STATE OF BIHAR Vs. ANIL KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the State of Bihar and is directed against the judgement and order of a learned Judge of this Court dated 11th March, 1998 in CWJC No. 8576 of 1997. The learned Judge allowed the writ petition preferred by the respondent herein and quashed the impugned orders dated 24-5-1997, (Annexure-7), and the subsequent order dated 8th of September, 1997 whereby it was directed that the respondent shall not be allowed to appear in the final MBBS examination in view of the pendency of inquiry in relation to the caste certificate produced by him. The said admission was later cancelled on the ground that the caste certificate furnished by the respondent had been found to be forged and fabricated. The learned Judge noticed that from the inquiry report it appeared that the authorities were under the impression that the respondent was admitted on the basis of the caste certificate issued by the Sub-divisional Officer, Hilsa on 7th September, 1990 whereas in fact the respondent was admitted on the basis of a caste certificate issued by the Circle Officer, Hilsa on 4-1-1991. Since the authorities had proceeded on a wrong factual assumption, the impugned order was quashed.

(2.) The State of Bihar has preferred this appeal and it was contended on behalf of the State that the respondent was not entitled to the benefit of reservation treating him as a candidate belonging to scheduled caste. It was, therefore, submitted that the respondent was wrongly admitted to the MBBS course on the basis of the certificate produced by him from the Circle Officer dated 4-1-1991 certifying him to be a member of the scheduled caste.

(3.) It is necessary to notice a few facts which are in the background. The respondent initially applied for admission to the MBBS course and took the Medical Admission Test, 1990. In that connection, he had produced a caste certificate dated 7th September, 1990 issued by the Sub-divisional officer, Hilsa certifying him to be a member of a scheduled caste. On that basis, he was selected for admission and was granted admission to the MBBS course in the Nalanda Medical College and Hospital, Patna. It was then detected that the caste certificate produced by him was a forged document and had not at all been issued by the Sub-divisional Officer, Hilsa. The respondent, however, did not take admission in the Nalanda Medical College and Hospital, Patna, though he had furnished the form for admission. Later, it appears that a first information report was lodged against the respondent for having furnished a forged document.