MADAN PRAKASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS 1 to 4 and 6 have passed Secondary School Examinations as well as Senior School Certificate Examinations from the I Central Board of Secondary Education, as detailed hereunder: Petitioner no. Year of passing Class 10 Year of passing +2 1 2002 2004 2 2003 2005 3 2004 2006 4 1998 2000 6 1998 2000 As far petitioner No. 5 is concerned, she passed Secondary School Examination in the year, 2002 from Jharkhand Secondary Examination Board, Ranchi and I.Sc. Examination, 2004 from Bihar Intermediate Education Council, Patna.

(2.) ALL the petitioners claim to be the members of Scheduled Caste. They also claim to be the local residents of the State of Jharkhand. Petitioners are in possession of Local Resident Certificates and Caste Certificates, issued by the competent authorities in the State of Jharkhand. Pursuant to the advertisement notice, issued by the Jharkhand Combined Entrance Competitive Examination Board for admission to 1st Year Degree Course in Engineering/Medical/Agriculture Stream etc., petitioners applied for their consideration/selection in the Medical Course (M.B.B.S.). It is stated that, all of them submitted their applications before the last date i.e. 7 th March, 2006. Preliminary Examination was scheduled to be held on 23 rd April, 2006 and the Main Examination on 28 th May, 2006. It is alleged that all the petitioners fulfilled the conditions, as contained in Clause 2.1 of the prospectus in respect to the Residential Certificates. Petitioners have placed on record Residential Certificates, issued by the competent authorities in terms of Circular No. 5/Misc. -09/2001 (Domicile) P 2691/Ranchi dated 29 th April 2002. It appears that on scrutiny of their applications, the petitioners along with others were issued admit cards for appearance in the Preliminary Examination, which was scheduled to be held on 25 th April, 2006. Petitioners appeared in the said examination and were declared successful. They were also issued admit cards for the Main Examination, scheduled to be held on 28 th May, 2006. After the Main Examination, petitioners were asked to appear for their first counseling, initially scheduled to be held on 13 th July, 2006 vide Advertisement No. JCECEB (JCECE) -52/2006 dated 15 th June, 2006 but later postponed to 27 th July, 2006. Petitioners claim to have appeared in the counseling along with original certificates. It is alleged that though no order was passed, communicating the reasons for non -allotment of seats, however, the petitioners were verbally conveyed that they cannot be given the benefit of Caste Certificates, because they are permanent residents of the State of Bihar, although presently residents of the State of Jharkhand. It is stated by the petitioners that all of them were born in the territory of the State of Jharkhand, their schoolings were also completed within the territory of this State and, thus, they are the local residents, as defined fn the prospectus as also in terms of Circular dated 29 th April, 2002, issued by the Department of Personnel, Administrative and Rajbhasha, Government of Jharkhand, Ranchi. It is stated that fathers of petitioners 1 and 2 are the employees of Bokaro Steel Plant, Bokaro and the fathers of petitioners 3 and 4 are also working in the Bokaro Steel Plant and arc residing there since 1987 and 1981 respectively. According to the petitioners, out of 38 seats reserved for Scheduled Tribe candidates, only 12 Scheduled Tribe candidates have been declared successful whereas against 15 reserved seats for Scheduled Caste candidates, 42 Scheduled Caste candidates have succeeded. Petitioners also claim that on the basis of the counseling, they are in the zone of allotment of seats. Petitioners are, accordingly, aggrieved of their non -selection for M.B.B.S. course and have sought a direction for allotment of Medical Seats for the sessions 2006 -07 on the basis of their ranking in the counseling on successful clearance of the competitive examination.

(3.) ON the basis of complaints received, the respondent -Board vide its letter dated 22 nd May, 2006, addressed to the Principal Secretary, Department of Personnel, Administrative and Rajbhasha, Govt. of Jharkhand, Ranchi requested for directions in the matter, particularly in respect to the definition of the expression "Janamvasi". It is mentioned that since the petitioners are permanent residents of the State of Bihar and are local residents of the State of Jharkhand, they are not entitled to the benefit of reservation and, as such, have been considered in General Category. Respondents have also relied upon a judgment, dated 1 st May, 2006, passed by a Division Bench of this Court in W.P.(S) No. 578 of 2004 and analogous cases.