TMI Blog1983 (11) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... aste--'Khatik' -- or not. On this enquiry, of which the petitioner had no notice, the Collector, Hoshangabad, found that the petitioner does not belong to the Scheduled Caste. On the basis of this report, the Dean, G.R. Medical College, Gwalior, vide Annexure P-6, was intimated that the petitioner be expelled from the College in case she had obtained the admission on the basis of her being a Scheduled Caste candidate, as, as per the enquiry report of the Collector, Hoshangabad, she has been found to be not belonging to the Scheduled Caste-'Khatik'. The Vice-Dean of the Medical College, accordingly, expelled the petitioner, as is indicated by his order on the back of Annexure P-6 itself. 3. The order (Annexure P-6) expelling the petitioner has been challenged on various grounds raised in the petition. Although the grounds raised in the petition, supplemented by a rejoinder, are quite populous, the Learned Counsel for the petitioner had planned down to the proposition that the order (Annexure P-6) is bad in law on the solitary ground that it has been passed in violation of the principles of natural justice. His submission had been that the foundation of the order ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. 8. The main plank of the State Government in support of the contention that the admission of the petitioner (Annexure R-IV) was provisional and continued to be so. Annexure R-IV, so far relevant, reads as under : *** *** *** Subject to fulfilment of the conditions laid down in Rules 4, 5, 6, 22 and 23 of the Rules for admission into Medical, Dentistry and Ayurvedic Colleges in M.P., you are hereby provisionally selected for admission to 1st Year MBBS/BDS Course in the Medical College, Gwalior. You are accordingly directed to report to the Dean, Medical College /Principal, Gwalior for admission latest by 6-4-1981 under intimation to this office and produce before him the required certificates in original under the said Rules. In case you fail to report to the Dean, Medical College, Gwalior within the specific time your selection shall be treated as automatically cancelled without further notice. It should also be noted that this submission is purely provisional and if after enquiry it is found that you do not belong to Scheduled Caste category or do not fulfil any of the conditions as per rule, you are liable to be expelled from the College. Sd/- R.K. Bhatnagar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in a College, every year of study matters in his life and career. If the student is not told within a reasonable time, his year would be wasted, as otherwise he can, on refusal of admission at an early stage, chalk out his plan so as to utilise that year of study. The question arises what can be the reasonable time within which the Dean may reject the provisional admission. It may be stated here that in the return of the State Government, nothing has been mentioned so as to provide a data for determining this reasonable time for verification. We, during the course of the arguments, put a specific query to the learned Deputy Government Advocate appearing for the State to let us know the period within which this verification is generally being done. The learned Deputy Government Advocate regretted his inability to answer for want of instructions in that regard. He, however, submitted that it could be done any time during the academic session, and on such verification, if the student being found to be ineligible, he can be told that admission is refused to him. In our view, unless there is/are some special reason/reasons, it should be done within a month or two, so that, in the even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamination. Further, if the candidate is selected on the basis of any false or incorrect statement, he shall be liable to be removed from the College by the Deans of Medical Colleges or Principal of College of Dentistry or Principals of Ayurvedic Colleges, as the case may be, or by such authority as the State Government may specify. xxx xxx xxx 26. (1) If the Board has reason to believe that the certificate furnished in support of the categories mentioned in rule 7 are incorrect or incomplete it may reject the application for admission. (2) If the Board has reason to believe that the certificate issued by the Collector is not correct and the applicant is not a bona fide resident of Madhya Pradesh or does not belong to a Scheduled Caste or Scheduled Tribe, it may reject the application of candidate for admission to the Medical College, as the case may be, and, if admitted, may expel him. xxx xvx xxx From the fore-quoted Rule 7, a subtle distinction has to be marked that the rule making authority has used different expressions for refusal of admission and for removal after admission. To quote : for the former, be rejected for admission and, for the latter, shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nciples of natural justice had to be followed in passing the order impugned. However, on the facts of the instant case, we do not find any justification in this case for quashing the order impugned on the ground that it was passed in violation of the principles of natural justice. The foundation of the petitioner's admission was her belonging to the Scheduled Caste--'Khatik'; whereas the petitioner's own document and the basis of her being categorised as belonging to the Scheduled Caste -'Khatik'--reveal, as we shall presently discuss hereinafter that the petitioner is not a 'Khatik'. We, therefore, do not see in a case like this that it would be of any useful purpose, to the petitioner, if she was given an opportunity of being heard, since the petitioner claims to be of 'Khatik' caste on account of her being a 'Sunri', which, according to her is a sub-caste of 'Khatik'. 11.01. According to the Constitution (Scheduled Castes) Order, 1950, in Part IX--Madhya Pradesh, at item No. 30 'Khatik' is included in the Scheduled Castes. In Part XIX relating to West Bengal, at item No. 57 'Sunri' (excluding 'Saha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the certified copy thereof. So we again reiterate that in face of what we have said hereinabove, there is no disputed question of fact calling for evidence. We do not deem it necessary to discuss various decisions referred to by the Learned Counsel for the petitioner in support of his argument, that the petitioner is entitled to lead evidence to prove that 'Sunri' is a sub-caste of 'Khatik', for the simple reason that they are quite distinguishable from the facts of the instant case. In the instant case, we have found that 'Khatik' and 'Sunri' are quite distinct castes and, as such, the question of leading evidence that 'Sunri' is a sub-caste of 'Khatik' does not arise. It would also be significant to state that as per annexure P-12-A, a document relied upon by the petitioner, the origin of the petitioner's family is from Bengal. To quote : • • € œ š • € - ˆ | • € ‹ € • ‡ ‚ • ‡ • &# ..... X X X X Extracts X X X X X X X X Extracts X X X X
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