SHWETA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed praying for a mandamus directing the respondents to admit the petitioner in the MBBS-2012 Course keeping in view the benefit of reservation claimed by the petitioner under the Scheduled Tribe Category. The petitioner relies on the caste certificate issued to her by the Tehsildar, Zamania, Ghazipur, Uttar Pradesh bearing Certificate No. 2220 dated 23th June, 2004. She contends that the said certificate is a valid certificate certifying that the petitioner belongs to the "Kharbar Caste" which is mentioned at serial No. 46 of the list of Scheduled Castes and Scheduled Tribes Categories as issued under the presidential order. Learned counsel for the petitioner submits that the said caste certificate has been validly issued and has not been cancelled so far.

(2.) The petitioner has alleged that after being successful in the C. P. M. T. Examination-2012, she deposited the earnest money for counselling for which she was summoned at the Moti Lal Nehru Medical College at Allahabad. The petitioner was accordingly issued a Counselling Registration Form and she was registered whereafter she appeared for counselling on 23rd July, 2012. The counselling of the petitioner, however, could not take place as some doubt was expressed about the caste certificate of the petitioner that she did not belong to the Scheduled Tribe Category, and that she belongs to the Other Backward Class category. Consequently, the petitioner inspite of having appeared in the counselling was not allowed to participate in the same, whereafter she has filed this petition praying for a mandamus. This matter was taken up on 17th August, 2012 and the learned Standing Counsel was called upon to obtain a response by 23rd August, 2012.

(3.) Sri M. P. Yadav has accepted notice for the Respondent No. 2, Director General Medical and Training, who is the Nodal Authority and the Chairman of the Counselling Board. A short counter affidavit has been sworn and filed by the Director General bringing on record the communication dated 24th July, 2012 issued by him to the District Magistrate, Ghazipur to verify the caste certificate issued to the petitioner and also to inform as to which category or caste does the petitioner belong to. This letter was responded by the letter of the District Magistrate, Ghazipur on the very next day i. e. on 25th July, 2012 informing the Director General that the Revenue Inspector had been sent for verification and he has reported that the petitioner does not belong to the "Kharbar Caste" and belongs to Other Backward Class category as she is a "Kamkar" by caste. This letter was accompanied by the said report of the Revenue Inspector as forwarded by the Tehsildar.