Criminal Misc.-M 19039 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M 19039 of 2011(O&M) Date of Decision: 02.08.2011 Dr. Jagtar Singh ...Petitioner Versus State of Haryana ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Puneet Bali, Advocate for the petitioner. ..... RAJESH BINDAL, J. The petitioner in the present petition is an accused in FIR No.260 dated 27.5.2011 registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station City Thanesar, District Kurukshetra. The allegations are that the petitioner while getting admission in MBBS in Maharishi Dayanand University in the year 1984 had produced a certificate showing himself to be belonging to a Scheduled Caste category. It is not disputed that the petitioner belongs to “Magh Rajput” caste and he produced certificate issued by the SDO (Civil), Thanesar showing himself to be belonging to “Megh” caste. It is not disputed that caste to which the petitioner belongs, namely, “Magh Rajput” is not specifically mentioned in the Constitution (Scheduled Caste) Order 1950 (as amended up to date) and only “Megh” caste is mentioned therein as one of the Scheduled Caste. The claim made by the petitioner is that it was a bona fide error. He availed the benefit of certificate of Scheduled Caste for the purpose of admission in MBBS and not at any other subsequent stage, namely, while pursuing his MD course and applying for a Government job. The plea that he was under the bone fide belief that “Magh Rajput” having not been mentioned in order, he could avail the benefit of “Megh” caste is totally misconceived. As a re- sult of production of a certificate showing that the petitioner is belonging to Criminal Misc.-M 19039 of 2011 2 Scheduled Caste, he had deprived person belonging to that category the benefit of reservation. Considering the aforesaid facts, I do not find this to be a fit case for grant of pre-arrest bail to the petitioner. Dismissed. (RAJESH BINDAL) JUDGE 02.08.2011 sharmila