ANITA CHOUDHARY Vs. STATE OFF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the petitioner has prayed for herself being declared entitled for admission to the First M.B.B.S. Course at the Government Medical Colleges on merits having regard to the fact that she belongs to Chamar Community which is recognized as Scheduled Caste community both in the State of U.P. and in the State of Gujarat and also for the letter portion of Rule :2 (Annexure:N) being Rules for admission to First M.B.B.S./First B.D.S. Courses at the Government Medical Colleges and other Colleges. Being declared as bad in law and violative of provision contained in Article: 14 of the Constitution of India.

(2.) On 4th August 1992 Notice pending admission returnable on 6th August 1992 was issued and on 6 August 1992 following order was passed:

(3.) The matter having reached for final hearing before this Court has been heard. It is not in dispute that the petitioner belongs to Chamar caste. It is also not in dispute that she secured required qualifying marks for the purpose of being considered for admission into any of the medical colleges stated in the Rules. It is finally not in dispute that Chamar caste is one of the Scheduled Caste in both States viz. State of U.P. being the State of original in so far as petitioner is concerned and the+State of Gujarat where her parents were required to migrate on account of transfer of petitioners father in the Central Government Job. With these undisputed facts the case of the petitioner is required to be examined.