SHOBHA SURYAVANSHI SHIVAPPA KUM Vs. STATE OF GOA

JUDGEMENT

(1.) This petition raises a short point but somewhat of importance in the academic field in the matter of reservation of seats for Scheduled Castes. Kum. Shobha Suryavanshi Shivappa, a student, minor in age has instituted this petition under Article 226 of the Constitution of India through her legal and natural guardian-cum-father, Shri Shivappa J. Suryavanshi challenging the refusal of admission to the first Year M.B.B.S. in Goa Medical College.

(2.) To appreciate the challenge involved in this petition the undisputed facts be recorded. Petitioners father along with his family moved down to Goa sometime in the year 1985 and he took up a permanent job in the town of Vasco-da-Gama and alongwith that a permanent residence. Petitioner Shobha was born on 18th August, 1970 and since birth is residing with her parents. She did her primary education at Naval K.G. School, Vasco-da-Gama. Thereafter she did her High School (Secondary) Education and passed her Xth Standard in 1985 from Kendriya Vidyalaya School, Vasco-da -Gama. She did her XIIth Standard i.e. Higher Secondary Education in 1987 from M.E.S. College, Vasco-da -Gama in Science stream. The petitioner intended to join the M.B.B.S. Course and held herself duly eligible and therefore applied for admission to the Goa Medical College run by the State of Goa and headed by the second respondent. This application claimed a seat reserved for Scheduled Caste of Goa under Clause 5.1(b) of the College Prospectus (1987-88) issued by the respondents regulating the admission to the first year M.B.B.S. Course and containing the eligibility for admission seekers. Clause 5.1(b) of the prospectus made a reservation of 11 seats for Scheduled Castes and Scheduled Tribes of Goa. The petitioner belongs to Mahar Caste. The petitioner is armed with a certificate issued by Tahsildar of Chikodi, Karnataka State dated 1st June, 1982 in that behalf. In support of her application for admission to the First Year M.B.B.S. the petitioner annexed a certificate obtained from the Mamlatdar of Vasco-da -Gama certifying that she belongs to the Hindu Mahar community which is duly declared as Scheduled Caste in relation to the State of Goa and further certifying that she and her family have been residing at Vasco-da-Gama. The petitioner however was not selected and her representations to the higher authorities equally failed, in that the petitioner was informed that she could not be considered for the reserved seat for Scheduled Caste/Scheduled Tribe in terms of Clause 5 as she is not a Scheduled Caste from Goa.

(3.) We may make it clear at this stage that the petitioner took her own time in approaching this Court by the present petition which was filed as late as end of September, 1987; the petition was brought up for hearing on rule on 28th September, 1987. Notice to the respondents on rule was issued after hearing Counsel for the parties on 12th October, 1987. Rule was made with the observation that the admission for the academic year 1987-88 to the First Year Medical Course shall not be disturbed. The petition was ordered to be expedited and that is how the petition has come up for final hearing before finalisation of the admissions to the First Year M.B.B.S. Course for the academic session 1988-89.