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2006 DIGILAW 1218 (JHR)

MADAN PRAKASH v. STATE OF JHARKHAND

2006-09-20

PERMOD KOHLI

body2006
Judgment : ( 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 : Petitioner No. Year of passing Class 10 Year of passing +2 1 2002 2004 2 2003 2005 3 2004 2006 4 1998 2000 6 1998 2000 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. 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. 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 and 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 and 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. ( 4 ) ON the basis of complaints received, the respondent-Board vide its letter dated 22nd May, 2006, addressed to the Principal secretary, Department of Personnel, Administrative and Rajbhasha, Govt. of Jharkhand, ranchi requested for directions in the matter, particularly in respect to the definition of the expression "janamvasi". It is mentioned that since the petitioners are permanent residents of the State of Bihar and are local residents of the Stale of Jharkhand, they are not entitled to the benefit of reservation and, as such, have been considered in General Category. Respondents have also relied upon a judgment dated 1st May. 2006 (Reported in 2006 (2) JCR 512 ). passed by a division Bench of this Court in W. P. (S) No. 578 of 2004 and analogous cases. ( 5 ) I have heard learned counsel for the parties. The residential certificates and caste certificates, issued by the competent authorities, are placed on record by the pettioners. 2006 (Reported in 2006 (2) JCR 512 ). passed by a division Bench of this Court in W. P. (S) No. 578 of 2004 and analogous cases. ( 5 ) I have heard learned counsel for the parties. The residential certificates and caste certificates, issued by the competent authorities, are placed on record by the pettioners. All these certificates have been issued after the creation of the State of harkhand by the competent authorities in the State of Jharkhand. As far as Domicile certificates are concerned, petitioners have been shown to be the residents of the places in the territory of Jharkhand and even in caste certificates issued, it is mentioned that they are the residents of Bokaro, Jharkhand. In all the certificates, they have been shown as "janamvasi" of Jharkhand. It is not in dispute that petitioners applications were entertained and they were permitted to participate in the Preliminary as well as Main examinations and were declared successful. It is only at the time of counselling that the petitioners have been prevented from seeking admissions on account of their mentioning "permanent residence in the State of Bihar". It is not the case of the respondents that the petitioners do not belong to any of the Scheduled Caste, declared as such for the State of Jharkhand. It is also undisputed that the Caste and Domicile Certificates have been issued by the competent authorities in the State of Jharkhand. The circular dated 30th December, 2003 relied upon by the respondents only requiresthat only such candidates are entitled to the benefit of reservation, who belong to any of the s. C. , S. T. or Reserved Category, notified by the State of Jharkhand and in whose favour a caste certificate is issued by the compe tent authority in the territory of Jharkhand. This circular does not, in any manner, disqualify the petitioners from seeking admission to the medical Course nor, in any manner, nullify the certificates, both domicile and caste, issued by the competent authorities in the State of Jharkhand. Reliance is also placed upon a judgment of this Court dated 1st May, 2006 (Reported in 2006 (2)JCR 512 ) passed in W. P. (S) No. 578 of 2004 and other analogous cases. It is relevant to mention some of the observations of this court in the aforesaid judgment: "14. . . . . . . . . . . . It is relevant to mention some of the observations of this court in the aforesaid judgment: "14. . . . . . . . . . . . We have noticed that some of the petitioners have enclosed Castes Certificates, most of which have been issued by the district authorities, which now fall within the successor State of Bihar or Uttar Pradesh whereas one or other petitioner have enclosed the caste certificates, issued by the district authorities, territory of which now fall within the State of Jharkhand. But in many of the cases, the certificates, so enclosed, have been issued much after submission of the application for appointment. It has brought to our notice that many persons though have enclosed the caste certificates, issued by the district authorities of the State of Bihar, in the writ petitions certain certificates, issued, by the district authorities of the State of Jharkhand, have also been enclosed to suggest that they belong to the State of Jharkhand. Such individual cases cannot be scrutinized by this Court nor such claim can be determined, which can be taken care of by the competent authorities of the State. If any certificate enclosed by one or other petitioner, issued by the district authorities of the State of jharkhand prior to submission of the application forms, has been enclosed, then the authorities may consider the case of such person for appointment against the reserved categories, if it is found that such person belongs to the State of Jharkhand. But those, who have enclosed the certificates, issued by the district authorities, now fall within the State of Bihar, or the certificates, issued by the district authorities of Uttar pradesh or any other State, cannot claim reservation for appointment in the services of the State of Jharkhand. Similarly, those, who have obtained certificates from the district authorities of the State of Jharkhand after the last date of filing of the application form, those certificates also cannot be taken into consideration to grant benefit of reservation. " ( 6 ) THESE observations are again based upon a judgment of the Apex Court in U. P. Public Service Commission. Allahabad v. Sanjay Kumar Singh, reported in (2003) 7 scc 657 : ( AIR 2003 SC 3626 ), referred to in paragraph 10 of the aforesaid judgment of this Court, wherein, following observations are made: "10. " ( 6 ) THESE observations are again based upon a judgment of the Apex Court in U. P. Public Service Commission. Allahabad v. Sanjay Kumar Singh, reported in (2003) 7 scc 657 : ( AIR 2003 SC 3626 ), referred to in paragraph 10 of the aforesaid judgment of this Court, wherein, following observations are made: "10. Similar was the view of the Supreme court in the case of U. P. Public Service Commission, allahabad v. Sanjay Kumar Singh, reported in (2003)7 SCC 657 . wherein, the supreme Court held that a person, certified as Scheduled Caste-Scheduled Tribe in relation to one State, if migrates to another state, he would not be entitled to the benefits, available to the Scheduled Castes/ scheduled Tribes of the State, in which he so migrates, unless he belongs to Scheduled caste/scheduled Tribe in that State also. ( 7 ) A conjoint reading of both the judgment indicates that a person or candidate, belonging to one State, is not entitled to the benefit of reservation in another State. However, a candidate, if belongs to any of the reserved category declared for that State and has validly secured a caste certificate in the said State, cannot be deprived the benefit of reservation. ( 8 ) IN the present case, the certificates issued by the competent authorities have neither been challenged nor cancelled by any competent authority in any valid proceedings. Merely expressing doubts does not empower the Selection authority to deprive the admission, particularly when the genuineness of the certificates has not been disapproved in any enquiry or proceedings. Petitioners have a valuable right of admission to the professional course for which they have competed and declared successful. This cannot be lightly interfered merely on some complaint, which has also not been properly enquired into. ( 9 ) RESPONDENTS have not placed on record any rule, regulation or even administrative circular, which disentitles the petitioners from seeking admissions to the professional course on the strength of domicile and caste certificates, issued by the competent authorities in the State of Jharkhand the circular dated 30th December, 2003 favours the petitioners rather than supporting the vague plea of the respondents. This petition is, accordingly, allowed and direction is issued to the respondent-Jharkhand Combined Entrance Competitive Examination board, Ranchi, to declare the results of these petitioners on the basis of their merit in the competitive examinations and counselling and if they are in the merit, they may be allotted appropriate seats. In the appropriate institute (s) in M. B. B. S. course and/or any of the courses on the basis of their merit, positively by 23rd September, 2006 and the concerned institute (s) will admit the petitioner (s), if selected for such admission by 30th September, 2006. This direction has been issued in view of the dictum of the judgment of Honble Supreme Court in the case of Mridul Dhar (Minor) and Anr. v. Union of india and Ors. , reported in AIR 2005 SC 666 , wherein, the Apex Court has fixed the last date for admission as 30th September of the calendar year. Petition allowed. --- *** --- .