JYOTI GUPTA Vs. STATE

JUDGEMENT

(1.) These two writ petitions, being identical in nature, on issues of law and fact are proposed to be disposed of by this common judgment. Petitioner is a candidate for MBBS course pursuant to the notifications Nos. 9 arid 10/ 95, dt. 28-4-95 and 6-7-95 issued by the Competent Authority, Entrance Examinations (CAEE) for MBBS/ BDS and BE courses for the session 1995. She secured 130 marks out of 210 in the MBBS course and was considered in the open merit category in which the last female candidate selected had obtained 168 marks. She was naturally not selected. She consequently filed a writ petition OWP No. 642 / 95 seeking direction to the CAEE to consider her in the reserved category of resident of backward area'(RBA) on the basis of a certificate held by her dt. 3-9-85 which certified her to be a resident of backward pocket area in terms of item No. 20 of GO No- 1896-GD of 1973 read in conjunction with GO No. 1499-GD of 1979, dt. 24-7-79.

(2.) It appears that petitioner was considered in the BE course under the reserved category of 'RBA' and figured in the selected candidates' list of this reserved category but she was not later granted admission. She accordingly filed OWP 839 / 95 for a direction to the respondents to admit her in the BE course.

(3.) Petitioner's case in brief is that she admittedly hails from village Jophar, Teh. Ramnagar, which had been declared as a backward area. And, since there was no dispute about her being a resident of backward area, her certificate of being a resident of "bad pocket area" was required to be entertained and accepted even though it had been issued in 1985 by the Tehsildar and on that basis, she was entitled to be considered in the reserved category of "resident of backward area" and, if so considered, she would have made the grade for the MBBS course in this reserved category and was entitled to admission in the BE course on account of belonging to this category. Her further case is that since R.38 of SRO 126/94 which provided for reservation amongst others to the "resident of backward area", saved any action taken or orders issued under the rules, notifications and orders repealed by this SRO and, therefore, the certificate issued to her by the Tehsildar of being a resident of backward area wayback on 3-9-85 was saved by operation of this rule and was to be treated as valid.