- (1.) By means of this writ petition, the petitioner has come up to this Court seeking admission in U.P. Post Graduate Medical Education Examination (in short UPPGMEE) conducted in the State of U.P. The petitioner was admitted in M.B.B.S. Course in 2006-07 in State of U.P. under Scheduled Tribes category on the ground that he has migrated from Alwar Rajasthan to Bijnore. It has to be noted that according to the information brochure such candidates, who are given Scheduled Tribes status in another State would be entitled for admission in State of U.P. provided they have migrated from the State where they were given such status to the State of U.P.
(2.) The petitioner's father at the time of his admission in M.B.B.S. Course was working with the Railway and was posted in Bijnore and the petitioner used to reside with him. On this account, it appears that the certificate of domicile was issued upon the petitioner applying in the prescribed proforma after due verification by the prescribed authorities he was provided admission. Petitioner completed his Course in 2012-13. Thereafter, he applied for U.P. Post Graduate Medical Education Examination (in short UPPGMEE). At this stage, the petitioner was again required to file his certificates in a proforma provided in the brochure, which is annexed in the supplementary counter affidavit filed on behalf of the respondent Nos.3 and 4. Petitioner could not furnish the certificate in the prescribed proforma after due attestation with the local authorities and therefore, the respondent No.3 declined admission to the petitioner in the P.G.Course.
(3.) Sri. M. C. Chaturvedi, learned senior counsel appearing for the petitioner submits that once the certificate has been granted and the petitioner pursued a course, he cannot be denied admission to higher studies only on the ground that he could not furnish fresh certificate in the prescribed proforma attested by the authorities with regard to his status as Scheduled Tribes candidate from Rajasthan. The State-authorities in the counter affidavit have come up with a stand that since petitioner's father was posted in Bijnore and petitioner used to reside in Bijnore, the prescribed proforma was attested by the authorities treating the petitioner to have migrated to U.P. with his family, but after his admission, father of the petitioner was transferred to Delhi and now he has retired and no longer resides in the State of U.P., therefore, the said benefit of the Scheduled Tribes status cannot be granted to the petitioner as now it cannot be said that the petitioner has migrated from Rajasthan to State of U.P.. It is submitted that the petitioner although is eligible to peruse his course in the State of U.P., but not under reserved category, but as a general candidate which seat was also offered to the petitioner, but he declined.;