FRIDA MINJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) FRIDA Minj applied to sit and take the Bihar Combined Entrance Competitive Examination, 2001 for Grade -A nursing course to any Medical College or hospital in the State of Bihar. She succeeded at the examination and, thus, could receive an assignment for training at a medical college or a hospital in accordance with the merit -cum -choice criteria on the gradation which she had received at the examination.

(2.) THOUGH successful yet she was denied an admission on the ground that she does not fulfil the requisite conditions contained in the prospectus for 2001, particularly clauses 4.2 and 6.2.

(3.) UNDER clause 4.2 the appellants parents should be native of Bihar. Her parents are dead. Now she is being confronted with a situation that she is perhaps a native of Jharkhand State which was created after the bifurcation of Bihar in November, 2000. May be her parents had originally resided in that part of the State which today is Jharkhand but what exactly is the sin of the appellant, Frida Minj, that with her parents dead someone will tell her where her residence may be. She took her examinations at Gaya from High School Muradpur in 1999. She was examined by the Bihar School Examination Board, Patna. This is on record of both the writ petition and the Letters Patent Appeal. She took her Intermediate examination from M.S.Y. College, Gaya. The examination was held in February, 2001. The examination was conducted by the Bihar Intermediate Education Council, Patna. Frida Minj cannot be attributed to any other residence except in Bihar. In the circumstances, the aspect of her parents being native of another area is irrelevant. There is no citizenship of States under the Constitution of India.