GRACE MARRY MINJ Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner, who, in the year 2008, was pursuing her studies in the M.B.B.S. Course and was student of 3rd Year in Gandhi Medical College, Bhopal, has filed this writ petition challenging the order dated 4.1.2008 and the recommendations made by the High Level Caste Scrutiny Committee on 11.9.2007, whereby, the question of declaring the social status of the petitioner was decided.

(2.) Petitioner's forefathers are said to be permanent resident of Village Ameratoli, Tahsil & District Jaspur now in the State of Chhatisgarh, originally in the State of M.P. prior to State Reorganization, which came into force on 1st of November, 2000. Parents of the petitioner were working in Bhopal, when the bifurcation of the State had not taken place. Petitioner's father was working as Additional General Manager in Bharat Heavy Electrical Limited, Bhopal and her mother was working as Dy. General Manager (Medical), Kasturba Hospital, BHEL Bhopal. It is not in dispute that the petitioner's parents and the petitioner belong to an Schedule Tribe Community i.e. "Oraon Caste", the said caste is notified as a Schedule Tribe both in the State of M.P. and in the State of Chhatisgarh.

(3.) Based on her social status and the fact of her residence in Bhopal due to her parents' service, it is the case of the petitioner that she was born in Bhopal in the year 1985 and since then, had undertaken her entire studies in Bhopal. She appeared in the Pre- Medical Test in Bhopal in the year 2005 and was selected for admission to the M.B.B.S. Course and was granted admission in the Government Gandhi Medical College, Bhopal in the seat reserved for Schedule Tribe Candidate. Annexure-P3, P4, P5, P6 & P7 are the documents evidencing the birth of the petitioner at Bhopal, her social status, mark-sheet etc. with regard to Pre-Medical Test. In the year 2008, when the petitioner was a student of 3rd Year M.B.B.S. Course, it seems that certain complaints were made against the petitioner by certain vested interest and the social status of the petitioner was questioned.