MANISHA BHARTI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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.