The determination of Scheduled Tribe status based on the permanent abode of parents at the time of the notification of the relevant Presidential Order.

Surjit Singh, Judge: Common questions of law and facts are involved in these two writ petitions and, therefore, they are being disposed of by a common judgment.

2. Post Graduate Degree & Diploma Courses are conducted by Indira Gandhi Medical College, Shimla. For the session 2002-2003 admissions were sought to be made for Post Graduate Degree Courses in different faculties. Two seats were available in Obstetrics & Gynecology faculty, one of which was reserved for Scheduled Tribe candidates. Last date for submission of applications was 11.12.2002. Entrance test was conducted on 29.12.2002. Three candidates including the petitioners in these two writ petitions, who applied for admission against the seat reserved for Scheduled Tribe candidates, qualified the entrance test. The candidate, who was on the top in order of merit, did not join. Dr. Chander Bhave (petitioner in CWP No. 1227 of 2004) was second in order of merit, while Dr. Rohini Rao (petitioner in CWP No. 145 of 2004) was third. Both of them were called for Counselling. Dr. Chander Bhave, being above Dr. Rohini Rao in the merit list, was admitted. Dr. Rohini Rao objected to the admission of Dr. Chander Bhave on the ground that he did not belong to a Scheduled Tribe and that the certificate dated 19.9.2001 (Annexure P-1 in CWP No. 1227 of 2004), produced by him, was not correct. When no heed was paid other objection, she made representations. Ultimately an enquiry was conducted by the Executive Magistrate and it was found that Dr. Chader Bhave though a Gujjar by caste, members of which caste, residing in old Himachal area, have been notified as belonging to a Schedule Tribe, was not a Schedule Tribe as neither he nor his father was a resident of old Himachal, but his father was a resident of a village falling in Bangana Tehsil of Una District, which was merged with Himachal Pradesh on the reorganization of the erstwhile State of Punjab. Consequently the certificate Annexure P-1 was cancelled. Dr. Rohini Rao, after the cancellation of the said certificate, approached respondents No.2 to 4 (in CWP No. 145 of 2004) for cancelling the admission of Dr. Chander Bhave to the Post Graduate Course in Gynecology & Obstetrics and her own admission to the said Course against the seat reserved for Scheduled Tribe. When there was no response, She filed Civil writ Petition (CWP No. 145 of 2004) seeking a direction to the respondents to cancel the admission of Dr. Chander Bhave in Gynecology & Obstetrics P.G. Course against the seat reserved for Scheduled Tribe and to admit her against the seat vacated by the cancellation of admission of Dr. Chander Bhave.

3. Second Writ petition No. 1227 of 2004 has been filed by Dr. Chander Bhave for setting aside the order of cancellation of his Scheduled Tribe certificate. His plea is that his father Ram Lok has been a resident of Shahtalai area of Bilaspur District (which District is part of old Himachal Pradesh) since 1957, when on joining the service as a J.B.T. teacher under the H.P. Government he started living with his brother in Shahtalai area, who was already a resident of that area and because of this his father was issued a certificate by the concerned authorities that he was a member of Scheduled tribe being a Gujjar. He has stated that his father was recorded as a member of Scheduled Tribe even in his service record and that he (Dr. Chander Bhave) too got admission to the MBBS Course on account of his being a member of a Scheduled Tribe. In the alternative he has pleaded that by amendment of the Scheduled Castes & Scheduled Tribes Orders carried out vide Act No. 10 of 2003, notified on 7.1.2003, the Tribes & Tribal communities, residing in the new (merged) area of Himachal Pradesh, which are identical to those which reside in old area of Himachal Pradesh and have been notified as Scheduled Tribes, have also been included in the list of Scheduled Tribes and hence the writ pettier (in CWP 1227 of 2004) was a member of a Scheduled Tri