BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION BOARD Vs. SUBHASINI

JUDGEMENT

(1.) THE Bihar Combined Entrance Competitive Examination Board being aggrieved by the judgment/order dated 8.7.2003 passed in C.W.J.C. no. 284 of 2003 (Subha Shini & another V/s. The State of Bihar & Ors.) [reported in 2003 (3) PLJR 601] has filed his appeal under Clause 10 of the Letters Patent.

(2.) THE short facts leading to filing of the writ application are that an advertisement was published for admission to M.B.B.S./B.D.S./B.A.M.S./B.H.M.S. courses for the sessions 2002 -2003. Both the writ petitioners applied under Scheduled Tribe quota. Admit cards were issued and in the written test conducted on 11.7.2002 both the petitioners succeeded and thereafter in the counselling held on 24.8.2002 they were declared successful. It appears that in the meanwhile the State Government took a decision to reduce reservation quota from seven percent to one percent of the Scheduled Tribe candidates, therefore fresh counselling was held on 18.10.2002. Each of the petitioners was required to furnish a fresh certificate. But as some doubt crept in, the Controller of Examination of appellant no. 1 required the writ petitioners to show cause till 6.11.2002 explaining the discrepancy in their caste certificate. The parents of the petitioners filed their show cause stating therein that father of the petitioner was residing in Gumla district and on his application the caste certificate to both the writ petitioners by the competent authority was issued. It was however also submitted that the issuing authority because of his lapse could not mention the permanent address of the writ petitioners as Bhabhua district. The Controller of Examination being dissatisfied required the District Magistrate, Aurangabad to verify the genuineness of the caste certificate of the petitioners. The District Magistrate in his turn asked the District Welfare Officer, Aurangabad to verify and report. The said officer directed the Subdivisional Officer to make an enquiry. The Subdivisional Officer obtained the report from the Circle Officer and thereafter required the mother of the petitioners to submit the caste certificates issued by the Subdivisional Officer, Bhabhua. The mother of the petitioners instead of producing the certificate brought certain evidence and certificates in support of their claims relating to their status that they belong to 'Gond ' caste and that they were permanent residents of village Akhlashpur, Bhabhua. The Subdivisional Officer however wrote to the mother of the petitioners cancelling the caste certificates issued to the petitioners treating them as 'Gond '. The Subdivisional Officer also informed the District Magistrate, Aurangabad that the caste certificate issued in favour of the petitioners be cancelled and the Controller of Examination be informed accordingly.

(3.) BEFORE any enquiry could be made by the District Magistrate the appellants have filed this appeal.