VIJAY SOREN Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition the petitioner has approached this Court for quashing the order dated 7. 2. 2006 passed by the Principal B. R. D. Medical College, Gorakhpur cancelling the petitioner's admission to the MBBS Course (Annexure 11 to the writ petition ). Further a writ in the nature of mandamus directing the respondents to allow the petitioner to pursue his studies in the MBBS Programme at B. R. D. Medical College, Gorakhpur.

(2.) THE facts arising out of the present writ petition are that the petitioner is a son of one Sri Smanta Rai Soren who originally belongs from village Deo Kundi, District Mayurbhanj, Orissa. Petitioner belong to Santhal tribe which is recognised as a scheduled tribe under the Constitution (Scheduled Caste) Order, 1950, the Constitution (Scheduled Tribes) Order, 1959 as amended by Scheduled castes and Scheduled Tribes (Amendment) year, 1976. Petitioner's father is a Central Government employee and was entered in service as medical officer in the year1981 as a reserved category candidate on the instant of his being a member of scheduled tribe. The father of the petitioner was given benefit of reservation and presently posted as Chief Medical Officer Central Government Health Scheme at Lucknow.

(3.) THE petitioner appeared in combined Pre Medical Test in 2002 as a Scheduled Tribe candidate claiming benefit of reservation. The result was declared in October, 2002 and the name of the petitioner appeared in the list of successful candidates. The Counselling taken place at King George Medical College Lucknow on 25th October, 2002. At the time of Counselling the petitioner submitted a scheduled tribe certificate dated 23. 7. 1997 issued by Tehsildar Bahalda District Mayurbhanj Orissa and another certificate dated 12. 6. 2001 issued by the Additional City Magistrate (IIIrd) Lucknow. It has been mentioned in the said certificate that the aforesaid certificate is being issued on the basis of certificate dated 23. 7. 1997. An objection was taken by the authorities at the time of Counselling that the certificate dated 12. 6. 2001 not being as per prescribed proforma, as such, the petitioner was required to submit a fresh certificate in the prescribed format. Under these circumstances, the father of the petitioner approached the authority and petitioner furnishes a fresh certificate dated 25. 10. 2002 in a prescribed format issued under a sealed and signature of Prabhandh Adhikari on behalf of the District Magistrate, Lucknow. The petitioner was allocated B. R. D Medical College, Gorakhpur and was admitted to the MBBS Course on 31. 10. 2002. The petitioner was pursuing his studies and was presently studying in Fourth year in MBBS examination (i. e. the penultimate year of the course ).