SARWA MANGLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present writ application to cancel the admission of Respondent no.5 '' Dr. Soni in the Post -Graduate Course of Gynaecology and Obstetrics in the Patna Medical College, Patna and for her admission against the seat becoming vacant due to cancellation of her admission.

(2.) THE facts, which are not in dispute, are that the petitioner and respondent no.5 both passed the M.B.B.S. examination and both of them applied for their admission to Post -Graduate Course in the year 1998, which is known as P.G.Mat. 1998. The examination tor admission in the aforesaid course was held on 29.3.1998 and the result whereof was published on 21.4.1998. The petitioner is a most Backward category candidate and her position in the merit list under the aforesaid category is 12th as she has secured 570 marks, Respondent no.5 is a general category candidate and she has secured 621 marks in the test and her position in the general category candidate is 184. The said fact is borne out by the merit list, a copy of which has been appended as Annexure 1 to the writ application.

(3.) ACCORDING to the petitioner, she was not selected tor admission in the said Course though her position was 12th in the merit list of Most Backward Category candidate. The candidate at serial nos. 7 and 11 under the Most Backward Category were admitted in the said Department in Ranchi Medical College and Darbhanga Medical College, respectively, and in the Patna Medical College, in the said Department, Respondent no.5 was admitted on the basis of her claim as Most Backward Category candidate. It is asserted that Respondent no.5 is a general category candidate but she has claimed as Most Backward Category candidate only on the ground that she was married with a boy belonging to Most Backward category caste. The petitioner has challenged her admission on the ground that she being a general category candidate cannot take benefit of reservation provided for Most Backward Category candidate only on the ground of her marriage with a Most Backward Category boy. By virtue of a marriage with a Most Backward category boy, a girl of forward community cannot become a member of the Most Backward community.