VIDHI GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenging the orders passed by the respondents on 10.5.2010, cancelling the admission and refusing to declare the result of petitioner with regard to the examination conducted for obtaining a Post Graduate Degree i.e. M.D. Pediatrics on the ground that petitioner's initial admission to the medical education i.e. M.B.B.S. in the year 2000 was not in accordance to law, in as much as admission was granted to petitioner in a seat reserved for Scheduled Tribe Candidate, whereas now it has found that petitioner does not belongs to such a category, this writ petition has been filed.

(2.) Petitioner claims to be a member of caste 'Bhunjia" a scheduled tribe community. It is stated that she passed the higher secondary school examination in the year 1997 in first division and 12th class examination again in first division in the year 1999 and appeared in the Pre-Medical Test conducted by the appropriate Board and was granted admission in the M.B.B.S. Course in Gandhi Medical College, Bhopal vide admission memo Annexure P-3 dated 20.12.2000. Petitioner prosecuted her studies in question and passed her graduation examination i.e. MBBS from Gandhi Medical College Bhopal in the year 2005. Thereafter she completed her internship from the same medical college in the year 2006 and was registered as Doctor on 2.12.2006 by M.P. Medical Council, Bhopal. It is stated in the writ petition from para 5.6 onwards that the petitioner through out has a brilliant academic carrier, passed each examination with distinction and the certificate received by petitioner are indicated in these paras. It is stated that after completing her MBBS course with flying colours she again appeared in Post Graduate Examination conducted in the year 2000 and secured 143.74 marks out of 200 marks and got admitted for M.D. Pediatric Course to the same medical college in a seat reserved for scheduled caste candidate. It is indicated in para 5.8 itself that she had secured first position in the reserved category, and in unreserved category she secured position at Sr. No.33 as per merit list and even as general candidate based on merit she should have received admission in the post graduate course.

(3.) Be that as it may be. Petitioner completed her course of studies in M.D. Pediatrics, when the impugned action was taken for withholding her result vide Annexure P-12 dated 10.5.2010. Petitioner was informed that she does not belongs to a Scheduled Tribe category, therefore, her admission and induction to the MBBS course was not proper, accordingly action was proposed to be taken in the year 2010 i.e. more than 10 years after taking admission. It was indicated in the notice issued that petitioner is using the surname 'Gupta' and as person belonging to Scheduled Tribe community does not use such a surname. In the meanwhile, challenging the aforesaid action before this Court, this Court passed an interim order directing the respondents to permit the petitioner to participate in examination and declare her result. Petitioner participated in the examination and had passed the examination with first division. In the meanwhile the matter was referred to High Power Committee constituted by the State Government with regard to determination of her social status. The High Power Committee having submitted report adverse to petitioner, the petitioner amended the writ petition and challenge is also now made to the report of High Power Committee.