P SURESH Vs. UNION OF INDIA

JUDGEMENT

(1.) By consent of the parties, the main writ petition itself is taken up for disposal.

(2.) The writ petition is filed by the petitioner praying for the issue of a writ of certiorarified mandamus to call for the records pertaining to the selection of candidates for the first year M.B.B.S. course in the second respondent-Institute for the year 1989-90 and to quash the same insofar as the selection relates to the third respondent with Registered No. 0174 and direct the second respondent to admit the petitioner with Register No. 0298 against the first vacancy, if any, occasioned under Scheduled Caste category.

(3.) The petitioner herein applied for admission to the First Year M.B.B.S. course in Jawaharlal Institute of Post-graduate Medical Education and Research, Pondicherry and he was placed second in the waiting list against quota reserved for Scheduled Caste, with Register No. 0298. The third respondent herein, with Register No. 0174 was placed first in the waiting list against quota reserved for Scheduled Caste. It is alleged in the affidavit, filed in support of the petition that the petitioner belongs to Scheduled Caste, that the third respondent herein does not belong to Scheduled Caste and as such he is not entitled to be considered against the quota reserved for Scheduled Caste. It is further stated in the affidavit that the third respondent herein did not file his social status certificate along with his application form and as such as per condition No. 3(3) of the prospectus his application ought not to have been considered at all. It is further alleged that the third respondent's father, who is working in the second respondent-Institute had influenced the second respondent-Institute and made him to consider the third respondent's application. It is also stated that because of the third respondent's father's influence, the application of the third respondent herein was considered and he was allowed to write the competitive examination and was also selected and placed first in the waiting list. It is further alleged that the second respondent herein had violated the conditions contained in the prospectus and had given undue preference to the third respondent which is clearly illegal and improper. In the affidavit it is further alleged that the third respondent herein is a born Christian as his father and mother were Christians, that he is not entitled to be considered for admission against the quota reserved for the Scheduled Caste, that the third respondent adopting malpractices, managed to secure a certificate of social status dated 22-3-1980 from the Tahsildar, Pondicherry, that the Tahsildar, Pondicherry, without applying his mind, without any enquiry had issued a certificate of social status to the third respondent, that the said certificate was obtained after the last date of application and after the entrance examination and after selection list was prepared, and that the said certificate was obtained on the basis of some certificate said to have been issued by a Mandal Revenue Officer, Perumanthara. West Godavari District, Andhra Pradesh. It is also alleged in the affidavit, that the third respondent's father with a view to change his social status, had published an advertisement in the Pondicherry Government Gazette dated 8-9-1987 to the effect that he had converted his religious faith from Christianity to Hinduism, that it is not true and correct that the third respondent's father ever changed his religious faith and that the said Gazette publication was only a part of his scheme to count himself and his children against the Scheduled Caste reservations for education and employment. It is further alleged in the affidavit that the third respondent's mother continues to be a Christian and that the third respondent and his parents continue the way of life of Christians including attending to the Church. It is stated that the third respondent's father is an employee of the second respondent-Institute, so also the petitioner's father. It is further stated in the affidavit that the religion of the third respondent was given and recorded in the books of school as Christian from first to tenth standard and that he had also availed concessions therefor. It is also alleged in the affidavit that the third respondent is a born Christian, that he was baptised soon after his birth some 17 years ago, that he had not undergone any process of conversion and that therefore the third respondent, in law and by presumption continues to be a Christian notwithstanding the fact, even if it is true, that his father had converted himself from Christian to Hindu faith. It is further alleged that social status, such as religion flows from birth and continue to be the same until altered, in a manner admissible to law, that the petitioner's father on coming to know that the third respondent was placed first in the waiting list against the quota reserved for the Scheduled Caste, submitted a representation to the second respondent stating that the third respondent cannot be considered for the quota reserved for Scheduled Caste and that the second respondent had gone out of way to receive documents from the third respondent in support of his social status after the process of selection was over and that the selection of the third respondent is clearly illegal, and improper. With these allegations, the petitioner herein came up before this Court with the prayer as stated supra,