- (1.) The Petitioner claims admission on the basis of Punjab Medical Entrance Test-2008 (for short PMET-2008) against the seats meant for Scheduled Caste category in Bachelor of Dental Science Course.
(2.) The Petitioner qualified her matriculation examination from ICSE in the academic year 2005-06 and 10+2 examination in the academic session 2007-08 from the Punjab School Education Board. Baba Farid University of Health Sciences, Faridkot, conducted PMET-2008 for admission to Medical Courses in the State of Punjab. The Petitioner obtained 369 marks. It is the case of the Petitioner that her mother is a Scheduled Caste and as per Government of India policy instructions dated 21st May, 1977 regarding the case status of the offspring of inter caste marriage, such as the Petitioner, Scheduled Caste certificate was rightly issued by the Tehsildar, Grudaspur. The Petitioner was not admitted against the seat meant for Scheduled Caste category on an objection raised by the Welfare Department to the effect that the Petitioner cannot be granted benefit of reservation category seat. The Petitioner submitted representation for admission to the course but in spite of Government of India circular, the Petitioner was not granted provisional admission. It is the case of the Petitioner that the State and the University authorities are bound by the instructions issued by the mandate of the Central Government and, thus, action of the Respondent in not admitting the Petitioner against the seat reserved for Scheduled Caste category is not jusitfied.
(3.) The relevant extract from the instructions, dated 21st May, 1977 reads as under: 3. ... In view of the above observations by superior Court, it can safely be concluded that the crucial test to determine is whether a child born out of such a wedlock has been accepted by the Scheduled Caste community as a member of their community and has been brought up in that surrounding and in that community or not. The nexus between the child and the community or class or class is a real test irreespective of the fact whether the accommodating class or caste or community is Scheduled Caste community or a caste Hindu community. Even if the mother of the child is a member of the Scheducled Caste community, it is possible that the child it accepted by the community of his father and brought up in the surroundings of his father's relations. In that case, such a child cannot be treated as a member of the Scheduled Caste community and cannot get any benefit as such. Similarly, when the mother belongs to a higher caste and the father is a Scheduled Caste community and the child may be brought up in a different surrounding under the influence of his mother's relations and her community members. In such cases' also, the child cannot be said to be a member of the Scheduled Caste community. In the alternative, where the child irrespective of the fact whether the father or the mother is a member of Scheduled Caste community, is brought up on the Scheduled Caste community as a member of such community, then he has to be treated as a member of the Scheduled Caste community and should be entitled to receive benefits as such. (4) It can be derived from this that the illegitimate children are generally brought up by the mother and in her own surroundings. Therefore, if the mother belongs to the Scheduled Caste and brings up the child within a Scheduled Caste community, the child can be taken as a member of the Scheduled Caste community. But in this case also the major factor for consideration is whether the child has been accepted by the Scheduled Caste community as a member of their community and he has been brought up as such.;