- (1.) Heard learned counsel for the parties. The petitioner has sought for quashing of the order dated 16th July, 2002 issued by the Registrar, Bihar Council of Medical Registration, Patna, whereby he has been directed to show cause as to why the registration of the petitioner in the Bihar Council of Medical Registration be not cancelled as it was found on the basis of investigation that the petitioner took admission in M.B.B.S. Course on fake certificate. The said notice was issued pursuant to the letter of the Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar dated 16th July, 2002, as contained in Annexure6, whereby it was communicated that the caste certificate of the petitioner was found to be fake and a recommendation for cancellation of his M.B.B.S Degree was made to the Bihar Council of Medical Registration. The petitioner also challenged the report as contained in AnnexureA to the counter affidavit of the State of Bihar respondent nos. 4 to 8, which has been impugned by way of an amendment, allowed by order dated 30th September, 2003.
(2.) According to the petitioner, he is a refugee from Bangladesh since his father came from Bangladesh in the year 1951, as would appear from the East Pakistan Refugees Registration Card (Annexure1). It is submitted that surname 'Rajak' as indicated is associated with the Scheduled Caste "Dhobi" and accordingly to that effect a certificate was also issued by Akhil Bhartiya Dhobi Mahasnagh, which is at Annexure2.
(3.) The petitioner further submits that his father had worked in the Indian Army in the year 1944 and discharge certificate of the petitioner's father also reflected his caste as 'Rajak' which is also 'Dhobi' Caste, annexed as Annexure3 to the writ application. The petitioner qualified in the Medical Entrance Test in the year 1979 and got admission on the basis of the Caste Certificate issued by the Block Development Officer, Jamshedpur dated 16.9.1979 (Annexure4) and the Sub Divisional Officer, Dhalbhum, Jamshedpur (Annexure5). The petitioner thereafter successfully completed the M.B.B.S Course and obtained his degree and whereafter he registered himself in the Bihar Council of Medical Registration in the year 1985, which used to grant Medical Registration in the undivided State of Bihar. The petitioner has since then been practicing as a Doctor at Jamshedpur. It is submitted that vide communication dated 16.7.2002, the Additional Secretary, Department of Health, Medical Education recommended the cancellation of the registration on the basis of the finding that fake caste certificate had been obtained by him. The petitioner has thereafter been issued show cause notice dated 4.10.2002 as contained at Annexure7 by the Bihar Council of Medical Registration.;