ZAHIDA PARVEEN Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) I have heard the learned counsel for the parties on the admission of this writ petition as also on the CMP filed for grant of provisional admission.

(2.) IN the writ petition a very short point is involved. The petitioner had applied for admission to M. B. B. S./B. D. S. Course for the session 1991 92 claiming her right to compete in the category of Gujjar and Bakarwals. Allegedly she had submitted a duly authenticated certificate of belonging to Scheduled Tribes of Gujjar and Bakarwals issued by the prescribed Authority The roll Number slip in the form of Admit Card issued by respondent No 1 depicted G B. (Gujjar and Bakerwal). The petitioner appeared in the Entrance Test and obtained 77 points. She was not, however, selected to the MBBS course. The maximum points obtained by Gujjar and Bakerwal candidates were only 71 points. The cut off point for the Gujjar and Bakarwals category was 61 points. The petitioner was told that she had not been considered as a Gujjar and Bakerwal candidate, but has been considered in the open merit category. She made representations to the respondents which did not bear any fruit -

(3.) THE perusal of annexure 1 to the writ petition shows that Admit Card was sent to the petitioner as a Gujjar and Bakerwal candidate. The perusal of Annexure II shows that a Scheduled Tribe certificate has been issued in favour of the petitioner showing her as a member of Gujjar Caste. The certificate has been issued by the Tehsildar. Annexure III is a certificate issued by Competent Authority showing that petitioner has obtained 77 points." Annexure IV is a letter from the Chairman, Competent Authority addressed to the Deputy Commissioner, Rajouri asking him to send the amended certificate in favour of the petitioner as the Gujjars and Bakarwals have been declared as Scheduled The petitioner has also by medium of an application, produced in the court a copy of the letter by Commissioner -Cum -Secretary to Government, General Department addressed to the Secretary, medical Council of India New Delhi, for allotment of one additional seat in Jammu Medical College, so as to adjust the petitioner The petitioner has also produced a copy of the minutes of the meeting held on 4th. of September, 1991, by the Competent Authority, where under it was decided that in respect of the reserved categories, namely, Gujjar and Bakarwals -BREAK AND RBAL, the certificate issued in the form of Scheduled Tribes would b - entertained. The sum and substance of the petitioners case is that she belongs to Scheduled Tribe, being the member of the Gujjar and Bakarwals community. She had shown herself as such in her application which was supported by a certificate issued by the prescribed Authority. Perhaps, due to some in advertance of the Tehsildar concerned, he had not issued the certificate in the proper format. Due to the said mistake of Tehsildar, She is made to suffer. Instead of considering her as a candidate belonging to Gujjar and Bakarwals category she was considered in the open merit. In the Gujjar and Bakarwals category, she has secured more points than any other candidate. Even, the Chairman of the Competent Authority as also the Secretary to Government, General Department, have admitted in the letters referred to above, that due to the in -advertance of the Tehsildar, the petitioner has been made to suffer. The respondents have filed their objections, wherein it is stated that the certificate of Gujjar and Bakarwals category was not issued in the required format