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2009 Supreme(UK) 362

SUDHANSHU DHULIA
MANISHA BHARTI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioners:Mr. A. Rab, Advocate.
For the Respondents: Mr. K.P. Upadhyay, Addl. Chief Standing Counsel.

JUDGMENT

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)




















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