SUMAN GUPTA Vs. STATE

JUDGEMENT

(1.) HEARD Dr.L.P.Mishra, learned counsel for the petitioner and Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) THE petitioner has challenged the charge sheet No.3 of 2010 as well as the proceedings of Case No.1318 of 2010, arising out of the said charge sheet pending before the court of Judicial Magistrate-I, Lucknow on the ground that the petitioner being an adopted daughter of one Shri Shri Krishna, who belongs to the Scheduled Caste category (Kori) was provided the certificate of Scheduled Caste category. She submitted the said certificate for the purpose of admission in M.B.B.S. Course and was also admitted in K.G.M.C., Lucknow. She passed out. Then took admission in M.S. (Obs and Gynecology) in Moti Lal Nehru Medical College, Allahabad on the basis of said certificate. There is also one decree of the Civil Court declaring her as adopted daughter of Shri Shri Krishan, passed by the Civil Judge (Jr.Div.), Shahjahanpur of 1st of September, 2006.

(3.) IT is stated that since the judgment of the Hon'ble Supreme Court rendered in the case of Km.Madhury Patil vs. Additional Commissioner, reported in 1994 SCC (6) 241 could not be placed before this court, this court proceeded to pass the aforesaid order. Now the petitioner has placed the aforesaid decision before this court and pleaded that the Hon'ble Supreme Court has framed certain guidelines in such cases, the cases like present one should be dealt with accordingly. In this manner now the petitioner has made an effort to examine the correctness of the order passed by the Division Bench of this court, by the Judge sitting singally, whereas I am of the view that the same is not permissible under the law.