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2010 DIGILAW 1345 (SC)

Kumar Panna Lal v. State of Bihar

2010-11-23

B.SUDERSHAN REDDY, SURINDER SINGH NIJJAR

body2010
ORDER : 1. We have heard learned senior counsel for the appellant and learned counsel for the respondent. 2. Based on the Scheduled Caste certificate granted by the Sub Divisional Officer, Jehanabad, dated 1.12.1988, the appellant was admitted into the MBBS Course at Dharbanga Medical College. He successfully completed the medical course and was issued MBBS Certificate from L.N. Mithila University and got himself registered as Medical Practitioner. It appears that a complaint was made by some Organization inter-alia alleging that certain candidates secured admission to MBBS course on the basis of false Caste Certificates and the appellant was one amongst them. Based on the said allegations, a criminal case was registered against the appellant with which we are not concerned for the present in this matter. 3. That a show cause notice was issued to the appellant on 25.4.2000 by the Deputy Secretary to the Government Health Department, Government of Bihar, inter-alia alleging that the appellant in fact belongs to Koeri Caste but he secured admission in MBBS Course in the year 1988 on the strength of Scheduled Caste Certificate issued by the competent authority. It is further alleged that the said Caste Certificate was duly verified and upon such verification the District Magistrate, Jehanabad submitted an inquiry report that the Caste Certificate was found forged. The appellant was accordingly required to submit his explanation in that regard enabling the Government to take an appropriate decision in the matter. The appellant submitted a detailed reply asserting that he belongs to the Scheduled Caste and the certificate obtained by him and submitted at the time of joining MBBS course was a correct one. Thereafter, without making any inquiry whatsoever based on some ex-parte report submitted by the District Magistrate, the Deputy Secretary to the Government, addressed a communication to the Principal Dharbanga Medical College to cancel the admission of the appellant with immediate effect and with a further direction to cancel his Registration Certificate in case if he had already left the college after completing his medical course. 4. There is no reference to the explanation submitted by the appellant. There is no finding that the appellant obtained the Scheduled Caste Certificate by playing any fraud or making any misrepresentation. There is no finding that the certificate submitted by him at the time of joining his course was a forged one. 4. There is no reference to the explanation submitted by the appellant. There is no finding that the appellant obtained the Scheduled Caste Certificate by playing any fraud or making any misrepresentation. There is no finding that the certificate submitted by him at the time of joining his course was a forged one. By the impugned order the Government did not even cancel his Caste Certificate but issued direction to all concerned to cancel the degree obtained by him and as well as the Registration Certificate. We find it difficult to discern as to how such a direction resulting in far reaching consequences could have been issued by the Government without making any inquiry whatsoever. Even otherwise, there is no finding whatsoever in the impugned order that the appellant obtained the Caste Certificate by playing any fraud or making misrepresentation. No doubt there was an allegation in the show cause notice that the Caste certificate submitted by the appellant at the time of joining the course was a forged one but the same remained to be an allegation since there is no finding as such recorded by the authority that the certificate was a forged one. Strangely, even the copy of the order passed by the Government was not communicated to the appellant. 5. Viewed from any angle, we find it difficult to sustain the order passed by the Government virtually putting an end to the appellant's carrier and his right to livelihood. 6. The writ petition filed by the appellant in the High Court came to be dismissed on a totally different grounds than the one mentioned and alleged against the appellant in a show cause notice and as well as in the impugned order. 7. For the aforesaid reasons, the impugned judgment of the High Court is set aside. We make it clear that it is not a fit case where any further proceedings should be allowed to go on against the appellant. The appeal is accordingly allowed.