STATE OF BIHAR Vs. KUMARI ABHA

JUDGEMENT

(1.) THE respondent -writ petitioner, Kumari Abha having successfully competed in Pre -medical and Dental Test, was admitted in the 1st Year M.B.B.S. Course in M.G.M. Medical College, Jamshedpur for the sessions, 1993 -92. Subsequently a notice vide letter No. M,C./ 73/94 dated 3rd February, 1994, was issued on her alleging submission of forged S.C. certificate, she being not a S.C. On receipt of reply the "Deputy Secretary, Health Medical Education and Family Welfare Department, Government of Bihar, Patna vide impugned letter No. 250 (26) dated 18th October, 1996 ordered to cancel her admission.

(2.) THE learned single Judge by impugned judgment dated 15th August, 1997, allowed the writ petition, CWJC No. 3928/ 1996 (R), as was preferred by her.set aside the order dated 18th October, 1996, allowing Kumari Abha to pursue her studies and to appear in all examinations.

(3.) ADMITTEDLY , writ petitioner -Kumari Abha born in a kurmi family, a member of other Backward Class (O.B.C.). The case of writ petitioner -Kumari Abha was that she was adopted at the age of 5 years by one Late Ramdin Ram, a member of Scheduled Caste (S.C.). After her adoption, since her 5 years of age, she was brought up by her adopted parents. Late Ram Ramdin Ram got her admitted in Schools and Colleges wherein in the records her fathers name has been shown as Ramdin Ram.