KASHYAP SURENDRABHAI NAIK Vs. D N SHAH

JUDGEMENT

(1.) Both these petitions involve similar set of facts and identical question of law. Both these petitions are, therefore, with the consent of the learned advocates decided by this common judgment and order.

(2.) The petitioner in Special Civil Application No. 6629 of 2001 is a Doctor belonging to Socially & Educationally Backward Class as well as Nomadic Tribe. She seeks admission to Post Graduate Medical course on the seat reserved for Socially and Educationally Backward Class. The petitioner in Special Civil Application No. 6312 of 2001 also belongs to Socially and Educationally Backward Class as well as a Nomadic Tribe. He also seeks admission to the Post Graduate Medical course on a seat reserved for Socially and Educationally Backward Class. Both the said petitioners had secured admission to Medical College at undergraduate level as a member of Nomadic Tribe on a surplus seat reserved for Scheduled Tribes. The question is whether they can now claim admission to Post Graduate Medical Course as Socially & Educationally Backward Class candidates. One more question arises so far as the petitioner in Special Civil Application No. 6629 of 2001 is concerned i.e., whether she can be said to be belonging to a creamy layer so as to exclude her from the benefits of the reservation for Socially and Educationally Backward Class.

(3.) It appears that in the matter of admission to Medical Colleges, the Government has provided for reservation for several categories of candidates namely, Scheduled Castes, Scheduled Tribes, Socially & Educationally Backward Classes. Be it noted that no reservation has been provided for the persons belonging to Nomadic Tribes/Denotified Nomadic Tribes. However, under the prevalent policy, the Government offers surplus seats reserved for Scheduled Tribes to the candidates belonging to the Nomadic Tribes/Denotified Nomadic Tribes. It was under this policy that the petitioners secured admission to Medical Colleges at the Under Graduate Level ie., though both the petitioners belong to Socially and Educationally Backward Class, they failed to secure admission on the seats reserved for such communities. However, they also happen to be belonging to Nomadic tribes and they secured admission on unutilised seats reserved for Scheduled Tribe candidates. In course of time, both the petitioners have passed their degree examination and have secured Bachelor's Degree. Both have sought admission to the Post Graduate Medical Course in the seats reserved for Socially and Educationally Backward Classes.