HARIJAN MAHENDRAKUMAR BUDHARAM Vs. B J MEDICAL COLLEGE

JUDGEMENT

(1.) The guidelines are for the purposes of guidance and to smoothen the way in implementing the relevant statutory provisions. The guidelines cannot be read so as to create confusion and obstacles. If the guidelines issued with regard to the implementation of reservation policy are read as contended by the respondent-authorities the same would lead to confusion and absurd results.

(2.) Now the facts in brief. The petitioner belongs to Chamer caste community which is recognised as a Scheduled Caste (SC) in relation to the State of Gujarat as in relation to the State of Rajasthan The petitioner passed the qualifying examination i.e. Higher Secondary Certificate (HSC) examination of the Gujarat Secondary Education Board held in the current year. Thereafter he sought admission in first MBBS course at the Government Medical College in the State of Gujarat. He claimed benefit of reserved seats for Scheduled Caste. He is denied the benefit of being considered as a candidate belonging to a Scheduled Caste on the ground that he originally belonged to Rajasthan and therefore he cannot claim benefit as a Scheduled Caste candidate in the State of Gujarat. The stand is adopted by the respondent-authorities despite the undisputed position that Chamar caste community is also recognised as one of the Scheduled Castes in relation to the State of Gujarat. There is also no dispute with regard to the fact that the petitioner has secured the minimum qualifying marks for being considered eligible on reserved seats for admission to the aforesaid course. In this factual background it is difficult to comprehend the utterly untenable stand adopted by the respondent-authorities.

(3.) The petitioner belongs to Chamar caste and along with his parents he appears to have migrated from Rajasthan to Gujarat. In relation to the State of Rajasthan Chamar caste/community is specified as Scheduled Caste in the order passed under Article 341 of the Constitution. Same is the position with regard to the State of Gujarat also. Then why Chamars of Rajasthan should not be treated as Chamars and therefore belonging to Scheduled Caste in the State of Gujarat. There is no valid reason why such persons can be denied the benefits of reserved seats.