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2002 DIGILAW 1059 (JHR)

Sushma Kumari v. State Of Jharkhand

2002-09-23

SUDHANSU JYOTI MUKHOPADHAYA

body2002
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 (A.N.M. for short), they having found successful and selected against their respective category, including Scheduled Caste. 2. The case of the petitioners 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 on 7th April, 2002. The petitioners being successful candidates, their names having shown at Sl. No. 9 of SC Category (for petitioner No. 1), Sl. Nos. 10 and 18 of General Category (for petitioner Nos. 2 & 3 respectively) and Sl. No. 6 of B.C. Category (for petitioner No. 4), they were called for and they turned up on 10th April, 2002 with all their original certificates for admission, they were asked to come on the next date when the Principal, ANM School, Dhanbad after verifying all certificates refused to admit them on 11th April, 2002 on the ground that they are not original residents (Moolvasi) of Jharkhand, 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. 4. In spite of order passed on 28.8.2002, 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 because of pendency of the case. 6. It is a settled law that in the matter of admission, the respondents cannot discriminate on the ground of religion, caste, sex, place of birth otherwise it will violate Article 15 of the Constitution of India. 6. It is a settled law that in the matter of admission, the respondents cannot discriminate on the ground of religion, caste, sex, place of birth otherwise it will violate Article 15 of the Constitution of India. In the circumstances, the Principal, ANM School, Dhanbad has no jurisdiction to refuse admission on the ground that the petitioners are not the permanent residents (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 caste; B.C. and General 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. The writ petition stands disposed of with the aforesaid observations and directions.