JAGTESWAR SINGH BANGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner applied for admission to any one of the Medical Colleges mentioned by the State of Orissa for the session 1975-76, but his application was rejected. By this 'writ petition he prays that the opposite parties State of orissa and Convener of M. B. B. S. Selection Board be directed to admit him in any of the aforesaid colleges as his application for admission was rejected without any valid ground. The petition is opposed. Two main grounds urged in support of the rejection are firstly that in terms of the Home Department Resolution No. 38-Reforms dated january 18, 1949, the petitioner was not able to speak Oriya and even though a literate person was also not able to read and write this language, and secondly that in terms of the same notification no adequate proof was produced by him to satisfy the authorities that he was a permanent resident of the province of orissa, namely, that one of his parents had lived in the Province of Orissa for a minimum period of 12 years.

(2.) AS for the first ground the learned Standing Counsel appearing for the opposite parties faced with the provision of Clause (2) of Article 29 of the constitution conceded that the rejection of the petitioner's application on the ground of language, i. e. , he was unable to speak or read and write Oriya was not sustainable, but as for the second ground he urged that no exception could be taken to the decision of the appropriate authorities.

(3.) WE have seen the original application. The printed application form requires two declarations to be furnished, both as indicated in the form. The first declaration is the undertaking by the father/legal guardian of the applicant that he would see that his son/ward abides by the rules of the college and hostel attached to it and pays all fees, deposits, etc. in the college as per rules. The second declaration is in the following terms:-