VED PRAKASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner belongs to 'Sudhi' Caste falling under BC -II Category earlier. The caste 'Sudhi' was changed from BC -II Category to BC -I Category by Notification of the State Government issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand on 18.12.2015. Petitioner had obtained the caste certificate of BC -II Category earlier, on the basis of which, he made an application on 21.12.2015 for admission in Post Graduate Medical Admission Test - 2016 conducted by the Respondent No. 4 - Jharkhand Combined Entrance Competitive Examination Board, Govt. of Jharkhand before the cut -off date prescribed for making such application i.e. 11.01.2016.

(2.) Respondent Board issued an advertisement on 01.02.2016 to enable the candidates who had some complains relating to error in the admit card with regard to the name, father's name, category, date of birth, etc to be made by 09.02.2016. Petitioner appeared in the written exam as BC -II candidate on 07.02.2016 and made a request for change of his category to BC -I Category only on 09.03.2016. He also produced caste certificate of 'Sudhi' Caste BC -I Category issued by the Sub Divisional Officer, Ramgarh on 14.03.2016. His request was declined by Annexure - 8 letter dated 15.03.2016 issued by the Respondent No. 5 - Administrative Officer, Jharkhand Combined Entrance Competitive Examination Board, Govt. of Jharkhand having been made beyond the cut -off date 09.02.2016.

(3.) Learned Senior Counsel for the petitioner has harped upon the condition contained in the advertisement inviting application dated 01.12.2015 bearing no. 99 (Annexure -1). The condition relating to reservation has been prescribed therein, as per which, for the selection of candidates for admission in Post Graduate Medical Degree / Diploma Courses, Reservation Policy / Rules of the Government of Jharkhand prevailing on the date of commencement of counselling will be applicable. Counselling in respect of the aforesaid admission has started sometime in this month i.e. May 2016, as per submission made by the counsel for the respondent Board. Petitioner has relied upon the judgment rendered by the Apex Court in the case of Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board & Anr. Reported in [2016 (2) JBCJ 19 (SC)]. He submits that the benefit of reservation of BC -I Category, should not be denied to the petitioner in teeth of the Constitutional provisions and judgment also relied upon by the Apex Court in the case of Ram Kumar Gijroya (Supra). It is not a case where petitioner on his own sought to effect change in his caste. The change in his caste has been occasioned on account of Notification of the State Government itself issued on 18.12.2015, of which petitioner only after sometime came to know and obtained BC -I Caste certificate. Therefore, Insistence on the cut -off date should not be imposed by the respondent Board.