POOJA AWSARMOL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner, who appeared in the National Eligibility -cum-Entrance Test (UG), 2019 (for short 'NEET'), has approached this Court, after declaration of result of NEET, seeking for following reliefs:-

(2.) Facts of the case, in brief, are that the petitioner applied for and appeared in the NEET examination for admission to MBBS under-graduate course as a Scheduled Caste candidate. She came out successful in NEET examination and her all India rank is '126960' and category rank is '7494'. After declaration of result, the petitioner has approached this Court by filing instant writ petition on 10.6.2019 and prayed for a direction to respondent authority concerned to issue permanent caste certificate of Scheduled Caste in her favour and also to consider case of the petitioner and allow her to participate in counselling/admission process in MBBS course. It has been pleaded in writ petition that in the year 1964 the petitioner's grandfather was appointed in the Bhilai Steel Plant, Bhilai, District Durg (for short 'BSP') and he retired on 30.6.1997 from the post of 'Charge-man'. Petitioner's father is also an employee of BSP and presently working as 'Senior Operative (Rolling)'. Petitioner and her father were born in Bhilai, District Durg. Since the place of birth of petitioner and her father is Bhilai, which comes within the geographical area of Chhattisgarh, and the petitioner belongs to 'Mahar' community, which is a Scheduled Caste in the State of Chhattisgarh, therefore, the petitioner is entitled for permanent Scheduled Caste community certificate so as to enjoy benefits of reservation for Scheduled Caste.

(3.) Learned counsel for the petitioner submits that the petitioner belongs to 'Mahar' caste, which is a Scheduled Caste in the State of Chhattisgarh and she took her education in Bhilai upto 12th standard. As the birth place of petitioner and her father is Bhilai, District Durg (CG), which comes under the territorial jurisdiction of State of Chhattisgarh, the petitioner is entitled for a permanent caste certificate of Scheduled Caste in the State of Chhattisgarh, which is being denied to her for one reason or other. He further submits that as per Rule 12 of the Chhattisgarh Scheduled Caste and Scheduled Tribe and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013 (henceforth 'the Rules of 2013') also a migrant working in public sector is entitled for benefits of Scheduled Caste in the State. He further submits that temporary caste certificate has already been issued in favour of petitioner on 12.7.2018 and therefore action on the part of respondent No.2 in rejecting her on-line application and relegating her to file application before the Sub Divisional Magistrate, Bhilai is arbitrary, illegal and liable to be interfered. Reliance is placed on the decisions of Hon'ble Supreme Court in Director of Tribal Welfare, Govt. of Andhra Pradesh v. Laveti Giri reported in AIR 1995 SC 1506 and Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribe in the State of Maharashtra and another vs. Union of India and another reported in (1994) 5 SCC 244.