SUGNESH JAYANTILAL PARMAR Vs. BHAVNAGAR UNIVERSITY

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner has challenged the order dated 4. 6. 2009 of the Caste Scrutiny Committee rejecting the Caste Certificate No. 13342 of 1998 dated 24. 5. 1998 issued by the District Social Welfare Officer, Ahmedabad certifying that the petitioner belonged to Sai Suthar community which was recognized as a socially and educationally backward class under the Government Resolution dated 1. 4. 1978 as amended from time to time. The petitioner has also challenged the consequential order dated 9. 7. 2009 of the PG Medical Committee of Bhavnagar University cancelling the petitioner's admission to the Post Graduate Course in M. S. (Opthalmology) which was granted to the petitioner on 26. 6. 2006.

(2.) THERE is no dispute about the fact that the petitioner had obtained 85. 07% in the Higher Secondary Certificate Examination in March 1998 (410 out of 450 marks in the Science subject) and that on that basis, the petitioner had secured admission to the 1st MBBS Course at the Government Medical College, Bhavnagar in the open merit category. The marks obtained by the petitioner in the MBBS examination are as under :-<FRM>JUDGEMENT_2978_TLGJ0_2009Html1.htm</FRM>

(3.) IT is the petitioner's case that in the last term, the petitioner had met with a serious accident and had also received head injury with brain hemorrhage which resulted into slightly poor performance in 3rd MBBS examination. The petitioner secured admission in the Post Graduate Medical Course in Opthalmology on 26. 6. 2006 on the basis of the Caste Certificate dated 24. 5. 1998 issued by the District Social Welfare Officer, Ahmedabad that the petitioner belonged to Sai Suthar community. The certificate dated 24. 5. 1998 specifically mentioned that the certificate was issued after considering the following documents :- (i) The certificate issued by Vishwa Gujarati Sai Suthar community. (ii) Similar certificate issued in favour of elder sister of the petitioner, and (iii) Affidavit of the petitioner's father.