SONI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeals is directed against the judgment and order of a learned single Judge of this court dated March 30, 1999, in C.W.J.C. No. 7301 of 1998. By the impugned judgment, the learned Judge allowed the writ petition filed by respondent no.5 herein and directed her admission to the Post graduate Medical Course according to her placement in the merit list. It was also held that the admission granted to the appellant as a candidate belonging to most backward category was illegal, since the appellant was not eligible for reservation.

(2.) THE admitted facts of the case are that the appellant herein belongs to a caste by birth to which the benefit of reservation is not extended. As submitted by counsel appearing on her behalf, she completed (sic) for admission for the M.B.B.S. course as a general category candidate. Later the appellant married a person who belongs to the most backward category. She took the Post Graduate Medical Admission Test, 1998, and produced a caste certificate showing her as belonging to most backward category. On that basis she was admitted to the course treating her as a candidate belonging to reserve category against the quota meant for most backward category candidates. She had obtained 621 marks in the Post Graduate Medical Admission Test, while respondent no.5, who admittedly belongs to the most backward category, had secured only 570 marks.

(3.) THE learned Judge has allowed the writ petition following the two judgment of the Supreme Court reported in AIR 1996 S.C.1011 (Mrs. Valsamma Paul V/s. Kerala Public Service Commission) and (1998) 9 SCC 217 (State of Tripura and ors V/s. Namita Majumdar).