ASHUTOSH BISWAS Vs. STATE

JUDGEMENT

(1.) The petitioner having failed to secure admission into R.H.S. Course of the current year even though he had been selected for the purpose and had been called upon to take admission, has approached this Court for issue of a mandamus for the desired relief. The facts of the case, which are not in dispute, are that the petitioner's father is an employee under the Central Government and was posted to Orissa from 16-4-66 to 21-1-76 and is again continuing in this State from 10-7-80 till date. The petitioner has almost been entirely educated in Orissa having passed the High School Certificate Examination, I.Sc. Examination and the M.B.B.S. Examination in this State and had also joined as an Assistant Surgeon in the State Medical Service on 19-12-87. He made an application for a seat in the R.H.S. Course for the year 1987-88 in any of the Medical Colleges of the State in the prescribed form issued in pursuance of the proposition (Annexure-1) approved by the Government. The application was complete in all respects and therein the petitioner had categorised himself as the son of a Central Government employee and had sought to avail the benefit of a reserved seat as a Scheduled caste candidate. An intimation was issued to him on 31-12-87 by the Convener of the Selection Committee-cum-Principal, M.K.C.G. Medical College, Berhampur intimating of his having been provisionally selected for admission into the R.H.S. assignment in General Medicine at the M.K.C.G. Medical College, Berhampur and directing him to report for admission on or before the 20th of January 1988. On receipt of that intimation the petitioner resigned from service. The resignation was accepted on 13-1-88 and he was relieved on 17-1-88 to join the R.H.S. course at the M.K.C.G. Medical College, Berhampur. He thereafter appeared before the convenor on 19-1-88 for taking admission and executed the necessary agreement, bond and undertakings and as required, was also medically examined and found fit. He also submitted the original of his caste certificate as per the direction in the intimation, Annexure-3. The caste certificate, Annexure-2 was from the Sub-divisional Officer, Ranaghat, in the district of Nadia, West Bengal showing the petitioner as belonging to "Namasudra" caste. He was however not admitted and was directed to obtain a caste certificate from an authority in Orissa by 10th Feb., 1988. The petitioner obtained another caste certificate, Annexure-4 from the Tahasildar, Puri and armed with such certificate met opposite party No. 3 on 27-1-88, but was informed that since he was a Scheduled caste belonging to the State of West Bengal, he was not entitled to be admitted against a seat reserved for Scheduled castes in Orissa. Since his repeated requests to admit him failed to persuade the authorities, he has found no other alternative than to approach this Court invoking its extraordinary jurisdiction.

(2.) A counter-affidavit has been filed on behalf of all the opposite parties who are respectively the State of Orissa, the Director of Medical Education and Training, Orissa and Chairman of the Post Graduate Medical Selection Committee-cum-the Convenor of the Selection Committee justifying their stand of the petitioner being ineligible for admission as a Scheduled caste candidate. Reliance for the purpose has been placed on a communication from the Central Government to the Chief Secretaries of all States on 22-2-85 and a letter from the Deputy Director-cum-Deputy Secretary to the State Government, Harijan and Tribal Welfare Department to all the Heads of Departments and others on 7-7-85. In the first letter, Annexure-A, the Central Government has issued a directive that a Scheduled caste/tribe person who had migrated from one State to another for the purpose of employment, education, etc. is to be granted caste certificate by the prescribed authorities of the State of migration on production of a genuine certificate issued to his father by the prescribed authority of the State from which the migration has taken place and that such certificate shall be issued irrespective of the question whether he can be classified as a Scheduled caste tribe in that State. It was however made clear that such person shall be deemed to be Scheduled castes /tribes of the State of his origin and would be entitled to derive benefits in that State but not from the State to which the migration has taken place. The second letter, Annexure-B, reiterates the same position that in accordance with the decision of the Government of India the Scheduled caste/tribe candidates belonging to other States are not eligible to benefit of education and employment in the State of Orissa even on production of prescribed caste certificate. It is thus urged by the learned Addl. Government Advocate that since the petitioner is admittedly a resident of the district of Nadia in West Bengal he cannot be regarded as a Scheduled caste of the State of Orissa and hence is disentitled to be admitted against a reserved seat in this State and that reservation contemplated under the prospectus in respect of Scheduled caste/tribe candidates can only mean reservation in favour of Scheduled caste/tribe population of the State which has also been clarified in the aforesaid Government decisions and hence the petitioner is not entitled to any relief.

(3.) It has been strenuously contended by Mr. Sarengi, learned counsel appearing for the petitioner, that the petitioner being admittedly a 'Namasudra' which caste is also a Scheduled one in the State of Orissa, no discrimination can be practised against him to refuse admission merely because he is a permanent resident of the State of West Bengal, since his father has been continuing as an employee of the Central Government in this State for a pretty long period and he has not only completed his entire education in this State but was also an employee of the State Medical Service. Reliance has been placed by him in support of his contention on ILR (1977) Madh Pra 423 Joginder Singh Bhatti v. Controller, Pre-Medical Examination (1973), Bhopal wherein it has been held that a person belonging to 'Chamar' community which is a Scheduled caste both in Punjab and in Madhya Pradesh, is entitled to be regarded as a member of the Scheduled caste also of the State of Madhya Pradesh for the purpose of admission into the Medical Colleges of that State.