ASIYA SHAH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2002-2-57
HIGH COURT OF JHARKHAND
Decided on February 13,2002

Asiya Shah Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

TAPEN SEN, J. - (1.) IN this writ application the petitioner Asiya Shah, has prayed for a direction upon the respondents to accept her admission in the M.B.B.S. course at the Rajendra Medical College. Ranchi for the Session starting from 2001. According to the petitioner she had been selected in the Jharkhand Combined Entrance Competitive Examination. 2001 (J.C.E.C.E.) and her application was duly forwarded for Counselling but even thereafter, the Principal of the said college refused admission on the ground that she does not fulfil the residential eligibility.
(2.) THIS case was heard at length and both Mr. Anil Kumar Sinha, Senior Advocate and Mr. Pradip Modi, learned G.P.I. argued and represented their respective clients. According to the petitioner, she has born on 4th of August. 1982 at Jamshedpur and she completed her scholastic life in the Little Flower School at Telco Colony. Jamshedpur where she studied from K.G. to Class 12th. The petitioner states that in the mean time, she appeared in the Entrance Examination conducted by the Board and she was declared successful and was placed 9th in the General Category. The petitioner states that she was also asked to appear before the Counselling Committee where all documents were verified and thereafter, the Committee advised her to report to the Principal. Rajendra Medical College. Ranchi for admission. But her admission was refused. The petitioner came to learn that the refusal was on account of the fact that the Principal did not accept the Residential Certificate submitted by her and issued by the S.D.O. Dhalbhum at Jamshedpur (Annexures 5 and 6) which certified that the petitioner had been a resident of Golmuri, East Singhbhum for more than ten years and that her father having joined TELCO on 04/11/1963 was still in service.
(3.) ACCORDING to the learned Counsel for the State and as per the counter -affidavit of the Principal. Rajendra Medical College. Ranchi. only those candidates who were citizens of India and who satisfied the domicile criteria laid down under Sub -clause (i) to (vi) of Clause 14. 8 (Kha) of the Prospectus were entitled to take admission in the Medical College. According to him the residential certificate marked as Annexure -5. dated 04.12.2001 is a temporary certificate and it certifies that the father is an employee of TELCO and that the lather is a resident of Golniuri for more than ten years. According to him this is not a 'native certificate' nor a 'domicile certificate.';


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