Judgement ORDER:- In this application for appropriate Writs under Article 226 of the Constitution of India, the petitioner is challenging an order contained in letter No. CSB/116 dated 14th February, 1975, being Annexure-C to the petition. By the said order the admission of the petitioner to the Pre-Medical Course leading to the M. B. B. S. Course was treated as cancelled and steps were taken to strike out the name of the petitioner from the list of students of the Calcutta National Medical College, Calcutta with effect from the date of issue of the said letter. 2. The petitioners case, as made out in the petition, is as follows: The petitioner alleges that she is a member of the family of "Sunris" whose surname is Saha and who originally resided in Bogra, now in Bangladesh. Her fore-fathers were all sellers of wine and belonged to the caste known as "Sunris" and not to the caste known as "Sahas" who carried on large scale business in groceries and who did not belong to the Scheduled Caste but to the Community known as Vaishyas. After partition the petitioners family migrated to the West Dinajpur District in West Bengal. The petitioners family used Saha only as surname and never belonged to the Saha caste. The father of the petitioner, Arun Kumar Saha, was appointed in the year 1953 in the post of Mechanic in the Overseas Communications Service, Government of India, as a member of the Scheduled Caste. It is alleged that at the time of his appointment, the father of the petitioner submitted to the Government of India a certificate dated 11th November, 1953, issued by the Commercial Tax Officer, Central Section, West Bengal, countersigned by the District Magistrate, West Dinajpur on 30th November, 1953, after proper enquiry. It was stated therein that the petitioners father belonged to Sunri caste. On the basis of such certificate the petitioners father was appointed in the Overseas Communications Service and the service book of the petitioners father recorded that he belonged to Sunri caste. A copy the relevant entry from the service book was also produced before this Court. The petitioner is also relying on several other documents and papers in support of her contention that she belongs to Sunri caste. The admitted position is that if she belongs to Sunri caste then she is a member of the Scheduled Caste. A copy the relevant entry from the service book was also produced before this Court. The petitioner is also relying on several other documents and papers in support of her contention that she belongs to Sunri caste. The admitted position is that if she belongs to Sunri caste then she is a member of the Scheduled Caste. It is alleged that the petitioner passed the Higher Secondary Examination (Science) of West Bengal Board of Secondary Education held in 1973 and appeared in the Joint Entrance Examination for admission to Engineering-cum-Medical Colleges in West Bengal. It is alleged that in the said examination the petitioner obtained qualifying marks to apply for admission Medical Colleges and obtained application form from the Medical College, Calcutta to apply for admission to pre-medical course leading to M. B. B. S./B. D. S. degree for the session 1973-74 in any of the Government Medical Colleges in West Bengal, On the 2nd November, 1973, the petitioner applied on the said form and submitted the said form for admission as member of Scheduled Caste to the pre-Medical Course leading to the M. B. B. S./B. D. S. Course for the session 1973-74 with all documents and testimonials and the petitioners application was registered with the Registration No 1145. Along with the said application. the petitioner submitted an attested copy of the certificate dated 19th Feb., 1973, from the Chief Presidency Magistrate. Calcutta certifying that the petitioner belonged and still belongs to Sunri caste which is recognised as a Scheduled Caste under the Constitution (Scheduled Castes) Order 1950. The petitioner further alleges that such certificate was given by the Chief Presidency Magistrate, Calcutta, who is the prescribed authority to grant such certificate in this case, after Police verification. By intimation Card No. C. N. M, C./134 received by the petitioner on 21st December, 1973, the petitioner was informed that she had been "provisionally" selected for admission to the Pre-Medical Course against a reserved seat for Scheduled Castes and Tribes for the session 1973-74 in the Calcutta National Medical College. Pursuant to that order the petitioner got himself admitted into the Calcutta National Medical College on payment of requisite fees. Pursuant to that order the petitioner got himself admitted into the Calcutta National Medical College on payment of requisite fees. It is stated that in view of an order of injunction passed by this Honble Court on the application of other candidates, the admission of the petitioner to the Calcutta National Medical College was not given effect to and the petitioner continued her studies in Bethune College in 3 years Degree Course with Honours in Botany until the said injunction order was vacated. Her admission to the Calcutta National Medical College was given effect to and she was allowed to join the Calcutta National Medical College as a medical student after the order of injunction by the High Court was vacated and the petitioner was transferred to the Pre-Medical Course in the said Bethune College as deputed by the authorities of the Calcutta National Medical College. It is alleged that the petitioner passed the Pre-Medical Examinations held in August 1974 securing an aggregate of 371 marks just 4 marks short of 375 aggregate marks for 1st Division. After completion of Pre-Medical Course the petitioner was admitted to the M. B. B. S. Course in the Calcutta National Medical College and at the time of institution of this case she was reading in the 1st year of M. B. B. S. Course. 3. By a show cause notice dated 23rd March, 1974, issued by the Principal, Calcutta National Medical College who is the Chairman of the Central Selection Board, the petitioner was directed to show cause within 4th April, 1974, why disciplinary action, as suggested therein, including cancellation of examination, should not be taken against her. In the said notice it was stated that the petitioner was provisionally selected for admission to the Pre-Medical Course in the Calcutta National Medical College against a reserved seat for Scheduled Castes/Tribes for the session 1973-74 on the strength of a Scheduled Caste/Tribe certificate issued in her favour by the Chief Presidency Magistrate, Calcutta which was submitted by the petitioner to the Board along with the application form. It was alleged that the Scheduled Castes and Tribes Welfare Department of the Government of West Bengal (hereinafter referred to as the Welfare Department), on enquiry found that the petitioner did not belong to any community of the Scheduled Castes/Tribes of this State. It was alleged that the Scheduled Castes and Tribes Welfare Department of the Government of West Bengal (hereinafter referred to as the Welfare Department), on enquiry found that the petitioner did not belong to any community of the Scheduled Castes/Tribes of this State. It was further alleged that the certificate produced by the petitioner was not regular and it was, therefore, decided that the actions should be taken against the petitioner immediately. Actions proposed consisted of disciplinary action in the shape of cancellation of the petitioners provisional selection to the Pre-Medical Course for the Session 1973-74; withdrawal of the Scheduled Caste certificate already issued to the petitioner and recovery of financial benefit payable to Scheduled Castes and Tribes candidates granted to the petitioner, if any. By a petition dated 2nd April, 1974, the petitioner showed cause and reiterated that she belongs to "Sunri" caste which was a Scheduled Caste under the Constitution (Scheduled Castes) Order 1950. The petitioner also relied on various documents in support of her case. By further letters dated 3rd and 19th April and 18th September 1974, the petitioner made representations to the respondent No. 4 who is the Director of the said Welfare Department. Thereafter on the 14th Feb., 1974, the Chairman, Central Selection Board, passed the impugned order which is set out hereinbelow: "GOVERNMENT OF WEST BENGAL OFFICE OF THE CHAIRMAN CENTRAL SELECTION BOARD AND PRINCIPAL MEDICAL COLLEGE, CALCUTTA. No. CSB/116 D/- Cal., the 14-2-75. To, Sm. Kajari Saha, C/o. Sri Arun Kumar Saha, P-43, Rabindra Sarani Top Floor, Calcutta-1. You were provisionally selected for admission to the Pre-Medical Course in the Calcutta National Medical College, Calcutta against a reserved seat for Scheduled Castes/Tribes for the session 1973-74 on the strength of a Scheduled Caste/Tribe certificate issued in your favour by the Chief Presidency Magistrate, Calcutta, which has been submitted by you to this office with your Application Form. The Scheduled Castes and Tribes Welfare Department of this Government have on enquiry, found that you belong to Baishya Saha Community of this State which is not regarded as Scheduled Caste and as such your admission to the Pre-Medical Course leading to M. B. B. S. Course also is hereby treated as cancelled as a disciplinary measure. The Scheduled Castes and Tribes Welfare Department of this Government have on enquiry, found that you belong to Baishya Saha Community of this State which is not regarded as Scheduled Caste and as such your admission to the Pre-Medical Course leading to M. B. B. S. Course also is hereby treated as cancelled as a disciplinary measure. The Principal, Calcutta Medical College, Calcutta is being informed to strike off your name from list of students of his College with effect from the date of issue of this letter. Sd/_ B. Chakrabarti Chairman, Central Selection Board. Principal, Medical College. Calcutta. Letter date 14-2-1975." 4. This is the order which has been challenged in this proceeding. This Writ Petition was moved, on the 10th March, 1975, before A.N. Sen, J., who directed issue of a Rule Nisi as prayed for. A.N. Sen, J., also passed an ad interim order whereby the respondents were restrained from giving any effect to the said order dated 14th February, 1975, and from interfering with the petitioners studies for the M. B. B. S. Course in Calcutta National Medical College till the disposal of the Rule. 5. In this case an affidavit has been affirmed on behalf of the Central Selection Board by one Pratul Chandra Ghosh on 13-5-1975. He is the Secretary to the Central Selection Board. He has stated in the said affidavit inter alia as follows:- "2 (a) That the petitioner applied on the prescribed Form for admission as a member of the Scheduled Caste to the Pre-Medical Course preparatory to the M. B. B. S./B. D. S. Course for the session 1973-74 with all alleged documents and testimonials and the petitioner had been "provisionally" selected by the Central Selection Board for admission to the Pre-Medical Course against reserved seat for Scheduled Castes and Tribes for the session 1973-74 in Calcutta National Medical College. On being selected, the petitioner took admission in Calcutta National Medical College on 15th January, 1974. On being selected, the petitioner took admission in Calcutta National Medical College on 15th January, 1974. (b) That as per Government order, the Central Selection Board after selecting provisionally" the students for admission to Pre-Medical Course leading to M. B. B. S. Course for the session 1973-74, sent all the supporting documents of the students who claimed themselves as members of the Scheduled Castes, to the Scheduled Castes and Tribes Welfare Department, Government of West Bengal for making necessary enquiries about the genuineness of the Caste certificates produced by the candidates including the petitioner. It took about 13 months to complete the said enquiries made by the Scheduled Castes and Tribes Welfare Department. A true copy of the said Government order is annexed herewith and marked with the letter "A". (c) After making necessary enquiries the Respondent No. 4 sent reports to the Central Selection Board. From the said report it transpires that the petitioner does not belong to the Scheduled Caste community. A true copy of the said report of the Scheduled Castes and Tribes Welfare Department is annexed herewith marked with the letter "B". (d) On the basis of the said report, the Respondent No. 2 issued a Show Cause Notice 3620/12642/I dated 25th March, 1974, to the petitioner directing her to show cause within 4th April, 1974, why disciplinary action should not be taken against her and her selection to the Pre-Medical Course should not be canalled. A true copy of the said show Cause notice is annexed herewith and marked with the letter "C". (e) On receipt of the said show cause notice, the petitioner made representations which were duly considered. After careful consideration, the selection Board passed an order No. CSB/116 dated 14-12-1974 stating inter alia that the Scheduled Caste and Tribes Welfare Department of the Government of West Bengal have on enquiry found that the petitioner belongs to "Baishya Saha" community of the State of West Bengal who are not regarded Scheduled. Caste and as such petitioners admission to the Pre-Medical Course leading to M. B. B. S. course is hereby treated as cancelled as a disciplinary measure. The Principal, Calcutta Medical College, Calcutta is being in formed to strike off petitioners name from the list of students of his college with effect from the date of issue of this letter. Caste and as such petitioners admission to the Pre-Medical Course leading to M. B. B. S. course is hereby treated as cancelled as a disciplinary measure. The Principal, Calcutta Medical College, Calcutta is being in formed to strike off petitioners name from the list of students of his college with effect from the date of issue of this letter. A copy of the said letter is annexed herewith and marked as Annexure "D". (f) This deponent states that the selection and admission to Pre-Medical Course leading to M. B. B. S. course is essentially "provisional" and within the jurisdiction of the Central Selection Board, West Bengal, and as such the Board has the right to cancel the admission of any candidate, who has "provisionally" been selected for such admission, at any stage, if after the selection it transpires that the documents produced by the said candidate are insufficient or not genuine to prove and/or to qualify his or her candidature. Since the said case was started on March 25, 1974, which was long before the commencement of the Pre-Medical Examination of the Calcutta University, the question of passing the petitioners Pre-Medical Course, before the cancellation order is not relevant and does not hold good in support of the petitioners application. (g) This deponent states that the petitioners selection for admission to the Pre-Medical Course was made by the Central Selection Board "provisionally" subject to verification of original documents and since in the petitioners case, on examining the documents and on enquiry it was found that she does not belong to the Scheduled Caste and she belongs to the Baishya Saha, who are not the members of the Scheduled Caste community, the petitioner is not entitled to continue her studies in M. B. B. S. Course as she has got no right to continue her studies against reserved seats for Scheduled Caste candidates and as such her said selection has rightly been cancelled by the Board." 6. Another affidavit has been affirmed in this proceeding by one Ganesh Chandra Ghosh on the 12th May, 1975, on behalf of the respondent No. 4. The defendant is the Chief Regional Inspector, Schedule Caste and Tribes Welfare Department, Government of West Bengal. In the said affidavit he has stated as follows:- "3 (a) That as per Article 341 (1) of the Constitution of India. The defendant is the Chief Regional Inspector, Schedule Caste and Tribes Welfare Department, Government of West Bengal. In the said affidavit he has stated as follows:- "3 (a) That as per Article 341 (1) of the Constitution of India. Presidents Notification specifying the caste etc., to be deemed as Scheduled Caste in relation to the State has been made and in the Constitution of India, the Scheduled Castes Order 1950, was published. In conformity with the provisions laid down in the lineArticles of the Constitution of India there was a publication by the Ministry of Education, Government of India giving the list of Scheduled Castes and Scheduled Tribes in respect of each State recognised for Government Scholarships. In the said publication Part 14 gives the list of Scheduled Castes recognised by the State of West Bengal. In the said list Serial No. 40 shows that "Sunri" should be treated as Scheduled Castes. (b) On receipt of the papers and documents of petitioner along with other students from respondent No. 2, the respondent No. 4 sends the file of the petitioner to the Special Officer, Scheduled Castes and Tribes Welfare West Dinajpur Branch as the petitioners native village and permanent address is in the District of West Dinajpur. (c) The said Special Officer was asked to enquire into the nature of the case the petitioner and report to the respondent No. 4. The Dist Level enquiry was conducted by the said Spl. Officer in local areas or address of the petitioner. On enquiry it was found that the petitioner does not belong to Sunri Saha and as such she is not a member of the Scheduled Caste. The report of the said enquiry was received from the Special Officer in January, 1974, which along with the report of other districts concerning some other candidates was sent to the Chairman, Central Selection Board, by the Director, Scheduled Castes and Tribes Welfare Department under his Memo No. 326-TWDS dated 18th February, 1974. A true copy of the report of the Enquiring Officer dated 22nd December, 1973, and endorsement dated 3rd January, 1974, of the Special Officer thereon is enclosed herewith and marked with the letter "X" " 7. A true copy of the report of the Enquiring Officer dated 22nd December, 1973, and endorsement dated 3rd January, 1974, of the Special Officer thereon is enclosed herewith and marked with the letter "X" " 7. Regarding the certificate given by the Chief Presidency Magistrate it has been stated that though he had the power and authority to issue such certificate, but in the present case the same was issued after the alleged police verification in the town of Calcutta by which it not possible to know the correct nature of the petitioners caste. The petitioners native village is in the district of West Dinajpur and the District Magistrate, West Dinajpur, can issue such certificate after having local enquiry which the office of the respondent No. 4 i.e., the office of the said Welfare Department had done through their District Special Officer and the Local Inspector. It was stated that in order to ascertain the correct nature of the caste of the petitioner it was absolutely necessary to have local enquiry at the petitioners native village which is situated in the district of West Dinajpur. It was denied that the petitioners family is and has always been treated as Sunris belonging to the Sunri caste and not belonging to the Vaishya (Saha) Community. It was further denied that the petitioners caste is included in the list of Scheduled Castes in the West Bengal under the Constitution (Scheduled Castes) Order 1950 (hereinafter referred to as the 1950 Order). It has further denied that the petitioners familys surname of Saha was a well known surname of a large number of families of Sunris caste. It was further denied that the surname Saha of the petitioners family is a surname appertaining to a group within the Sunri Caste. It was further denied that it is only a smaller group within the large caste group of Sunris. It was further denied that the petitioner though a Saha belongs to the Scheduled Caste group of Sunris as laid down in the 1950 Order. It has also stated that the caste of the petitioner has been determined as Baishya Saba by the respondent No. 4 on the basis of the report of the local inspectors which was duly endorsed by the Special Officer of West Dinajpur. It has also stated that the caste of the petitioner has been determined as Baishya Saba by the respondent No. 4 on the basis of the report of the local inspectors which was duly endorsed by the Special Officer of West Dinajpur. It is alleged that the petitioner being a Baishya Saha was not covered by the Circular No. 3003/379/TW issued by the Assistant Secretary of the Welfare Department. The said enquiry report referred to in the affidavit discloses that the Special Officer enquired into the caste of the petitioner and made contact with one Sadananda Saha who has got a shop in the house of Dr. S. C. Saha being the father of the petitioners father Sri Arun Kumar Saha. It appears that Sadananda Saba stated that they themselves and Dr. Saha are Baishya Saha by caste. Dr. Saha also stated that they are Baishya Sahas. Other persons also stated similarly. He submitted the report to the effect that the petitioner did not belong to Sunri Saha. Mr. Bankim Chandra Dutt, learned Advocate appearing in support of the Rule, made the following submissions before me while challenging the validity of the said Order. Mr. Dutt firstly submitted that in this case several documents were produced by the petitioner along with her application for admission including the said certificate granted by the Chief Presidency Magistrate which was issued after Police Verification. The said application was accepted by the authorities concerned and on the basis of the same she was selected for admission to the Pre-Medical Course. Subsequently, she has passed the Pre-Medical Course and has been attending regular M. B. B. S. Course. Accordingly, no authority has any power to reopen this matter and reconsider the question as to whether she belongs to Scheduled Caste or not. Secondly, it was submitted by Mr. Dutt that in any event the Chairman of the Central Selection Board had no authority or jurisdiction to cancel her admission to the Pre-Medical Course. In this connection my attention was drawn to the provisions of Section 4 the relevant Act which specifies the functions of the Board. It was submitted that it does not include the power to cancel any such admission. Thirdly, it was next submitted that the impugned order was bad and illegal inasmuch as it was made in violation of the principles of natural justice. It was submitted that it does not include the power to cancel any such admission. Thirdly, it was next submitted that the impugned order was bad and illegal inasmuch as it was made in violation of the principles of natural justice. It was submitted that it appears that there was an enquiry by the Welfare Department on the basis of which the impugned order was passed. It was submitted that notice of the said enquiry was not given to the petitioner. The enquiry was not held in her presence. Copy of the Report was not also furnished to her. Fourthly, it was contended that even if it accepted that the Chairman had any such power, he has acted on the basis of some extraneous materials. It was submitted that there is no provision in the relevant Act or the Rules for any enquiry or report by the said Welfare Department. The fifth contention of Mr. Dutt was that various materials were placed before the appropriate authorities by the petitioner after the show cause notice was issued. It was contended that authority concerned did not take the same into consideration before taking such decision. This submission is being made on the allegation that the impugned order does not make any reference to the contentions of the petitioner or the materials placed by her. The sixth contention of Mr. Dutt was that no such enquiry is contemplated by the Memorandum copy of which is annexed to the affidavit affirmed on behalf of the respondents Accordingly he submitted that the enquiry held was unauthorised and accordingly no reliance should have been placed on the Report of such enquiry. The seventh submission of Mr. Dutt was that on facts it is incorrect to suggest that the petitioner did not belong to the Scheduled Caste. She belongs to the Sunris though her title was Saha. Actually she was Sunri. The onus is on the Government to show that she was not so which the Government has failed to discharge. There was no legal evidence before the authorities to the contrary. Accordingly, it must be held that the petitioner belongs to Sunri Caste though her surname was Saha. In this context reference was also made to a decision of the Supreme Court in the case of Abhoypada Saha v. Sudhir Kumar Mandal, reported in AIR 1967 SC 115 . It was lastly contended by Mr. Accordingly, it must be held that the petitioner belongs to Sunri Caste though her surname was Saha. In this context reference was also made to a decision of the Supreme Court in the case of Abhoypada Saha v. Sudhir Kumar Mandal, reported in AIR 1967 SC 115 . It was lastly contended by Mr. Dutt that there was non-application of mind on the part of the appropriate authorities having regard to the fact that in this case there is no affidavit by the enquiry officer of the Welfare Department on the basis of whose report the action has been taken or by the Chairman of the Central Selection Board who has passed that order. 8. Mr. S.B. Mukherji. learned Junior Standing Counsel, appearing on behalf of the respondents, has disputed the correctness of each and every contention of Mr. Dutt. The sheet-anchor of Mr. Mukherjis defence was paragraph 24 of the application submitted by the petitioner which is in the statutory form. There it has been stated as follows:- 24. "Declaration by the applicant and Father/Guardian: We declare that all foregoing statements are true to the best of our belief and knowledge. Any statement made in the application form, if found incorrect on scrutiny, will render the application liable to rejection and admission, if granted on the basis of such incorrect statement, will stand cancelled." 9. Accordingly, Mr. Mukherjee submitted that the authority or jurisdiction of the Board to cancel the admission cannot be questioned by the petitioner. Some time is obviously taken to scrutinise the statements made in the admission. That is why her admission was made provisionally as would appear from the relevant documents Accordingly in view of subsequent enquiry it was within the authority of the Chairman to pass such order as he did in the present case. In this connection Mr. Mukherjee also drew my attention to Section 8 of the relevant Act which provides that the decision of the Central Selection Board in the matter of selection and allotment of candidates or in the preparation of the waiting lists shall be final. He submitted that no final decision was taken by the Board for her admission when the impugned order was passed. What was done was merely provisional. He submitted that no final decision was taken by the Board for her admission when the impugned order was passed. What was done was merely provisional. It is true that some time had been taken but the fact still remains that until and unless a final order is passed no right is obtained by any candidate. Mr. Mukherji further submitted that on the materials before the authority concerned the authority has come to a decision after giving an opportunity to the petitioner to make representation regarding the same. There was material before the authority and the petitioner is not entitled to challenge the same in this proceeding. 10. Before I deal with the respective submissions of the parties I think it is necessary to set out the relevant provisions of law by which the present case is governed. The West Bengal Medical and Dental Colleges (Regulation of Admission) Act, 1973, (hereinafter referred to as the said Act) received the assent of Governor on the 13th September, 1973. As amended, the long title of the said Act shows that it was an Act to regulate admission into Medical and Dental Colleges in West Bengal to ensure adequate medical facilities in the districts, to make special provisions for Scheduled Castes and Scheduled Tribes, to make special reservations and to provide for matters connected therewith or incidental thereto. The preamble of the said Act, as amended, was also to that effect. By Section 3 of the said Act the State Government was authorised to constitute a Central Selection Board (hereinafter referred to as the Board). The function of the Board has been specified in Section 4 which is set out herein below:- "4. The preamble of the said Act, as amended, was also to that effect. By Section 3 of the said Act the State Government was authorised to constitute a Central Selection Board (hereinafter referred to as the Board). The function of the Board has been specified in Section 4 which is set out herein below:- "4. The functions of the Board shall be- (a) to hold in every year by itself or through any other authority to be appointed by the Board with the prior approval of the State Government, a Joint Entrance Examination in such manner as may be prescribed and at such time as the State Government may, by notification, announce, for selection of candidates for admission to the Pre-Medical Course; (b) to allot candidates to the different Medical and Dental Colleges in West Bengal on the basis of merit displayed by such candidates in the Joint Entrance Examination and having regard to the preferences indicated by them in their application, and (c) to prepare a waiting list of a reasonable number of additional candidates for filling vacancies of seats, if any, occurring in any Medical or Dental College in West Bengal." 11. Section 5 of the said Act deals with the distribution of seats for new admissions which I set out hereinbelow:- "5. (1) The total number of new admissions to be made to the Pre-Medical Course in each of the Medical or Dental Colleges in West Bengal shall be announced by the State Government in every year simultaneously with the announcement of the date for holding the Joint Entrance Examination. (2) Out of the total number of seats available for new admission in any year the State Government may, by notification, direct that some of these seats are to be reserved for the nominees of the State Government and some for the nominees of donors. (2) Out of the total number of seats available for new admission in any year the State Government may, by notification, direct that some of these seats are to be reserved for the nominees of the State Government and some for the nominees of donors. (3) Out of the remaining seats, that is, after taking into account seats excluded under sub-section (2), 15 per cent, and 5 per cent, of the seats shall be reserved for candidates belonging to Scheduled Castes and Scheduled Tribes respectively of this State: Provided that- (a) if the required number of candidates belonging to the Scheduled Tribes and fulfilling the requisite qualifications are not available the seats remaining vacant shall be filled by candidates belonging to Scheduled Castes who fulfil such qualifications and vice versa, and (b) if the required number of candidates belonging to both the Scheduled Castes and Scheduled Tribes and fulfilling the requisite qualifications are not available the seats remaining vacant shall be treated as unreserved. (4) The seats which Pre-Medical students seek re-admission shall if the regulations in force in any of the Medical or Dental Colleges in West Bengal so require, be excluded from the total number of seats available for new admission as announced under sub-section (1). (5) The seats which remain vacant after taking into account the reservations referred to in sub-section (2), (3) and (4) shall be distributed in the different districts of West Bengal in the number set out in sub-section (6). (6) The number of seats reserved for a district shall bear the same proportion to the total number of seats available in any of the Medical or Dental Colleges in West Bengal as the population of the district bears to the population of the entire State of West Bengal. Explanations 1 and 2 . ............ (7) Notwithstanding anything contained in sub-sections (5) and (6) when the required number of candidates fulfilling the requisite qualifications is not available from one or more districts the seats so remaining vacant shall be treated as unreserved and shall form a general pool which shall be filled up in accordance with the provisions laid down in sub-sections (2) and (3) of Section 6. 12. Section 6 of the said Act specifies the conditions for eligibility for admission. 12. Section 6 of the said Act specifies the conditions for eligibility for admission. It provides, inter alia, that a candidate shall submit his application in such form and comply with such other formalities as may be prescribed. Section 7 provides that a list showing the total number of selected candidates with such particulars as specified is to be hung up an the notice board. Section 8 of the said Act provides that the decision of the Central Selection Board in the matter of selection and allotment of candidates or in the preparation of the waiting lists shall be final. By Section 11 of the said Act the State Government was given the power to make rules for the purpose of carrying out the purposes of this Act. Pursuant to the same, some Rules have been framed by the State Government which are known as West Bengal Medical and Dental College (Regulation of Admission) Rules, 1973 (hereinafter referred to as the said Rules). Rule 3 of the said Rules provides that a Joint Entrance Examination shall be held once in each year in the manner specified by the Board. Rule 4 provides that application for admission to any of the seats referred to in sub-sections (3), (6) and (7) of Section 5 shall be submitted to the Secretary of the Board in CSB Form No. 1 which is annexed to the said Rules. Sub-rule (2) of Rule 4 provides, inter alia, that the application shall be accompanied by a certificate of Scheduled Castes and Scheduled Tribes in CSB Form No. 1-B. Sub-rule (4) specifies the authorities who shall issue the certificate of Scheduled Castes and Scheduled Tribes. This includes the Chief Presidency Magistrate (now Chief Metropolitan Magistrate). Rule 5 provides for the age limit for candidates for admission to the, Pre-Medical Course. Rule 6 provides for the minimum educational qualification for candidates for admission to the Pre-Medical Course. Rule 7 provides for nationality and citizenship of the candidates. There are some other Rules relating to some other matters with which we are not concerned. 13. As already stated the form of application, being CSB Form No. 1, has been prescribed by the said Rules. Item No, 15 thereof provides as follows:- "15. Rule 7 provides for nationality and citizenship of the candidates. There are some other Rules relating to some other matters with which we are not concerned. 13. As already stated the form of application, being CSB Form No. 1, has been prescribed by the said Rules. Item No, 15 thereof provides as follows:- "15. Whether belongs to Scheduled Caste (SC)/Scheduled Tribe (ST) (Strike out portion not applicable) N. B. - If belong to SC/ST attach attested copy of SC/ST certificate from appropriate authority in CSB Form No. 1-B." In the present case the petitioner had stated against Item No. 15 that she belonged to Scheduled Caste and she attached the Certificate of the Chief Metropolitan Magistrate to that effect. Item No. 24 is a very important item which has been set out hereinbelow:- "24. Declaration by the applicant and Father/Guardian. We declare that all foregoing statements are true to the best of our belief and knowledge. Any statement made .in the application form, if found incorrect on scrutiny, will render the application liable to rejection and admission, if granted on the basis of such incorrect statement, will stand cancelled. (Signature of Signature of father/guardian) Signature of applicant) Date ................ Date ..............." On the question as to who are the members of Scheduled Caste, it is necessary to mention that Article 341 of the Constitution of India confers power on the President of India to specify by public notification the castes or part of or groups within castes which shall for the purpose of the Constitution be deemed to be Scheduled Castes. Pursuant to above, on the 10th of August, 1950, the President of India passed the Constitution (Scheduled Castes) Order 1950 setting out in its Schedule the various castes which were declared Scheduled Castes (hereinafter referred to as 1950 Order). It is agreed that at the relevant time Item 40 of Part 13 of the Schedule to the 1950 Order which set out which were Scheduled Castes in West Bengal stood "Sunri excluding Saha". 14. From the Declaration in the Form it is quite clear that one of the conditions of the permission given to the candidates, including the petitioner, for admission into the Pre-Medical Course, was that if any of the statements was found incorrect on scrutiny, admission, if granted on the basis of such incorrect statements, will stand cancelled. 14. From the Declaration in the Form it is quite clear that one of the conditions of the permission given to the candidates, including the petitioner, for admission into the Pre-Medical Course, was that if any of the statements was found incorrect on scrutiny, admission, if granted on the basis of such incorrect statements, will stand cancelled. In this particular case upon such scrutiny it has been found that the petitioner did not belong to the Scheduled Caste. Accordingly, it rendered the application liable to rejection and the admission being cancelled. It is quite clear that some time is obviously taken to scrutinise the statements made in the application. If permission is to be granted only after such scrutiny, then some valuable time would be wasted causing unnecessary harassment to all concerned including the innocent candidates. Therefore, the procedure which is very properly followed is to act on the basis of the statements made by the applicants being correct and later on to make an enquiry. This is not only permissible and lawful but also very convenient for all concerned. In this particular case the statement of the petitioner to the effect that she belongs to Scheduled Caste has been found to be incorrect. The admission of the petitioner was granted on the basis of such incorrect statements. She was selected against seats reserved for candidates belonging to Scheduled Castes under sub-section (3) of Section 5 of the said Act referred to above. Accordingly in my opinion it was open to the Board to declare that the admission of the petitioner to the Pre-Medical Course leading to M. B. B. S. Course stood cancelled after such scrutiny. 15. It is also to be noted in this context that for the very same reason petitioner was given an intimation card which specifically mentions that the petitioner has been provisionally selected for admission to the Pre-Medical Course for the session 1973-74. By the said intimation the petitioner was also directed to bring all the original documents including the certificate of Scheduled Caste. The show cause notice dated 23rd March 1974 also mentions that the petitioner was provisionally selected for admission against reserved seats for Scheduled Castes. It was also similarly mentioned in the impugned order. Therefore such selection was merely a provisional one subject to scrutiny. The show cause notice dated 23rd March 1974 also mentions that the petitioner was provisionally selected for admission against reserved seats for Scheduled Castes. It was also similarly mentioned in the impugned order. Therefore such selection was merely a provisional one subject to scrutiny. Accordingly, it is not open to the petitioner to contend that under the said Act or the Rules the authority concerned could not cancel her admission or act in the manner as they did. She had acquired no right on the basis of the permission given to her for admission in the Pre-Medical Course. This was provisional subject to scrutiny. Upon scrutiny an action has been taken which has been found necessary in the facts of the case. Accordingly the question of the absence of any specific provision in the Act or the Rule cannot and does not arise. In any event, Section 8 of the said Act confers powers upon the Board to allot candidates to different colleges. This includes the power to cancel such allotment. For the aforesaid reasons. I reject the first contention of Mr. Dutta. I hold that the authority concerned had power to cancel the admission of the petitioner to Pre-Medical Course leading to M.B.B.S. Course. 16. Regarding the second submission of Mr. Dutt that in any event, the Chairman had no power to take action, there is no merit in this contention. Under Section 4 it is the function of the Board to hold the joint Entrance Examination and allot candidates to different Medical and Dental Colleges. Under Section 8, the decision of the Board in the matter of selection and allotment of candidates is final. Under Rule 4 of the said Rules the application for admission is to be made before the Board. Accordingly, I reject this contention of Mr. Dutt. 17. The third submission of Mr. Dutt was to the effect that the impugned order was made in violation of the principle of natural justice. It is true that the petitioner was not given any notice of the enquiry and the enquiry was not held in her presence. It was further admitted that the copy of the Enquiry Report was not given to her. But principle of natural justice is not a rigid or fixed principle. It all depends on the particular facts and circumstances of each case. It was further admitted that the copy of the Enquiry Report was not given to her. But principle of natural justice is not a rigid or fixed principle. It all depends on the particular facts and circumstances of each case. In this case after the report of the Welfare Department, the petitioner was served with a Notice wherein it was specifically stated that the said Welfare Department had, on enquiry, found that she did not belong to any community of the Scheduled Caste and she was asked to show cause. Pursuant to such notice she made various representations and placed various materials before the authority concerned. Accordingly, it cannot be said that the petitioner did not get adequate opportunity for making a representation or that the order was made in violation of the principle of natural justice. It is true that copy of the said Report of the Welfare Department was not furnished to the petitioner. In my opinion, the same did not prejudicially affect the petitioners case. The petitioner was quite satisfied in making representation in the absence of such Report. She never complained about non-supply of such copy. She never asked for any copy of such Report. Without such Report she was willing to make her representation which she did. Accordingly, I hold that the principles of natural justice have not been violated in the facts of this case. Accordingly I reject this contention of Mr. Dutt. 18. The fourth submission of Mr. Dutt was to the effect that by relying on the report of the Welfare Department the authority concerned had acted on extraneous matter because such Enquiry or Report was not contemplated by the said Act or the Rules. I have already held that in the facts and circumstances of this case and having regard to the provisions of the said Act and the Rules, the authorities concerned were entitled to cause an enquiry to be made to scrutinise the correctness of the statements made in the application submitted by the petitioner. Power to scrutinise implies power to make enquiries. Whether such enquiry is to be made by the Board or some other agency is entirely a matter for the Board to consider. It was open to the Board to employ such other agency as it thought fit. It is not required that the Board should go out and hold an enquiry by itself. Whether such enquiry is to be made by the Board or some other agency is entirely a matter for the Board to consider. It was open to the Board to employ such other agency as it thought fit. It is not required that the Board should go out and hold an enquiry by itself. Further, in the facts and circumstances of the case it appears that the said Welfare Department was the appropriate body for holding an enquiry of this nature. As long as the Board had properly applied its independent mind before making the order, its order or decision cannot be challenged to be illegal merely because an enquiry was caused to be made by some other agency. 19. Regarding the fifth submission of Mr. Dutt, in the facts if this case Mr. Dutt very strenuously contended that this Court must hold that the petitioner belonged to Scheduled Caste being a member of the family of Sunris. In this connection Mr. Dutt strenuously relied on various materials and also the decision of the Supreme Court referred to above. In my opinion, this contention of Mr. Dutt misconceived. This Court in its Constitutional Writ Jurisdiction is not a Court of facts. This Court does not sit in appeal over the decision of an authority whose order is challenged in this proceeding. This Court can only see whether the authority concerned has acted with or without jurisdiction. This Court can also act when there is an error of law apparent on the face of the record. This Curt can also interfere with such decision where there is no legal evidence before the authority concerned or where the decision of the authority concerned is held to be perverse, i.e., a decision which no reasonable man could have arrived at on the basis of materials, before it. Subject to this, this Court cannot interfere with any other decision of any other authority, far less, in a case where it is a question of alleged error of facts. Mr. Dutt has really invited this Court to weigh or assess the materials which this Court is unable to do. The sufficiency of! the evidence before an authority cannot be a subject-matter of a scrutiny by this Court in its Constitutional Writ Jurisdiction. This Court is not an Appellate Court. Mr. Dutt has really invited this Court to weigh or assess the materials which this Court is unable to do. The sufficiency of! the evidence before an authority cannot be a subject-matter of a scrutiny by this Court in its Constitutional Writ Jurisdiction. This Court is not an Appellate Court. There was ample material before the authority concerned from which it could have come to a conclusion as it did. Some other body or authority or even this Court in some other jurisdiction might or might not have decided otherwise; but that is not a ground for setting aside such order in the Constitutional Writ Jurisdiction of this Court. The decision of the authority concerned cannot also be challenged as perverse. Regarding the decision cited by Mr. Dutt, the same has no application in the facts of this case. At the outset it is to be pointed out that the decision in the case of Abhoy Pada Saha ( AIR 1967 SC 115 ) (supra) arises out of an appeal in connection with an election to a seat in the West Bengal Legislative. Assembly. It was not a writ petition. The contestants of this election were Abhoy Pada Saha and Sudhir Kumar Mondal, the appellant and respondent respectively to the Supreme Court. Sudhir was admittedly a member of a Scheduled Caste. Abhoy Pada described himself in the nomination paper as "a member of the Sunri caste which is a Scheduled Caste", Sudhir objected to this nomination contending that Abhoy Pada did not belong to any Scheduled Caste The objection was rejected by the Returning Officer. At the election Abhoy Pada secured the highest votes and he was declared elected. Sudhir then filed a petition challenging the validity of Abhoy Padas election before the Election Tribunal on the ground that Abhoy Pada was a member of the Saha caste and not a member of a Scheduled Caste. The Election Tribunal rejected the contention and dismissed the petition The Tribunal held Abhoy Pada to be a Sunri and a person belonging to Scheduled Caste stipulated in Item 40 of the Schedule to the 1950 Order. The Tribunal was of the view that Sahas formed a distinct caste wholly outside Sunri caste and that they been specifically excluded in Item 40 for greater safety to prevent them from claiming to be Sunris by reason of their origin. The Tribunal was of the view that Sahas formed a distinct caste wholly outside Sunri caste and that they been specifically excluded in Item 40 for greater safety to prevent them from claiming to be Sunris by reason of their origin. Sudhir then appealed to the High Court at Calcutta which reversed the decision of the Tribunal. The election of Abhoy Pada was held to be invalid and the same was declared to be set aside on the ground that he did not belong to a Scheduled Caste. The High Court was of the view that the effect of Item was to exclude from Sunri Caste those who belonged to that caste but bore the surname Saha. From this Abhoy Pada preferred an appeal before the Supreme Court. The Supreme Court rejected the reasonings of both the Tribunal and the High Court. The Supreme Court held that when Item 40 excluded Sahas from Sunris, since Sunri is a caste group, Sahas must equally be another caste group. The Supreme Court held that the correct interpretation of the Item is that it includes men of Sunri Caste but not those within that caste who formed the smaller caste group of the Sahas. The Supreme Court did not also agree with the interpretation given by the High Court that the Sahas excluded were those Sunris who bore the surname Saha. The Supreme Court decided the case on the basis as to whether the respondent had established that the appellant belonged a smaller caste called Sahas within the Sunri caste. On the basis of the facts before the Supreme Court the appeal was allowed and it was held that the appellant was a Sunri by caste and that it had not been proved that he belonged to the smaller caste group of Sahas. The facts of this case before us are totally different. The question involved in this case is not the same. In this case the reason why the petitioners admission has been cancelled is on the ground that she be longed to Baishya Saha community which is not regarded as Scheduled Caste. Therefore, this decision cited by Mr. Dutt is of no assistance to him. 20. The sixth contention of Mr. Dutt was that the materials placed before the authority concerned were not taken into consideration by the Board. Therefore, this decision cited by Mr. Dutt is of no assistance to him. 20. The sixth contention of Mr. Dutt was that the materials placed before the authority concerned were not taken into consideration by the Board. This submission is being made because the order does not make any reference to the materials and contentions relied upon by the petitioner. There is no merit in this contention. The Board has given its decision with reasons after giving an opportunity. It is not required to give detailed reasons or set out the different materials and contentions like an ordinary Court of law. Accordingly, merely because no reference was made to such materials and contentions, it cannot be said that the same was not taken into consideration by the Chairman before making this order. Accordingly, I reject this contention. 21. Regarding the seventh submission of Mr. Dutt, the mere fact that the memorandum annexed to the affidavit-in-opposition may not contemplate any enquiry regarding the correctness of the materials stated in the application, does not and cannot, in my opinion, make any difference. For that reason alone it cannot be said that no such enquiry could be held. For the reasons stated hereinabove, I have already held that it was competent for the authority concerned to hold such enquiry. Accordingly, I reject this contention. 22. The last contention of Mr. Dutt does not merit any serious consideration. Merely because there is no affidavit by the Officer of the Welfare Department who conducted the enquiry and submitted the Report or by the Chairman, it cannot indicate that there has been non-application of mind on the part of the authority concerned. The competency of the persons who have affirmed the affidavits-in-opposition cannot be challenged. There is no allegation of mala fide against the Chairman or the Inspector personally. Accordingly, mere non-filing of any affidavit by them individually and separately cannot, in my opinion, invalidate the said order. Accordingly, I reject this contention. 23. All the contentions of Mr. Dutt fail. Accordingly, I dismiss this application and discharge the Rule. All interim orders are vacated. There will be no order as to costs. On the prayer of the petitioners learned Advocate the operation of this order is stayed for a period of one week from this date. Petition dismissed.