AMAR SATYAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, prayer of the petitioner Is for quashing the communication dated 20-2-2003 (Annexure-7) of the District Magistrate, Khagaria whereby he has Informed the Principal of S.K.M, Medical College, Mussaffarpur that the petitioner who is studying in the said college, happens to be a member of the backward class by birth and the certificate issued by tht office of the District Welfare Officer that the petitioner belongs to scheduled caste has been cancelled.

(2.) Facts He In a narrow compass, Petitiener happens to be the son of one Chandra Shekhar Prasad Yadav and according to him his father and very cordial relation with llranchl Das, who had only two daughters and far spiritual gain and continuance of elan, said liranehi Das expressed his desire to adopt a son with the consent of his wife which was agreed to by the petitioners natural father Chandra Shekhar Prasad Yadav because he had more than one sons. In consultation with his wife. As agreed, petitioner was given in adoption following the ritual prescribed by the Hindu Law to Blranchi Das and deed of adoption dated 8- 9-1989 was registered. Said Biranchi Das was a member of the scheduled caste (Chamar) and on that basis petitioner claiming himself to be scheduled caste got himself admitted in the MBBS course in the S.K.M. Medical College (for short the College) on a seat reserved for members of the scheduled caste and presently he is studying in the third year of the said course.

(3.) While the petitioner was pursuing his MBBS course, the Principal of the College sent the caste certificate of the petitioner for verification to the District Magistrate. In response thereto the District Magistrate by his letter dated 20-8-2002 (Annexure-5) addressed to the Principal of the College informed him that the caste certificate given to the petitioner on the basis of adoption by Biranchi Das is illegal. The Principal was further informed that steps are being taken to cancel the caste certificate. A copy of the said communication was also sent to the petitioner directing him to submit his explanation in regard thereto. It is relevant here to state that the District Magistrate in the aforesaid communication had observed that the petitioner is being maintained by his natural father Sri Chandra Shekhar Prasad Yadav. As directed petitioner submitted his reply dated 30th September, 2002 (Annexure-6) and denied the allegation that he is being maintained by his natural father. Petitioner asserted that he is being maintained by first daughter of Biranchi Das namely Phekni Devi and in support thereof an affidavit sworn by her was produced. Petitioner stated that he having been adopted by Biranchi Das, a Chamar by caste, belonging to scheduled caste, he shall also be deemed to a member of the scheduled caste and therefore entitled for all the benefits available to such caste and hence the action of the District Magistrate in cancelling his caste certificate and threatened action of the Principal of the College to cancel his admission is illegal and arbitrary.