MANGAT RAM LALWANI Vs. COLLECTOR JABALPUR

JUDGEMENT

(1.) The petitioner. Dr. Mangat Ram Lalwani, is a medical practitioner residing at New Basti, Katni. Admittedly, he is a refugee from West Pakistan and has settled, on rehabilitation, at Katni, He belongs to the area of Jacoba-bad in Sindh.

(2.) By this petition, the petitioner seeks the relief that the order passed by the Collector (Annexure J) cancelling the certificate issued by the Tahsildar in hie executive capacity, showing the petitioner as one belonging to Scheduled Caste, on the ground that the Sindhi refugees coming from West Pakistan have not been declared as members of the Scheduled Caste and that the certificate issued by the Tahsildar was wrong (be quashed). This certificate was obtained for trying to secure an admission to the M.B.B.S. course in medical colleges of this State in the category of candidates of Scheduled Caste. There are certain concessions and preferences granted for the candidates of the Scheduled Caste in respect of admission to the aforesaid colleges by this State.

(3.) The learned counsel for the petitioner has urged that the petitioner, though uses the surname 'Lalwani' was of "Suryabanshi" caste in Jacobabad district in Sindh. He urged that in the school-registers maintained at Katni, there are entries showing him as one belonging to "Suryabanshi" class. He states that the entry had been made on the basis of school certificate obtained from the educational institution of Jacobabad. The learned counsel contended that because the Tahsildar had once issued the certificate, it should have been presumed that it was after necessary enquiry and the Collector was bound to put his counter-signature and he could not again probe into the matter, and also could not cancel the certificate so issued by the Tahsildar.