STATE OF BIHAR Vs. KUMARI ABHA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 18.6.1997 passed in CW.J.C. No. 3928 of 1996 (R) by a learned Single Judge of this Court, whereby he has quashed the order dated 18.10.1996, issued by the Deputy Secretary, Health, Medicine, Education and Family Welfare Department, Government of Bihar, Patna (respondent No. 3 to the writ petition) by which a direction was issued to the Principal, M.G.M. Medical College, Jamshedpur (respondent No. 4 to the writ petition) to cancel the admission of the petitioner respondent in MBBS Courses of 1993. -95 sessions. While admitting the appeal, this Court issued notice to the respondents, including the petitioner -respondent Kumari Abha to show cause as to why the stay be not granted in this case. On 17.12.1998, an application under Sec. 151 C.P.C. has been filed on behalf of the petitioner -respondent for permission to allow her to appear in final MBBS Part II Examination scheduled to be held on 2.1.1989. The said petition was placed on 23.12.1998 and with the consent of the learned Counsel for the parties the stay matter and the said application were ordered to be placed today for final disposal.

(2.) THE facts necessary for disposal of the present matter, which are not in dispute, are that the petitioner -respondent Kumari Abha was born from the wed lock of Ram Lakhan Singh and Chandrakanta Devi in village Oknama, P.S. Deepnagar, District Nalanda, belonging to Kurmi Caste (OBC). Ram Lakhan Singh is at present working as the Superintending Engineer. She is married to Dr. Shambhu Prasad Singh of Kurmi Caste, who is presently posted as the Medical Officer in Bihar Health Service. The case of the writ petitioner, i.e., the sole respondent in this appeal, is that during her childhood she was adopted by a Scheduled Caste Ramdin Ram and his wife Anreji Devi in the year 1973 and an unregistered document being a deed of adoption was also executed in this regard in 1978. Thus by virtue of her adoption she became a Scheduled Castes candidate and is entitled to the benefit of reservation in the matter of admission. She applied for her admission in medical courses for the sessions 1993 -95 and showed herself as a Scheduled Caste candidate. She passed the entrance examination and was selected for admission. She was admitted as a Scheduled Caste/reserved candidate. Certain complaints were received that the petitioner -respondent has obtained the admission by playing fraud. Thereafter, an enquiry was conducted, on the basis of which a show cause notice issued to her and after consideration of the matter, the order dated 18.10.1996, which was challenged in the writ petition, was issued for cancellation of her admission.

(3.) THE stand of the respondents -appellants, i.e. the State authorities, was that her claim of being adopted in the family of Scheduled Caste was false one. The Sada document of adoption is created one. The enquiry report made at the instance of the State Government from the officers of Nalanda and Ranchi clearly shows that she was never adopted by Ramadin Ram and his wife Anreji Devi. The further stand of the State is that in any view of the matter, even if the adoption is accepted for the sake of argument, by virtue of adoption, the petitioner -respondent who was born in backward caste, cannot be treated as a Scheduled Caste candidate.