CHANDER BHAVE Vs. STATE OF H.P.

JUDGEMENT

(1.) COMMON questions of law and facts are involved in these two writ petitions and, therefore, they are being disposed of by a common judgment. Whether reporters of Local Papers may be allowed to see the Judgment?

(2.) POST Graduate Degree and Diploma Courses are conducted by Indira Gandhi Medical College, Shimla. For the session 2002-2003 admissions were sought to be made for Post Graduate Degree Courses in different faculties. Two seats were available in Obstetrics & Gynecology faculty, one of which was reserved for Scheduled Tribe candidates. Last date for submission of applications was 11.12.2002. Entrance test was conducted on 29.12.2002. Three candidates including the petitioners in these two writ petitions, who applied for admission against the seat reserved for Scheduled Tribe candidates, qualified the entrance test. The candidate, who was on the top in order of merit, did not join. Dr. Chander Bhave (petitioner in CWP No. 1227 of 2004) was second in order of merit, while Dr. Rohini Rao (petitioner in CWP No. 145 of 2004) was third. Both of them were called for counselling. Dr. Chander Bhave, being above Dr. Rohini Rao in the merit list, was admitted. Dr. Rohini Rao objected to the admission of Dr. Chander Bhave on the ground that he did not belong to a Scheduled Tribe and that the certificate dated 19.9.2001 (Annexure P-1 in CWP No. 1227 of 2004), produced by him, was not correct. When no heed was paid to her objection, she made representations. Ultimately an enquiry was conducted by the Executive Magistrate and it was found that Dr. Chander Bhave though a 'Gujjar' by caste, members of which caste, residing in old Himachal area, have been notified as belonging to a Schedule Tribe, was not a Schedule Tribe as neither he nor his father was a resident of old Himachal, but his father was a resident of a village falling in Bangana Tehsil of Una District, which was merged with Himachal Pradesh on the reorganization of the erstwhile State of Punjab. Consequently the certificate Annexure P-1 was cancelled. Dr. Rohini Rao, after the cancellation of the said certificate, approached respondents No. 2 to 4 (in CWP No. 145 of 2004) for cancelling the admission of Dr. Chander Bhave to the Post Graduate Course in Gynecology & Obstetrics and her own admission to the said Course against the seat reserved for Scheduled Tribe. When there was no response, she filed Civil Writ Petition (CWP No. 145 of 2004) seeking a direction to the respondents to cancel the admission of Dr. Chander Bhave in Gynecology & Obstetrics P.G. Course against the seat reserved for Scheduled Tribe and to admit her against the seat vacated by the cancellation of admission of Dr. Chander Bhave.

(3.) IN CWP No. 145 of 2004 an application had been moved seeking interim direction to respondents No. 1 to 5 to admit the writ petitioner (Dr. Rohini Rao) against the seat reserved for Scheduled Caste candidate in Obstetrics & Gynecology P.G. Degree Course, after cancelling the admission of respondent No. 6. This Court, vide order dated 29.4.2004, ordered respondents No. 1 to 5 to counsel the writ petitioner (Dr. Rohini Rao) and in case she was found to be eligible on such counselling, to admit her against the seat reserved for Scheduled Tribe candidate as respondent No. 6's admission on account of cancellation of his Scheduled Tribe certificate stood invalidated. This order was challenged by Dr. Chander Bhave (respondent No. 6 in CWP No. 145 of 2004 & petitioner in CWP No. 1227 of 2004) in the Hon'ble Supreme Court. The Hon'ble Supreme Court, vide order dated 1.10.2004, held that the High Court order could not be faulted in so far as it said that respondent No. 6 could not be permitted to rely on the admission made on the basis of the nonexistent caste certificate, but placing reliance upon its earlier judgment in Medical Council of India vs. Madhu Singh and others, [2002 (7) SCC 258], held that the High Court order directing the admission of the petitioner (Dr. Rohini Rao) against the vacancy for the academic session 2003-2004 was not sustainable and consequently the order was modified to the extent that the admission of the writ petitioner (Dr. Rohini Rao), pursuant to the interim order, was to be treated to be one for the session 2004-2005. At the same time Medical Council of India was ordered to be impleaded as respondent in the writ petition.