedabad in support of her above claim. In this certificate also it was stated that petitioner belongs to Jatav caste which is recognised as scheduled caste in the State of Uttar Pradesh. The Mamlatdar of Rajkot City also issued a certificate stating to the effect that petitioners father belongs to Jatav caste which was at Sr. No. 24 in the list of scheduled castes in relation to Uttar Pradesh in the Schedule to the Constitution (Scheduled Caste) Order of 1950 as shown in the Manual of Election Law. The Assistant Director of Social Welfare Department Gujarat State by his letter dated 18/12/1985 addressed to the Secretary of the Selection Committee stated that as petitioner belongs to Jatav caste which is recognised as scheduled caste in Uttar Pradesh she was entitled to be admitted on the seat reserved for scheduled caste in Central School quota. However the Selection Committee did not call the petitioner for interview when interviews were held for selecting candidates for admission to M. B. B. S. course. Petitioner and her father thereupon approached the authorities concerned and represented to them that petitioner was entitled to be admitted on one of the seats reserved for scheduled castes out of the seats allocated to the candidates passing Higher Secondary School Certificate Examination held by the Central Board of Secondary Education of New Delhi from one of the institutions in Gujarat. Petitioner however was not considered for admission on this reserved seat.

( 3 ) IT is not disputed that petitioner belongs to Jatav caste which is recognised as scheduled caste in Uttar Pradesh. It is the stand of the respondents that petitioner does not belong to one of the scheduled castes recognised by the State of Gujarat and therefore she cannot be considered to be belonging to the scheduled caste for the purpose of admission to one of the Government Colleges in Gujarat. Consequently she cannot be admitted on the seat reserved for scheduled castes. It would therefore appear that the only ground on which petitioner is denied admission to M. B. B. S. course is that she cannot be considered to be belonging to the scheduled caste. It is not disputed that if the petit