RASHMI PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THE facts involved in the present writ petition are that the petitioner, Dr. Rashmi Pal, for the purpose of admission in post -graduate course, appeared in U.P. Post Graduate Medical Entrance Examination, 2000 with roll number 2580 which took place on 16th January, 2000 at Kanpur. At that time 'Jat' community was not included in the list of Other Backward Classes (hereinafter referred to as the O.B.C.). The contention of the petitioner is that she comes from a backward community namely 'Gadariya' which is recognized as the O.B.C. and is shown as such in Schedule I attached with the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 being U.P. Act No. 4 of 1994 (hereinafter referred to as the said Act). The petitioner passed M.B.B.S. examination in the year 1998 from Maharani Laxmi Bai Medical College, Jhansi and completed internship in the year 1999 from K.G. Medical College, Lucknow. The result of the above examination was published on 10th April, 2000 and the combined merit list of candidates of all categories i.e. General/O.B.C./Schedule Castes and Scheduled Tribes, who appeared in the examination was displayed on the notice board of the office of the opposite party No. 2 in which the roll number of the petitioner was placed at rank 978. The said result showed that 475 candidates have obtained 50% or above marks irrespective of their category and in all 1004 candidates including General/O.B.C./S.C. & S.T. have obtained 40% or above marks. On the basis of the said result the rank, of the petitioner amongst O.B.C. candidates comes approximately at 125. Subsequently, however, another category -wise list of General Candidates, O.B.C. candidates and S.C. candidates was prepared in which the name of the petitioner appeared at Sl. No. 146, whereas the rank of the petitioner in the list displayed on the notice board of the office of the opposite party No. 2 comes approximately at 125 amongst the O.B.C. candidates. It is the contention of the petitioner that subsequently, opposite party Nos. 2 and 3 called upon caste certificate from the 'Jat' candidates for giving them the benefit of reservation in the present examination, the counseling of which was scheduled on 14th, 15th and 16th May, 2000. The petitioner through her husband, Dr. V.S. Pal, gave a representation to the opposite parties 1, 2, 3 and 5 that the 'Jat' should not be included in O.B.C. in the said examination as the State Government had no authority to include them in the said list. The contention of the petitioner is that the notification dated 10th March, 2000 issued by the opposite party No. 4 is arbitrary, illegal and without authority or jurisdiction since no recommendation was made by the U.P. State Commission for Backward Classes Act, 1996 to that effect. It may be noted that the petitioner is already in O.B.C. category and in any way her right is not affected by including 'Jat' community in the said category. After taking into consideration the facts of the petitioner's case it appears that she has been selected for Pathology course. Learned Advocate General submits that, even assuming 'Jat' community is included in the O.B.C. category 12 posts are still remain vacant and in that view of the matter her right is not affected at all and as such we are of the view that the petitioner has no right to challenge the notification, which is a policy decision of the State Government. The Supreme Court in paragraph 117 of its decision in Indra Sawhney etc. v. Union of India and others : AIR 1993 SC 477 has, inter alia, held as follows:

(2.) IT may however, be noted that the State Government has created a Commission for the above purpose in the year 1994 and some of the Jats have already applied to the said Commission for inclusion of the Jat Community in O.B.C. category in the year 1994. The matter is pending since long. Last time the Commission took up the matter on 27th July, 1999 and the Commission asked for the report of the National Commission in that regard.

(3.) WE have considered the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 and the U.P. State Commission for Backward Classes Act, 1996 and on consideration of all aspect of the matter it appears that the State Government is empowered to issue such notification. Section 9(1)(a) of the said Act, 1996 provides as follows: