SANJAY KUMAR Vs. STATE OF JHARKHAND THROUGH CHIEF SECRETARY, GOVT.OF JHARKHAND
LAWS(JHAR)-2007-5-67
HIGH COURT OF JHARKHAND
Decided on May 11,2007

SANJAY KUMAR Appellant
VERSUS
State Of Jharkhand Through Chief Secretary, Govt.Of Jharkhand Respondents

JUDGEMENT

N.N.TIWARI, J. - (1.) IN this writ petition the petitioners have prayed for a direction on the respondents to admit them in Post Graduate Medical Courses in the Session 2006 -07 for which they have been declared successful in the written examination and also have been finally selected and were called for counseling. According to the petitioners, they are by caste pasi and are the members of the Scheduled Castes. The petitioners are thus eligible and entitled to be admitted in Post Graduate Medical Courses in Rajendra Institute of Medical Science, Ranchi in the quota of the Scheduled Castes which the respondents are arbitrarily and illegally denying by not recommending their names for the same.
(2.) COUNTER affidavit has been filed on behalf of the respondents No. 4 stating, inter alia, that the petitioners are not eligible for recommendation for admission in the Post Graduate Medical Courses as they are the permanent residents of Bihar and they have not produced the required certificates to show that they are the local residents which was one of the criteria for the said admissions. Mr. Y.V. Giri, learned Sr. counsel appearing on behalf of the petitioners, submitted that the stand taken for denial of the petitioners' admission is wholly illegal and arbitrary. The petitioners have produced their caste certificates issued by the authorities of the then undivided State of Bihar as also issued by the authorities of the Jharkhand. The genuineness of the said certificates has not been disputed by the respondents. Learned Counsel submitted that the respondents cannot deny the petitioners admission in the Post Graduate Medical Courses only on the ground that the petitioners are the permanent residents of Bihar.
(3.) MR . Saurav Arun, learned Counsel appearing on behalf of the respondent No. 4, on the other hand, submitted that though there is no denial that the petitioners possessed the caste certificates, but admittedly they are the permanent residents of the State of Bihar and that they are not entitled for admission in Rajendra Institute of Medical Science, Ranchi which is in the State of Jharkhand. Learned Counsel submitted that the petitioners have shown their correspondence addresses in the State of Jharkhand which is not sufficient for giving them the benefit of the reservation quota.;


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