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 Central Board of Secondary Education, as detailed hereunder : <FRM>JUDGEMENT_63_AIR(JHAR)_2007Html1.htm</FRM> 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 tothe 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. 7th March, 2006. Preliminary examination was scheduled to be held on 23rd April, 2006 and the Main Examination on 28th 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. Pettioners 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 29th April, 2002. It appears that on scrutiny of their application, the petitioner along with others were issued admit cards for appearance in the Preliminary Examination, which was scheduled to be held on 25th 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 28th May, 2006. After the Main Examination, petitioners were asked to appear for their first counselling, initially scheduled to be held on 13th July, 2006 vide Advertisement No. JCECEB (JCECE)-52/2006 dated 15th June, 2006 but later postponed to 27th 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 in the prospectus as also in terms of Circular dated 29th 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 are 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 counselling, 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 counselling on successful clearance of the competitive examination.

(3.) Claim of the petitioners for their admission to the professional course is disputed by the respondents in the affidavit, filed by the Officer on Special Duty, Jharkhand Combined Entrance Competitive Examination Board, Ranchi, It is stated that a complaint was received from the successful candidates by the Controller of Examinations of the Board regarding seeking admission under reserved category on the basis of forged and fake Caste and Residential Certificates. Some roll numbers were also mentioned in the said complaint. It is further mentioned that all the petitioners are permanent residents of Bihar, as is evident from their application forms, wherein, their permanent residence are shown to be in the State of Bihar. According to the averments, made in the counter, another complaint was also received by the Secretary, Personnel, Administrative & Rajbhasha Department, Government of Jharkhand, Ranchi and instructions were issued to the Jharkhand Combined Entrance Competitive Examination Board, Ranchi to strictly follow the order of the High Court in this regard, in the matter of admission. Vide Notification dated 26th May, 2006 it was further directed by the Deputy Secretary, Department of Personnel, Administrative & Rajbhasha, Govt. of Jharkhand, Ranchi. to follow the Departmental Circular No.7072 dated 30th December, 2002. This circular, inter alia, provides that benefit of reservation be allowed only to such Scheduled Caste. Scheduled Tribe and other Backward Classes, who are so declared of the State of Jharkhand. Benefit of reservation be given on the basis of Caste Certificate, issued by the competent authority in the State of Jharkhand. It further says that where a certificate is issued before creation of the State of Jharkhand by the competent authority, situated in the territory now forming part of the State of Jharkhand, same may also be recognized.