This writ petition has been filed by the petitioners challenging the order dated 28-9-2008 passed by the Principal, Government Medical College, Srinagar Pauri by which the admission granted to the petitioners in 1st years of MBBS has been cancelled, as the caste certificate which was submitted by them was found to be “forged and fabricated”, according to the Principal. It is an admitted case that the petitioners were not heard by the Principal or any other authority before the impugned order was passed.

2. The case of the petitioners is that they belong to a Scheduled Caste community which is notified as a Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950 as “Chamar” for the State of Uttar Pradesh and consequently after the creation of State of Uttarakhand under the U.P. Reorganisation Act, 2000, the caste “Chamar” was notified as Scheduled Caste for the State of Uttarakhand as well. The case of the petitioners is that their father was appointed as a technician on 30.11.1989 in Government Hospital, Mussoorie. His two daughters which are the present petitioners, namely, Ms. Dharmavati Bharti (petitioner no. 2) and Ms. Manisha Bharti (petitioner no. 1) were born on 10.9.1987 and 17.7.1989 respectively at “Mussoorie” in Uttarakhand. The father of the petitioners who was a lab technician in the year 1989 in “Mussoorie”, when “Mussoorie” was a part of erstwhile State of Uttar Pradesh, has submitted his caste certificate which he had obtained from district “Basti”. It is also an admitted case that prior to coming to “Mussoorie”, the father of the petitioners belonged to “Basti” and as such he had obtained caste certificate from “Basti”. Prior to November 9, 2000, which is the appointed day when the new State of Uttarakhand came into existence, both “Mussoorie” (in Dehradun) as well as “Basti” were part of the erstwhile State of Uttar Pradesh. After November 9, 2000, “Mussoorie” has become a part of Uttarakhand, whereas “Basti” is a part of present Uttar Pradesh.

3. Now apart from the fact that once the petitioners have got admission in the medical college, certain rights vested with them and, therefore, opportunity of hearing and show cause was absolutely necessary, which has been denied to them, and on this count as well, the propriety of the order dated 28-9-2008 has to be examined. However, what goes to the root of the matter is whether the petitioners can claim caste benefit such as reservation and admission into schools and colleges as member of Scheduled Caste Community. In case this Court comes to the conclusion that these benefits are applicable to the petitioners then in any case this writ petition has to succeed.

4. Earlier the petitioners had filed a writ petition before this Court bearing Writ Petition No. 1969 of 2008 (M/S) wherein they had challenged the same order dated 28-9-2008 of the Principal, Government Medical College, Srinagar, Pauri and had stated before this Court that the admission of the petitioners has been cancelled without showing any cause or giving any opportunity of hearing to them. The father of the petitioners who was a government servant belongs to Scheduled Caste community and they are residing in Uttarakhand for last 20 years. This writ petition was disposed of by the learned Single Judge by order dated 6-11-2008 with the direction that the petitioners may make a fresh representation which shall be decided by the District Magistrate, Dehradun. The District Magistrate has disposed of the representation of the petitioners stating that the petitioners cannot be given the benefit of the Scheduled Caste in the State of Uttarakhand on the logic that the petitioners derive a caste from the father who has a caste certificate from “Basti” which is not a part of the State of Uttarakhand and, therefore, any caste benefit if at all is to be given, can be given to the petitioners only in the State of Uttar Pradesh and not in the State of Uttarakhand. The District Magistrate has