SHANTI MARGRET HARUN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) . The writ petition has been preferred by the petitioners for direction on the respondents to admit them in the Auxiliary Nursing and Midwife School, Dhanbad (ANM for short), they having found successful and selected against reserved Scheduled Tribe category.

(2.) THE case of the petitioners is that in pursuance is that in pursuance of advertisement published in newspaper Hindustan dated 27th March, 2002, they applied for admission in ANM course. Initially, the respondents took decision to hold competitive test but later on such decision was modified and intimated vide notice published in newspaper Prabhat Khabar on 6th April, 2002, wherein it was mentioned that the select list will be prepared on the basis of marks obtained in matriculation examination instead of written test. Thereafter, a Selection Committee selected candidates on the basis of matriculation marks and published list of successful candidates including the list of Scheduled Tribe candidates, vide notice published on 7th April, 2002. The petitioners being successful Scheduled Tribe candidates were called for and they turned up on 10th April, 2002 with all their original certificates for admission but the Principal, ANM School, Dhanbad after verifying all certificates and medical examination refused to admit them on 11th April, 2002 on the ground that they are not original residents (Moolvasi), their names having not recorded in 1932 Survey Records.

(3.) IN spite of order passed on 6.9.2002, no counter affidavit has been filed by the respondents.