RAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dr. Ravinder Kumar Kamboj, M.B.B.S., has invoked the writ jurisdiction of this Court for admission to the M.S. (Surgery) Course, in the Government Medical College, Patiala, for which Course he has already been selected and placed at number 3 in order of merit against the quota meant for members of the Backward Classes.

(2.) The petitioner passed his M.B.B.S. Examination in December, 1986 and completed his House Job (in Surgery) and Orthopaedics) on 1st January, 1989. He applied for admission to M.D/M.S. Course as a member of Kamboj Community, which is a backward class, stating that his family income from all sources did not exceed Rs. 6000/- per annum. The certificate obtained by him from the Sub-Divisional Officer (Civil), Abohar, to the effect was appended to his application. Interviews were held on 21st March, 1989, and one Dr. Rupinder Kaur was placed at number 2 amongst the Backward Classes' candidates and the petitioner was placed at number 3. Since Dr. Rupinder Kaur could not produce the certificate to the effect that she belonged to a Backward Class, admission was not granted to her. Instead of granting admission to the petitioner in place of Dr. Rupinder Kaur, admission was granted to one Dr. Harpinder Singh, respondent No. 4, who belonged to the General Category and not to a Backward Class. Aggrieved against this, the petitioner approached this Court on 29th April, 1989 and notice of motion was issued on 2nd May, 1989. Thereafter during the pendency of the writ petition, on 12th May, 1989, the certificate earlier granted to the petitioner to the effect that he belonged to Kamboj Community, which had been declared a Backward Class by the Punjab Government, and that the income of his family from all sources was less than Rs. 6,000/- per annum, was cancelled.

(3.) In the return filed by the Principal, Medical College, Amritsar, respondent No. 2, the only plea taken is that as the Sub-Divisional Officer (Civil), Abohar, vide his No. 585/SDA, dated 12th May, 1989, has cancelled the income certificate of the petitioner, he has no claim under the Backward Class category. In order to refute the assertion made in the written statement, the petitioner has filed a replication on 14th April, 1990, wherein a detailed mention has been made with regard to the inquiries made by the Tehsil Welfare Officer, Fazilka, and other Revenue Authorities etc., explaining the financial position of the petitioner. It has also been stated that the cancellation of the certificate was behind the back of the petitioner. Along with the replication, a fresh certificate has also been annexed by way of Annexure P.9 which has again been issued by the Sub-Divisional Officer (Civil), Abohar, to the same effect, that is, the petitioner belonged to Kamboj Community which had been declared a Backward Class by the Punjab Government, as verified by the Tehsildar, Abohar, and his family income from all sources did not exceed Rs. 6,000/- per annum.