VIMAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions on behalf of the same petitioner and with respect to the same dispute have been heard together and are disposed of by this common judgment.

(2.) C.W.J.C. No. 9946/98 has been filed for quashing a notice, dated 7 -11 -98, by the Principal, S.K. Medical College Muzaffarnagar (hereinafter called 'the College') calling upon the petitioner to furnish required information pursuant to letter No. 1433/ 98 dated 18 -9 -98 failing which his rotating Internship may be terminated. Copy of the notice has been enclosed as Annexure -10 to the petition. C.W.J.C. No. 844/2001 has been filed for quashing the order of the Principal of the College dated 12 -2 -2001 cancelling admission of the petitioner to the MBBS course with immediate effect. Copy of the order has been enclosed as Annexure 1 to the petition. It has also been filed as Annexure 13 to IA No. 3177/2000 (in C.W.J.C. No. 9946/98).

(3.) The case of the petitioner is as follows. The petitioner is a resident of village Pongura in Ranchi district. He belongs to Kisan community, a Scheduled tribe, though the title (or surname?) of the family is Manjhi because the ancestor Banmali Manjhi was rscorded as Manjhi in the Record of Rights in 1930. He appeared at the Medical and Dental Admission Test (MDAT) 1989 and was selected for admission. On 4 -4 -90 he was admitted to the 1st MBBS course in S.K. Medical College, Muzaffarpur in the Session 1989 -90. At the time of admission, he had produced caste certificated issued by the District Welfare Officer, Ranchi under his Memo No. 52/89 dated 23 -6 -1989 and a similar certificate issued by the Deputy Commissioners Executive Magistrate, Ranchi under Memo No. 1784 dated 7 -9 -1989. He completed the 1st MBBS course, but was prevented from filling, up the examination form which was to commence on 4 -4 -91, in view of letter No. 2171 (4) dated 13 -11 -90 by the Scheduled Castes, Scheduled Tribes and Paharia Welfare Committee of the Bihar Legislative Council. On 30 -5 -91 his admission was cancelled and he was expelled from the College. He filed CWJC No. 4776/92. By order dated 13 -8 -93 said impugned order was quashed with a direction to the District Welfare Officer, Ranchi to make an enquiry in respect of the caste of the petitioner. On 2 -3 -94 the District Welfare Officer, Ranchi informed the Principal of the College that the petitioner belongs to Kisan community. The petitioner was thus allowed to continue and complete MBBS course which he passed in 1997 -98. On 7 -4 -98 he was also granted provisional registration by the Bihar Council of Medical Registration. Meanwhile posts of Civil Assistant Surgeon in the Bihar Health Service were adveristed by the Bihar Public Service Commission. The petitioner applied for return of the certificates from the College authorities. At this stage, on 18 -8 -98 he was asked as to the steps he had taken in CWJC No. 4776/92. On 9 -10 -98 the petitioner replied stating that the District Welfare Officer, Ranchi had already sent report on 2 -3 -94. He enclosed photo copy of the said report with the reply. On 7 -11 -98 another communication (impugned in CWJC No. 9946/98, as indicated at the outset) was issued to furnish information failing which his Internship may be terminated. On 12 -2 -2000 the admission was cancelling giving rise to the second writ petition i.e. CWJC No. 844/200i.