DEEPAK RAJAK Vs. MEDICAL EDUCATION DEPARTMENT & OTHERS

JUDGEMENT

(1.) This is a petition under Article 226/227 of the Constitution of India for quashment of order dated 22.10.2016 passed by State Level Caste Scrutiny Committee thereby holding that the petitioner is not a member of Scheduled Caste. Further prayer has been made for quashment of notice dated 9.2.2017 (Annexure P/2) and notice dated 20.2.2017 (Annexure P/23) respectively issued by Dean and Inquiry Committee, MGM Medical College, Indore calling upon the petitioner to show cause as to why his admission to M.D. Course be not cancelled.

(2.) It may be stated at the very outset that under the Constitution (Scheduled Castes) Order, 1950 published in Gazette of India (Extra-ordinary), 1950, as amended by Act No.108 of 1976 , caste 'Dhobi' (Serial No.22) for Districts Bhopal, Sehore and Raisen falls in the category of Scheduled Caste. In year 2009, the petitioner, on the basis of castecertificate purportedly issued by Sub Divisional Officer, Tehsil Hujur, District Bhopal vide No. 1076/B-14/03 dated 27.7.2003 showing the petitioner as resident of BDA Colony, Amrawad Khurd, Tehsil Hujur, District Bhopal, belonging to Scheduled Caste 'Dhobi' (District Bhopal), procured admission to MBBS professional course in MGM Medical College, Indore. Eventually, he was conferred the degree of MBBS by Devi Ahilya Vishwa Vidyalaya, Indore in year 2013. Thereafter, he appeared in All India Post Graduate Medical Entrance Examination, 2016 and got admission to M.D. Course in Anesthesia under Scheduled Caste category.

(3.) In the meantime, some times in 2010, one Ramprakash Paharia vide his letter dated 25.11.2010 complained to Government of M.P. that the petitioner Deepak Rajak, who is originally domicile of Sagar District and, hence, does not fall within the category of Scheduled Caste, has procured admission in MBBS course in MGM Medical College, Indore on the basis of a forged and fake caste-certificate showing himself as domicile of Bhopal (Madhya Pradesh).