LAWS(MPH)-2009-1-75

JYOTI CHHATTARI Vs. STATE OF MADHYA PRADESH

Decided On January 27, 2009
JYOTI CHHATTARI Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner seeking the following main reliefs:

(2.) THE facts leading to the petition are that the petitioner was given admission in the MBBS course. The admission was said to have been obtained by the petitioner on the ground of submission of the status certificate. The petitioner continued to appear in the examination and has also passed the aforesaid examination in March-April, 2002 and has also been granted provisional registration after passing the final mbbs examination and is registered provisionally under the provisions of Section 11 (3) of the M. P. Ayurvigyan parishad Adhiniyam, 1987.

(3.) IT was the allegation against the petitioner that she is chhattari, a caste recognised as schedule tribe but, is in fact `tamrakar' which falls in the category of other backward classes and on this basis, it was found that the petitioner was given the undue benefit of the caste certificate treating her to be a schedule tribe. The complaint as such was made in the year 1998 when the petitioner got her admission in the MBBS course (first year) and was carrying out her studies in the first year. On basis of complaint, the Dean of the Medical College, indore cancelled the admission of the petitioner by order dated 21. 4. 1998. Against the order of cancellation of admission the petitioner preferred a writ petition before this Court which was registered as W. P. No. 2255/1998 wherein the order dated 21. 4. 1998 was ultimately set aside by which the admission of the petitioner was cancelled. Thereafter, another petition was filed by the petitioner which was registered as Writ Petition No. 590 of 2003 before the indore Bench and the same was decided on 7. 5. 2003 whereby a direction was issued to the State Government to complete the inquiry in respect of the genuineness of the caste certificate of the schedule tribe submitted by the petitioner. The inquiry was directed to be completed within six months.