The importance of reservation for Scheduled Castes and Scheduled Tribes, the need to prevent misuse of reservation quota, and the significance of maintaining purity in the educational field.

ORDER:- 'Mahar-Manu' Dr. Bhimrao Ambedkar's success in providing "reservation"; 'for' poor and downtrodden, 'Scheduled Caste and Scheduled Tribes', who are centuries old sufferers of oppression and repression, suppression and consequent depression, and who have been, ruthlessly crushed and brushed aside, by the society; have been undermined, by ingenuity of superminds. Dr. Ambedkar, was Mahar-Manu, because he was 'Mahar' by birth and by drafting the great Indian Constitution, he rose to the heights of 'Manu'. Mahrishi Manu again was a Non Brahmin who gave "Manu Smriti" and formulated Hindu social laws, giving emphasis to (i) the protection of women (ii) Protection of the weak (iii) the equality of man etc. It is in this context, that I have called Dr. Ambedkar "Mahar Manu" of the modern free India.

2. This case is a typical example of the same ingenuity, where a "Jat" (non Scheduled Caste and Tribes) student could successfully usurp the 'reservation' quota in 'Medical College' by a novelistic device and trickery.

3. Harphool Singh, petitioner, a student of Medical College, has filed this writ petition, second in succession in the earlier one, in his legal struggle to complete his studies of the medical college, in spite of the fact that the admission which he secured as a, 'Meena' has been found to be based on wrong declaration, because he was 'Jat' by caste. The case provides a typical example of alleged misuse of the reservation in educational institutes for 'Scheduled Castes and Scheduled Tribes'.

3A. In the earlier writ petition, this Court gave a direction that since the cancellation of the admission of the petitioner has been done in violation of principles of natural justice, respondents should allow him an opportunity of showing cause, before considering the question of cancellation of admission. After the above judgment, opportunity was given to the petitioner, and the documents which were submitted, were taken on record and thereafter, an order for cancellation of his admission was passed, which is under challenge in this writ petition.

4. The undisputed facts of the case are that the petitioner was educated in Doongar College, Bikaner, where he described himself as 'Jat' by caste. However, when he wanted to secure admission in the medical college, he described, himself, as 'Meena' by caste, and produced a certificate of the District Magistrate, Jhunjhunu, on the basis of which admission was given to him in the year 1973-74. While the petitioner was continuing his studies in the medical college, a complaint was filed against him that the petitioner is a 'Jat' by caste, and he has secured his admission to the medical college fraudulently. This complaint was filed on 26th December, 1976 by one Shri Narain Singh of village Lamba.

5. The Principal, R.N.T. Medical College, Udaipur has written to the Superintendent of Police Jhunjhunu, on 20th January, 1977 to make an inquiry into the complaint, whether the petitioner Harphool Singh S/o. Sh. Sanwal Ram R/o Village Lamba Tehsil Chirawa District Jhunjhunu is 'Meena' by caste or 'Jat' by caste. The Principal, Doongar College, Bikaner vide his letter dated 9th April, 1977 informed the Principal of Medical College, Udaipur that this boy took admission in his college in the year 1971-72 in First Year TDC (Science) and as per the document of the college, he is 'Jat' by caste and is not a member of Scheduled Tribe.

6. District Magistrate, Jhunjhunu on 7/10-10-77 on the basis of the inquiry which he got conducted, wrote to the Principal that this boy has obtained admission in the medical college, fraudulenty, as he is 'Jat' by caste and therefore, he must be removed from the college and complaint should be made to the police. Superintendent of Police, Jhunjhunu on 28th April, 1977 again reported that the S. H. O. P. S. Pilani on the basis of the inquiry, has held, that Harphool Singh is 'Jat' by caste and not Meena. The Superintendent of Police, Jhunjhunu again on 1st July, 1977