ANJANI KUMAR, J. - (1.) BY means of this writ petition petitioner has challenged an order passed by the respondent -University dated 26 -11 -1992 (Annexure -11 to the petition) whereby the petitioner's admission to M.B.B.S. course in the institute of Medical Sciences, Banaras Hindu University, Varanasi has been cancelled.
(2.) FACTS leading to filing of the present writ petition are that the petitioner who was admitted to M.B.B.S. Course in the year 1990 under Scheduled Caste Quota and on the basis of his performance in the pre -medical test the petitioner could not have been admitted under General Quota. University further says that it came to the knowledge of the University that the petitioner claims to be a Scheduled caste candidate not on the basis of birth in Scheduled Caste family but by adoption in a Scheduled Caste family. The University therefore, directed the petitioner to produce necessary documents on the basis of which petitioner claims to be a Scheduled Caste candidate. On the aforesaid query made by the University, the petitioner filed a photostat copy of the deed of adoption dated 28 -8 -1989 purporting to have executed by one Algoo the alleged adopter father (who has put his thumb impression) and Jagat Narain Singh and Smt. Rajkumari Devi the parents of the petitioner who have put in their signatures on the said deed. The University further says that from the examination of the aforesaid deed and other documents, it transpires that all through the petitioner's educational carrier, petitioner has been describing himself as son of Jagatnarain Singh and passed his intermediate examination in the year 1985 showing as he is son of Jagatnarain Singh with a view to get admission in the Institute of Medical Sciences, petitioner appeared to have got prepared a deed of the year 1989 with a statement therein that the petitioner has already been adopted by Algoo 15 years ago and in the application for admission to MBBS course on the declaration by the father there appears signature of Algoo (which shows that Algoo is literate). In the application for admission to MBBS course in place of signature of father/guardian, Jagat Narain Singh, natural father has signed.
(3.) UNIVERSITY further says that all these facts go to show that the deed of adoption is forged document only for seeking admission under Scheduled Caste Quota whereas admission under Scheduled Caste Quota can be availed only by person belonging to Scheduled Caste by birth not by adoption. The petitioner was therefore by memo dated 7 -12 -1991 asked to show -cause as to why his admission be not cancelled (Annexure 6 to the writ petition). In reply to the aforesaid show -cause notice the petitioner wrote a letter addressed to the Director of Medical Sciences, Banaras Hindu University giving a reference to the show -cause notice referred to above that in para No. 7 of the said notice it has been stated that for admission under Scheduled Caste Quota a candidate should be Scheduled Caste by birth and not by adoption. This inference has been drawn on what basis, university has not pointed out. The University replied the aforesaid letter by memo dated 18 -12 -1991 stating that reservation under Scheduled Caste are not meant for the persons belonging to higher castes claiming to have been adopted by a scheduled caste and further asking to submit his explanation positively by 23 -12 -1991.;