- (1.) We have heard learned senior counsel for the appellant and learned counsel for the respondent.
(2.) Based on the Scheduled Castee certificate granted by the Sub Divisional Officer, Jehanabad, dated 1.12.1988, the appellant was admitted into the MBBS Course at Dharbanga Medical College. He successfully completed the medical course and was issued MBBS Certificate from L.N. Mithila University and got himself registered as Medical Practitioner. It appears that a complaint was made by some Organization inter alia alleging that certain candidates secured admission to MBBS course on the basis of false Caste Certificates and the appellant was one amongst them. Based on the said allegations, a criminal case was registered against the appellant with which we are not concerned for the present in this matter.
(3.) That a show cause notice was issued to the appellant on 25.4.2000 by the Deputy Secretary to the Government Health Department, Government of Bihar, inter alia alleging that the appellant in fact belongs to Koeri Caste but he secured admission in MBBS Course in the year 1988 on the strength of Scheduled Caste Certificate issued by the competent authority. It is further alleged that the said Caste Certificate was duly verified and upon such verification the District Magistrate, Jehanabad submitted an inquiry report that the Caste Certificate was found forged. The appellant was accordingly required to submit his explanation in that regard enabling the Government to take an appropriate decision in the matter. The appellant submitted a detailed reply asserting that he belongs to the Scheduled Caste and the certificate obtained by him and submitted at the time of joining MBBS course was a correct one. Thereafter, without making any inquiry whatsoever based on some ex-parte report submitted by the District Magistrate, the Deputy Secretary to the Government, addressed a communication to the Principal Dharbanga Medical College to cancel the admission of the appellant with immediate effect and with a further direction to cancel his Registration Certificate in case if he had already left the college after completing his medical course.;