PASHUPATI NATH PRIYADARSHI Vs. STATE OF BIHAR
LAWS(JHAR)-2004-9-43
HIGH COURT OF JHARKHAND
Decided on September 28,2004

Pashupati Nath Priyadarshi Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) IN this writ application the petitioner seeks appropriate direction upon the respondents to admit him in the first year of M.B.B.S. Course in any of the Medical College of the Government of Jharkhand in the Session commencing from 2004 -2005 and not to reject his claim for admission on the ground of his permanent address shown as outside of the State of Jharkhand.
(2.) PETITIONER 'scase is that he appeared in the Jharkhand Comomed Entrance Kxamination conducted by the Board and in the preliminary examination he has succeeded. Thereafter, he appeared in the Main Examination which was held on 4.7.2004 which also he succeeded and in the category of Scheduled Caste he ranked second in the merit list. Petitioner was called for counseling on 3.9.2004 before the Counseling Board and submitted all the documents including caste certificate issued by the Sub -divisional Officer, Sadar Bhagalpur and also cast certificate issued by the Deputy Commissioner, Bokaro and Sub -divisional Officer, Bokaro -Petitioner 's case is that his father is a permanent employee of Bokaro Steel Plant Bokaro Steel City since 1971 and now he is working as a Junior Manager in Bokaro Steel Plant. Petitioner and his family is permanent resident of Bokaro Steel City since 1971. Petitioner 'sfurther case is that he was also born in the town of Bokaro Steel City in the year 1985 and got his education at Bokaro. Inspite of that respondents denied admission on the ground that his permanent address was shown in the State of Bihar (Bhagalpur). A counter affidavit has been filed by respondent No. 2, Controller, Jharkhand Combined Entrance Competitive Examination Board, stating inter alia that petitioner was denied admission on the ground that he is permanent resident of State of Bihar and also for want of requisite certificate in proper format. It is stated that the Board rejected the claim of the petitioner for want to caste certificate in the prescribed proforma as staled in Annexure -3 to the writ application as well as Annexure -A to the counter affidavit.
(3.) MR . Saurabh Arun, learned counsel appearing for respondent No. 2 tried to justify the decision of the Board denying admission of the petitioner on the ground that petitioner failed to produce caste certificate in the prescribed proforma mentioned in Annexure -3 to the writ application and Annexure - A to the counter affidavit.;


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