JUDGMENT Hon’ble A.P. Sahi, J.—This petition has been filed praying for a mandamus directing the respondents to admit the petitioner in the MBBS-2012 Course keeping in view the benefit of reservation claimed by the petitioner under the Scheduled Tribe Category. The petitioner relies on the caste certificate issued to her by the Tehsildar, Zamania, Ghazipur, Uttar Pradesh bearing Certificate No. 2220 dated 23th June, 2004. She contends that the said certificate is a valid certificate certifying that the petitioner belongs to the “Kharbar Caste” which is mentioned at serial No. 46 of the list of Scheduled Castes and Scheduled Tribes Categories as issued under the presidential order. Learned counsel for the petitioner submits that the said caste certificate has been validly issued and has not been cancelled so far. 2. The petitioner has alleged that after being successful in the C.P.M.T. Examination-2012, she deposited the earnest money for counselling for which she was summoned at the Moti Lal Nehru Medical College at Allahabad. The petitioner was accordingly issued a Counselling Registration Form and she was registered whereafter she appeared for counselling on 23rd July, 2012. The counselling of the petitioner, however, could not take place as some doubt was expressed about the caste certificate of the petitioner that she did not belong to the Scheduled Tribe Category, and that she belongs to the Other Backward Class category. Consequently, the petitioner inspite of having appeared in the counselling was not allowed to participate in the same, whereafter she has filed this petition praying for a mandamus. This matter was taken up on 17th August, 2012 and the learned Standing Counsel was called upon to obtain a response by 23rd August, 2012. 3. Sri M.P. Yadav has accepted notice for the Respondent No. 2, Director General Medical and Training, who is the Nodal Authority and the Chairman of the Counselling Board. A short counter-affidavit has been sworn and filed by the Director General bringing on record the communication dated 24th July, 2012 issued by him to the District Magistrate, Ghazipur to verify the caste certificate issued to the petitioner and also to inform as to which category or caste does the petitioner belong to. A short counter-affidavit has been sworn and filed by the Director General bringing on record the communication dated 24th July, 2012 issued by him to the District Magistrate, Ghazipur to verify the caste certificate issued to the petitioner and also to inform as to which category or caste does the petitioner belong to. This letter was responded by the letter of the District Magistrate, Ghazipur on the very next day i.e. on 25th July, 2012 informing the Director General that the Revenue Inspector had been sent for verification and he has reported that the petitioner does not belong to the “Kharbar Caste” and belongs to Other Backward Class category as she is a “Kamkar” by caste. This letter was accompanied by the said report of the Revenue Inspector as forwarded by the Tehsildar. 4. This was followed by another communication dated 23rd August, 2012 of the Director during the pendency of the writ petition whereby the District Magistrate, Ghazipur was called upon to explain the procedure under which the said verification was to be carried out in order to enable him to provide instructions to this Court. 5. On the last occasion when the matter was being heard, learned Standing Counsel who appears for the District Magistrate, Ghazipur and the Respondent No. 1, State of U.P. had taken a stand that this information was given by the District Magistrate on the asking of the Director General Medical Education. The learned Standing Counsel had further informed the Court about further steps taken on which Sri M.P. Yadav, learned Counsel for the Director General has placed before the Court the proceedings dated 27th July, 2012 whereby the candidature of the petitioner has been formally cancelled taking cognizance of the letter of the District Magistrate, Ghazipur dated 25th July, 2012. 6. Learned Counsel for the petitioner has filed an amendment application alongwith an affidavit assailing the said order dated 27th July, 2012 as well. A supplementary affidavit has also been filed by the learned counsel for the petitioner which has already been taken notice in the earlier orders bringing on record the Constitution Scheduled Caste order 1950 and the amendments thereto to establish that the caste of “Kharbar” is a Scheduled Tribe Caste. There is no dispute about the fact that the caste of “Kharbar” in District Ghazipur is a Scheduled Tribe Caste (other than Banwasi). There is no dispute about the fact that the caste of “Kharbar” in District Ghazipur is a Scheduled Tribe Caste (other than Banwasi). The petitioner has been issued a caste certificate which indicates that she is of “Kharbar” Caste. 7. The dispute has arisen on account of the report of the District Magistrate dated 25th July, 2012 on the basis whereof the petitioner has now been denied admission under the order dated 27th July, 2012 that is under challenge through the amendment application. Learned Standing Counsel on the basis of instructions that have been received from the District Magistrate has urged that this enquiry relating to the caste status of the petitioner has already been undertaken and the Additional District Magistrate has issued notice to the petitioner to verify her status and submit her supporting documents, if any. 8. According to the learned standing counsel who appears for the District Magistrate, Ghazipur the said enquiry has already been initiated in order to ascertain the correct position and status of the caste of the petitioner. 9. Sri M.P. Yadav, learned counsel for the Director General has taken a stand that once this information has been received from the District Magistrate, a decision has been taken for cancelling the candidature of the petitioner on the basis of the said report. 10. Learned counsel for the University Sri Khanna submits that this issue of caste certificate has to be ascertained by the Counselling Board and its Chairman and, therefore, at this stage the University has no role to play in the matter. 11. The contention of the learned counsel for the petitioner is that so long as the caste certificate of the petitioner is intact, then according to the brochure published by the respondent for conducting the pre-medical test of 2012, it is only the caste certificate which has to be looked into for the purpose of ascertaining the status of the category of the candidate. Learned counsel has invited the attention of the Court to Chapter-4 relating to reservations of the said brochure wherein Clause “Cha” reads as follows: ¼p½ vuqlwfpr tkfr@vuqlwfpr tkfr@vU; fiNMk oxZ@Lora=rk laxzke lsukuh ds okLrfod vkfJr vkSj HkwriwZo lSfud ¼;q} esa viax@lsokfuo`Rr@'kghn½ ds iq=@iqf=;ksa rFkk ch xzsfMx lfgr ^^lh^^ lfVZfQdsV/kkjh ,u0lh0lh0 dSMsV dh Js.kh ds vkjf{kr vH;fFkZ;ksa ds fy;s laxr Js.kh ds vH;FkhZ gksus ds laca/k esa 'kklukns’k ds lkFk layXu izk:i ij fn;s x;s izek.k&i= gh ekU; gksaxsA vuqlwfpr tkfr rFkk tutkfr ds tkfr izek.k&i= dk fu/kkZfjr izk:i izek.k&i=&5 gSA vU; jkT;@la?k 'kkflr {ks= ls mRrj izns’k esa izokflr gksdj vk;s vuqlwfpr tkfr vFkok tutkfr ds vH;FkhZ }kjk vius nkos ds leFkZu es izek.k&i= mRrj izns’k esa fuokl Lfkku ds ftykf/kdkjh@l{ke vf/kdkjh }kjk tkjh fd;k x;k gksuk pkfg;sA 12. A perusal of the said clause, therefore, according to the petitioner would establish that once the caste certificate has been issued as per above, and the original has been produced, then in that event the petitioner is entitled to the benefit of such reservation. 13. Learned counsel for the petitioner further submits that so far as the process of verification of a caste certificate is concerned, the issue relating to such scrutiny had come up before a Division Bench of this Court in the case of Hizwana Bano v. State of U.P. and others, 2011 (1) ADJ 440 and the Court had noticed the notification issued by the State Government which makes a provision for the scrutiny of such caste certificates at the state level. In the remarks column of Clause-3 (3) it has been provided that if a candidate is to be admitted in any educational institution etc. or appointed in any service under the reservation category even before completion of process of verification, he/she can be accorded provisional admission/appointment which shall be subject to verification of the caste certificate. Learned counsel, therefore, submits that even assuming that the verification is still under process as urged by the learned Standing Counsel then the petitioner is entitled for a provisional admission. 14. Learned counsel, therefore, submits that even assuming that the verification is still under process as urged by the learned Standing Counsel then the petitioner is entitled for a provisional admission. 14. Learned counsel has further invited the attention of the Court to the Division Bench judgment in the case Bhagwat Gond v. State of U.P., 2011(6) ADJ 424 (DB), where taking notice of a Public Interest Litigation Petition filed before this Court the State Government had issued a Government order dated 28.2.2011 at the district level for scrutinizing of such caste certificates. The Division Bench judgment takes notice of the appellate forum also created under the Government order dated 27.1.2011. It has been held that since State Level Committee is already burdened with such matters it will not be possible to carry out the scrutiny at the State Level and as such the issuance of the Government order dated 28.2.2011 was acknowledged and in that case a direction was issued to the Regional Level Committee so constituted to scrutinize the caste certificate. Accordingly, this scrutiny can also be carried out in terms of the Government order dated 28.2.2011 and the judgment in the case of Bhagwat Gaur (supra) in relation to the admission in an educational institution. 15. The position that emerges on facts is that the impugned order has been passed by the Director General cancelling the candidature of the petitioner without there being any proper verification of the caste certificate in terms of the Government orders and the decision referred to hereinabove. The cancellation order has proceeded on the basis of a merely administrative information of the District Magistrate dated 25th July, 2012 which was on the basis of an alleged report of the Revenue Inspector that too even without any notice or opportunity to the petitioner in that regard. It is evident from the instructions produced by the learned Standing Counsel that the Additional District Magistrate has issued notices now after cognizance has been taken by this Court for carrying out the exercise of verification in relation to the caste certificate of the petitioner. It is thus established on facts as they stand today that the order dated 27th July, 2012 had been passed without there being any annulment of the caste certificate of the petitioner. In the circumstances aforesaid the order of the Director General dated 27th July, 2012 cannot be sustained and is hereby quashed. It is thus established on facts as they stand today that the order dated 27th July, 2012 had been passed without there being any annulment of the caste certificate of the petitioner. In the circumstances aforesaid the order of the Director General dated 27th July, 2012 cannot be sustained and is hereby quashed. 16. The issue now is in relation to the admission of the petitioner. The verification according to the respondents is still under progress. In such a situation in my opinion the Government orders as noted in the Division Bench judgment delivered in the case of Hizwana Bano (supra) comes to the aid of the petitioner where a specific provision has been made for a provisional admission that can be granted even before the completion of the process of verification of the caste certificate. 17. Accordingly this writ petition is allowed with a direction to all the respondents to forthwith provisionally admit the petitioner in the MBBS Course according to her rank and category under which she had applied and allow her to pursue her study. Sri M.P. Yadav on the basis of instructions received submits that this admission be provisionally permitted against several MBBS seats that are vacant in the category concerned for which the second counselling is proposed from 19.9.2012 onwards. The respondent shall accordingly accommodate the petitioner without disturbing the admission already made as the petitioner’s admission would be provisional at this stage subject to its finality dependent on the outcome of the scrutiny of caste certificate. 18. This provisional admission shall be subject to the outcome of the verification of the caste certificate as referred to hereinabove which shall be carried out and completed within a period of three weeks, as prayed by the learned Standing Counsel. The petitioner shall within one week from today file all her documents as desired by the Additional District Magistrate before him and any other evidence for the purpose of establishing her status as a member of “Kharbar” Caste. If the petitioner’s claim is ultimately found to be lawful, her admission shall be treated as final. ———————