ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The short question that arises for determination in the present petition under Article 226 of the Constitution of India is 'whether a person who had taken birth in the family of Thakurs (Sawarns) can by virtue of his having been adopted in the family of Ahirs (backward class) be treated as belonging to the backward class and consequently entitled to the privileges. facilities and benefits available to the persons belonging to the Backward class. This question has cropped up in the backdrop of the following facts.

(2.) Dr. Ashok Kumar. petitioner took birth on 1.1.1967 in the family of Thakur's. His natural father is Rushtam Singh son of Pothi Ram and the name of his natural mother is Smt. Bhagwan Dei. resident of village Nalar Jamuni Bhan, Mazra Mauza Pheem Shree, Tehsil Fatehabad, District Agra. It is alleged that he was adopted by the friend of his father whose name incidentally is also Rushtam Singh son of Atar Singh belonging to Ahir caste, which admittedly is a Backward class, resident of Arsena. Tahsil Kirawali, District Agra on 25.10.1974, when the petitioner was aged about 8 years. A deed of adoption was also executed though it was not registered.

(3.) The petitioner appeared in the Intermediate examination from the U. P. Board of High School and Intermediate Education in the year 1986 and appeared in Combined Pre-Medical Test (for short 'C.P.M.T.J. He was duly selected in the M.B.B.S. course and studied at Sarojini Naldu Medical College, Agra. In the year 1992, the petitioner was awarded M.B.B.S. degree. In the C.P.M.T., for admission to M.B.B.S. course, the necessity of seeking reservation did not arise as the policy of reservation was made applicable by the State Government in the medical field for the first time in the year 1990. After having obtained the M.B.B.S. degree, the petitioner appeared in Post Graduate Entrance Examination and took admission in the Post Graduate Course of Diploma in Child Health Care and pursued his studies.