Divlsion Bench ^ ^. \Qd IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION(C) N0. OF 2011 PETITIONER: VERSUS Shiv Kumar Sidar, Aged About- 23 Years, S/o- Chamaru Lal Sidar, R/o- Village- Penwara, District- Raigarh (C.G.) RESPONDENT(S): \. ^ ^)fZ ^ \ if / <??^ ^<^~ / s?1 ^' ^/ f? y ..r>// ^^" -2. 3. State of Chhattisgarh, Through, The Secretary, Department of h-1ealth and Family Welfare, Ministry, D.K.S. Bhawan, Raipur(C.G.) Directorate of Medical Education Chhattisgarh, through its Director, Raipur (C.G.) Indira Gandhi Krishi Vishwavidyalaya, Through Its Registrar, Krishak Nagar, Raipur(C.G.) College Of Veterinary Science & Animal Husbandry, Through Its Dean, Anjora, Durg (C.G.) Birpndra Pratap Singh, S/o- (Nut Known to the petitioner), C/o- College Of Veterinary Science & Animal Husbandry, Anjora, Durg (C.G.) (Overall Rank-593) °\ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA mOH COURT OF CHHATTISQARH AT BIIAaPUR WRIT PETITION fQ N0. 4861 OF 2011 PETITIONBR R^SPOHDENTS Sliiv Kumai' Sidai' Versiss State of Chhattlsgarli and others. WRIT PETITIOH UNDBR ARTICLE 226 OF THE CONSTITUTION OF I^DIA D.B.: Hon'ble Shri I.M. Quddusi_& Hoa*ble Shr! G. Miabaiuddiii. JJ. Preseati Shri Vmay Paadey, counsel for the petitioner. Sliri Viaay Hm'it, Deputy Advocate Genei^il for the State. Sl-Ai'l Sacliiii Singli Rajput, counsel for I'espondent No,3. ORAL ORDER (Passed OQ 20th day of 8ept®mbe?,2011) Per I.M. Quddusi, J. Heard. 2. The petitioner has filed tlie iiistaiit wrlt petitioii w'ith tlie gi'ievaiice that tlie petitioner, wlio belongs to Schedi-iled Tribe, has been denied admlsslon as un-r^enred/open competition caadidate m the Qiaduation Course m Veteriiiaiy Science and Aiilmal Husbaiidiy Coui'se on tlie gromid tiiat he had iiot submitted verMled caste certlficate. 3. Brief facts of flie case ai'e tliat tlie Goveniinent of Cl'iliattisgaiii, Depai'tment of Healfli aiid FQinity WeMai e Muiistry, D.K.S. Bhawaii, Ralpui' notified aiid fraoied rules for admission itito graduation coui'se in Medical CoBeges, Dental College aiid Physioflierapy CoUeges. These ruies were caUed "The Cliliattlsgai'h Medical, ©ental aiid Physiotherapy Graduation Enti'ance Exaiiiiiiatlon, Rules, 2011s. Similai'ly, for admlsslon iiitto the Graduatioii Ctom'^ ^ ui Veterinaiy Science aiid Aniaial Husbandry the relevaat rule was framed in accordarice witli tlie letter issued by tiie State of Cliliattisagaiii, Agricultm'e Departnient, ti-ie copy of prospectus meatiormig the above stated rules has been flled as Amiexure P-1. The Cl-jdiattisgarh Professional Examination Boai'd uivited appUcations for <(Pre Medical Test, 2011" (PMT' for short). Siiice flie petltioner was ellgible and was desirous of joinliig medical coiu'se, he applied for fhe aforesaid exaniiiiation in fhe prescribed form. He paid tlie requisite chai'ges and supplied relevant details. The exammatlon was held In wl-Uch flie petitioner appeai'ed vide Roll No. 16051036. The result of PMT 2011 was notified whereln tiie petitioner secuied 141.406 marks aiid was raiiked at Sl. No. 534 ui OveraU Raiikihg and was railked at Sl. No. 24 iii Categoiy Rarikmg (Aiiiiexure P-2). A mark sheet was issued by flie Cllliattisgai'h Professional Examination Board, Raipur, (ArinexuTe P-3). The petitloner is a member of Scheduled Tribe namely <<Sawai'a" aiid he is liaving valid caste certificate issued by the competent authority (Aruiexui'e P-4), After declaration of result of PMT-2011, the respondent aufliorities conducted comiselliig for MBBS coui'se on 4-8-2011 in wliich petitioner pai'ticipated as a member of Scheduled Tribe. At fhe time of counseliiig the autliorities stated the pefltioner tiiat tlie caste certlficate Issued by tiie revenue aufliority has to be vert&ed by tlie Caste Certitlcate Verlflcation Committee, constltuted by the State Goveniment as per Order No. o-13/2006/l-3 dated 26 September, 2007 issued by General Admmisti'ation Depaitinent of Cl~ilia3ttisgai'h Goveniment. Tliis veri&cation is requlred as per tiie provistons contauied hi Rule 5(4) ofthe Ghhatti^garh Medical, Dental aiid Physiotliei'apy Graduation Entraiice Examuiation, Rules 2011. Learned counsel fuilher submits "'s "!;&vl 1 ^^^ 71 tliat fhe petitioner is having a valid caste certMlcate Issued by fhe competent authority, wliich the petitioner had produced befbre fhe concemed aufborlties at the time of comiseling but fhe petitloner could not produce the requislte ceitificate issued by tlie Caste Certificate Verifi.eatlon Committee as necessitated uiider tiie provisions of Rule 5(4) of tiie Cliliattisgai'h M^edlcal, Dental and Physiothei'apy Graduation Entrance Examination Rules, 2011. 4. A counter ajffldavit/return lias been filed on be^lalf of the respondent No.3 Le. Indira Gandlii Krishl Vishwavidyalaya that fhe petitioner belon^ to Sclieduled Tribe and had submitted a certificate to that effect but tlie objection was tiiat tiie petitioner had not submitted the verified caste certificate, flierefore, he has been deiiled admission as uii-resei-ved/open competitioii caadidate. 5. Slii'l S.S. Rajput, learned couiisel appearliig for respondent No. 3 has submltted fhat m tlie admissloAi Rules PMT ExamUiaUon, 2011, Rule 19.2 provides ti-tat ti-iose candidates belonging to reserved category and ai'e gettliig tlie admission ui Geaeral NU categoiy wUl have to siibaiit tlie reserved categoiy certificate on tiie pi'escribed pro-forma. 6. In tiie above rule, It has not been mentioned tliat tiie candidates who ai'e gettlng admissioii ui Geiieral NU category will have to submlt fhe Caste Veriflcation Certificate. When iindisputedly, flie petitioner had submitted hls caste ceitificate in the prescribed pro-forma, flie conditions mentioned in Rule 19.2 staiids fulfilled aiid, tlierefore, 111 om' opiiiion his admission coiild not have been deriied on the ground tiiat Caste Vertflcatloii Ceitificate was not produced. In fact fhere was no utilily to peruse fhe Caste Certfcficate or to see whetlier a person belon^ to a reseived categoiy or not, when he was beiiig given adfiiission against a seat meaiit for General Canididate (l.e. 1111- reseived/open competltion Caiididate). -a 7. Learned comisel for tiie respoiident No. 3 Iias also submitted tiiat on tl'us gi'ound fhere are oflier caiididates belong to reseived categoiy, who were above flie petitioiier on merit aiid had not submitted fhe caste verification ceitl&cate, liave been deiiied admission. 8. Consideriiig the facts aiid cii'cumstaiices of tlie case, we aUow this writ petition and dii'ect tlie respondent No. 3 to allow tlie petitioner and ofher simUarly situated caiididates who ai'e above the petitioner (so tl-iat tliere may not be violation of Article 14 of fhe Constltution of India) to pai'ticipate m tlie couiiselliig for tlie available seats, if aiiy, as eai'ly as possible. 9. Certified copy be supplled to the leai'ned counsel for tlie respondents by tomorrow. 10. No order as to costs. Sd/- I.M. Quddusi Judge Sd/- G. Minhajuddin Judge •)< Kvr