MIR IMRAN NAZIR Vs. STATE OF J&K

JUDGEMENT

(1.) ORDER No. 2 -CAEE of 2001, dated 16.1.2001 has been questioned in the present writ petition, whereby the petitioners admission to MBBS course under R.B.A. (Resident of Backward Area) category in Govt. Medical College, Srinagar has been cancelled on the ground that he procured R.B.A. Category certificate on showing himself to be the resident of the village Achagosa Bamnoo, Tehsil and District Pulwama, whereas he is resident of Village Pingllana, Pulwama which is not a backward area. It is further stipulated in this order that on the basis of a complaint received against the petitioner a detailed investigation was made by the State Vigilance Organization and the above mentioned facts have come to light. It is also stated that one Nazir Ahmed Miris residing at village Achagosa Bamnoo and is having two sons, one is labourer another is student of 7th class. It has been concluded that the petitioner is not resident of village Achagosa Bamnoo and thus do not belong to 'Backward Area. His admission made under Roll No. 95038 as student of MBBS in Government Medical College, Srinagar under R.B.A. Category has been ordered to be cancelled and the petitioner ousted from the course.

(2.) PETITIONER has come to this Court challenging the aforesaid order on variety of grounds. It is stated that the petitioner secured 182 marks in the competitive examination as per the select list issued by the Competent Authority Entrance Examination for admission to various courses including M.B.B.S. His admission was under R.B.A. category to which he belonged and had produced a certificate issued by the Competent Authority after holding a detailed inquiry in terms of SRO 126 of 1994. Petitioner has further stated that he is victim of some misunderstanding. Name of petitioners father is "Nazir Ahmed Mir" and name of his maternal uncle is also "Nazir Ahmed Mir". Petitioner claimed to have been taken in adoption by his maternal uncle immediately after his birth and since then he has been residing at village Achgosa Bamnoo. This fact according to the petitioner is borne out from the Permanent Resident Certificate issued by the Deputy Commissioner, Pulwama where besides name of his father, the name of the village Achagosa Bamnoo is also mentioned. He has further relied upon 'Shajra Nasab of the adopted father. According to the petitioner in the year 1994 he approached Tehsildar, Pulwama, the Competent Authority for grant of R.B.A. certificate, he being resident of village Achagosa Bamnoo, Tehsil and District Pulwama and being the son of Nazir Ahmed Mir of the said village. The Competent Authority after holding a detailed inquiry, including the recording of evidence and issuing public notice, issued Certificate dated 12.9.1994 in favour of the petitioner certifying that he belongs to backward area i.e. village Achagosa Bamnoo. He has claimed that he is the genuine resident of the said village which is backward area as notified by the Government and on the basis of his belonging to the reserved category and securing 182 marks in the Entrance Examination, he was granted admission to the MBBS Course in the Session 1994 -95 under RBA category. At the time of filing of the writ petition he was a student of pre -final.

(3.) PETITIONER has also alleged that some complaint was lodged by a fictitious body known as Students Vigilance Organization somewhere in Feb. 1995. The said complaint seems to have been forwarded by the then Registrar, Competent Authority, Entrance Examinations on 9.2.1995 to the District Development Commission, Pulwama as well as Director, Prosecution Vigilance Department. Right from Feb. 1995 the matter remained pending with the Vigilance Organization and it is after more than five years when the petitioner was about to complete the course that on the basis of some inquiry said to have been made by the Vigilance Organization the impugned order has been passed. Petitioner has further submitted that he was never associated with any kind of inquiry held either by the Vigilance Organization or the Deputy Commissioner, Pulwama. It was only some time back that he was called by the Principal of the College in his office where he was apprised of the order impugned in the petition and even the copy of this order was not served upon him. After acquiring knowledge of the impugned order he procured a copy of the same and has approached the court through the medium of the present writ petition. He accordingly seeks quashing of the impugned order dated 16.1.2001 with a further direction in the nature of mandamus commanding the respondents to allow the petitioner to pursue his studies leading to the award of MBBS degree certificate on the successful completion of the course, etc.