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2002 DIGILAW 1056 (JHR)

Shanti Margret Harun v. State Of Jharkhand

2002-09-23

SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. The writ petition has been preferred by the petitioners for direction on the respondents to admit them in the Auxiliary Nursing and Midwife School, Dhanbad (ANM for short), they having found successful and selected against reserved Scheduled Tribe category. 2. The case of the petitioners is that in pursuance is that in pursuance of advertisement published in newspaper Hindustan dated 27th March, 2002, they applied for admission in ANM course. Initially, the respondents took decision to hold competitive test but later on such decision was modified and intimated vide notice published in newspaper Prabhat Khabar on 6th April, 2002, wherein it was mentioned that the select list will be prepared on the basis of marks obtained in matriculation examination instead of written test. Thereafter, a Selection Committee selected candidates on the basis of matriculation marks and published list of successful candidates including the list of Scheduled Tribe candidates, vide notice published on 7th April, 2002. The petitioners being successful Scheduled Tribe candidates were called for and they turned up on 10th April, 2002 with all their original certificates for admission but the Principal, ANM School, Dhanbad after verifying all certificates and medical examination refused to admit them on 11th April, 2002 on the ground that they are not original residents (Moolvasi), their names having not recorded in 1932 Survey Records. 3. The respondents were allowed time to file counter-affidavit and the Principal/ incharge Principal, ANM School, Dhanbad was directed to allow the petitioners to attend the Classes if their names are appearing in the select list of Scheduled Tribe at Sl. Nos. 13 and 24. 4. In spite of order passed on 6.9.2002, no counter affidavit has been filed by the respondents. 5. The counsel for the petitioners informed that the petitioners have been allowed by the Principal, ANM School, Dhanbad to attend the classes but they have not been admitted. 6. As in the matter of admission, the respondents cannot discriminate on the ground of religion, caste, sex, place of birth and admittedly, the petitioners are Scheduled Tribes, the Principal, ANM School, Dhanbad had no jurisdiction to refuse admission on the ground that the petitioners are not Moolvasi and their names are not appearing in the 1932 Survey records. 7. 6. As in the matter of admission, the respondents cannot discriminate on the ground of religion, caste, sex, place of birth and admittedly, the petitioners are Scheduled Tribes, the Principal, ANM School, Dhanbad had no jurisdiction to refuse admission on the ground that the petitioners are not Moolvasi and their names are not appearing in the 1932 Survey records. 7. Accordingly, the Principal, ANM School, Dhanbad is directed to admit the petitioners if their names have been recommended as Scheduled Tribes candidates for admission in ANM course. If any adverse decision is taken, the Principal, ANM School, Dhanbad will communicate the ground to such petitioner(s) within fifteen days from the date of receipt/production of a copy of this order. 8. The writ petition stands disposed of with, the aforesaid observations and direction.