KRITIKA RAINA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Dudh Nath Singh for the petitioner, Mr. Ranjan Kumar, learned junior counsel to Standing Counsel No. 2 for respondent no. 2, and Mr. Prashant Kumar Shahi for respondent no. 2.

(2.) ACCORDING to the writ petition, the petitioner appeared at the Bihar Combined Entrance Competitive Examinations for the medical colleges and the engineering colleges of the State of Bihar. The petitioner was a candidate for the medical stream. The first stage of examination were held on 17.4.2005 and the results whereof were published on 7.5.2005. The petitioner passed this stage and appeared at the second stage of the entrance test, which were held on 5.6.2005 and the results were published on 12.7.2005. The petitioners counselling was held on 22.7.2005. The petitioner complains before this Court that she has not been admitted to the MBBS course for the reason that she is not a domicile of Bihar. Her father is an employee of the Punjab National Bank and is working in Bihar ever since April, 1977 and is currently posted at the Banks Branch at Khaira Bhudhan, District -Rohtas. The Banks certificate dated 11.2.2005 is marked Annexure -3 to the writ petition. It is, therefore, submitted that the petitioner has been denied admission on an erroneous ground.

(3.) I have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to me on a perusal of the materials on record that the petitioner could not be admitted to the MBBS course for two reasons. In view of the provisions of the Bihar (Admission in Educational Institution) Reservation Act, 2003 (Bihar Act 16, 2003) provides that the permanent residents of the State of Bihar are alone entitled to benefit of reservation in the State of Bihar. The second ground for which the petitioner has not been admitted to the MBBS course is that she claims to be a member of the "*W caste which, in her submission, is equivalent to "