TRIBAL MEDICAL ASSOCIATION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN both these petitions, following common questions have arisen for consideration:

(2.) THE short facts leading to filing of this writ petition are as follows: Savita Bala Tuti, the petitioner, was born in Ranchi on 12.2.1986. She studied in Loreto Convent, Ranchi, a very reputed school, and passed the School Final with high first class in I.C.S.E. in 2002. The petitioner's father, Jagpati Tuti, belongs to a very interior village of Khunti, Ranchi District. He belongs to Munda community, Scheduled Tribe. Similarly, petitioner's mother, Sashi Bala Tuti, Munda, also belongs to the same Munda community. The petitioner is born and brought up in Patra Toli, Namkom, Khijri. Since the petitioner belongs to Khunti originally due to her father's native place, she sought the Caste Certificate and Residence Certificate from the Welfare Department. Accordingly, S.D.O, Khunti, issued a Residence Certificate as well as Caste Certificate showing the petitioner as a Member of Munda, Scheduled Tribe Community. The petitioner, after passing the Intermediate Course from St. Xavier's School, Ranchi, appeared in the Jharkhand Combined Entrance Competitive Examination, 2006. She passed preliminary Examination and thereafter she was allowed to appear in the Main Examination. In that Main Examination also, she passed.

(3.) THE entire argument made by the counsel for the petitioner is on the strength of the recent judgment of the Supreme Court in Anjan Kumar V/s. Union of India and Ors. 2006 AIR SCW 888.