IMRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the denial to him of a certificate of 15 years' residence and a consequent denial of a medical seat in the quota set apart by the Union Government for the Union Territory of dadra and Nagar Haveli, the Petitioner has moved these proceedings under Article 226 of the Constitution.

(2.) The Petitioner was born on 12th September 1987 in the village of Kilvani which falls in the Union Territory of Dadra and nagar Haveli. The Petitioner's mother is a Hindu and his father is a Muslim. In the course of these proceedings, it emerged that the petitioner's father had a previous marriage with one Zulekhabibi. The relations between the parties to that marriage were strained and Zulekhabibi had moved the Court of the JMFC at Pardi in Misc. Application No. 151 of 1986 with a claim for maintenance. That proceeding was compromised by an order dated 30th July 1986. The Petitioner's father is stated to have divorced Zulekhabibi. He married Urmilaben on 25th January 1983 and the Petitioner was born out of the said wedlock. The Petitioner's father joined the service of the Gujarat State Road Transport Corporation on 17th december 1978 as a Bus Conductor and was posted at Vapi. The distance between Vapi and Silvassa is stated to be approximately 15 kms. The Petitioner's mother is employed as a teacher with the department of Education, Dadra and Nagar Haveli since 1982 and was allotted service quarters on 7th December 1987. The employment certificate issued by the Education Officer of the district Panchayat has been annexed to these proceedings. The petitioner received his education in the Union Territory of Dadra and Nagar Haveli. The Petitioner has two siblings who were also born in the Union Territory of Dadra and Nagar Haveli. The petitioner's father was eventually posted by his employer as a traffic Controller at Silvassa on 26th March 1998. The parental home of the Petitioner's father is situated at Goima in the State of gujarat which lies at a distance of 35 kms. from Silvassa. It has, however, been stated that neither of the Petitioner's parents owns any land or house in the village at Goima. Admittedly, the voters' lists in the Union Territory of Dadra and Nagar Haveli reflect the name of the Petitioner's father for the years 1988, 1993, 1995 and 2002. However, it also appears that the voters' lists at Goima similarly contain the names of the the Petitioner's parents between 1988 and 2002.

(3.) At the Standard XII CBSE Examinations held in 2005, the Petitioner was the second highest ranked candidate in the open category for the Union Territory of Dadra and Nagar Haveli. An advertisement was issued by the Administration on 18th June 2005 for admission to various courses during the Academic Year 2005-06 for which seats were allotted by the Union Government to the union Territory Administration. The Petitioner submitted his application on 27th June 2005. A domicile certificate dated 21st june 2001 had already been issued to the Petitioner by the mamlatdar, Dadra and Nagar Haveli, Silvassa. The application form required a candidate to furnish a certificate of domicile in respect of his parents, issued by the Mamlatdar, Dadra and Nagar haveli, Silvassa. In addition, a certificate was required of the headmaster of a recognised school in the Union Territory certifying that the applicant had pursued education throughout in the Union territory upto the standard necessary for admission to the specified course to which admission was sought. The Petitioner was called for counseling and accordingly appeared for counseling on 22nd August 2005. The Minutes of the Screening Committee which conducted counseling show that the Petitioner was recommended for admission to a seat for the MBBS Degree course at the B. J. Medical College, Pune in the general category. The Petitioner was placed second in the merit list of selected candidates. At this stage, the Sixth Respondent who is the assistant Director of Education at Silvassa addressed a letter to the Petitioner on 7th September 2005 calling upon him to furnish a certificate to the effect that his father was a permanent resident in the Union Territory and was residing therein for a continuous period of the previous 15 years. The Petitioner contacted the office of the Fourth Respondent and filled out a questionnaire dated 12nd september 2005 and furnished documentary material including a certificate from the Grampanchayat at Goima recording that the petitioner's father has no house standing in his name and a letter evidencing the cancellation of his Ration Card at Goima in the year 1990. The Petitioner's father also submitted an affidavit dated 14th september 2005. On 14th September 2005, the Mamlatdar, Dadra and Nagar Haveli informed the Assistant Director of Education that on going through the documentary evidence, it appears that the petitioner's father was not found to be continuously staying in the union Territory for a period of 15 years. The Petitioner moved a representation before the Collector, the Director of Education and before several other authorities. This was, however, of no avail and the Petitioner was not granted admission to the seat for which he was recommended by the Screening Committee at the MBBS degree Course at the B. J. Medical College, Pune. It is the case of the Petitioner that he was deprived of admission to the MBBS degree Course by the Fourth and Sixth Respondents who acted in concert with a view to favour some other candidate. The Petitioner has submitted that he was victimised because he has no connections, being the son of a Bus Conductor with modest means.