Guman Mal Lodha, J.
1. 'Mahar-Manu' Dr. Bhimrao Ambedkar's success in providing 'reservation'; 'for' poor and downtrodden, 'Scheduled Caste and Scheduled Tribes', who are centuries old sufferers of oppression and repression, suppression and consequent depression, and who have been, ruthlessly crushed and brushed aside, by the society; have been undermined, by ingenuity of superminds. Dr. Ambedkar, was Mahar-Manu, because he was 'Mahar' by birth and by drafting the great Indian Constitution, he rose to the heights of 'Manu'. Mahrishi Manu again was a Non Brahmin who gave 'Manu Smriti' and formulated Hindu social laws, giving emphasis to (i) the protection of women (ii) Protection of the weak (iii) the equality of man etc. It is in this context, that I have called Dr. Ambedkar 'Mahar Manu' of the modern free India.
2. This case is a typical example of the same ingenuity, where a 'Jat' (non Scheduled Caste & Tribes) student could successfully usurp the 'reservation' quota in 'Medical College' by a novelistic device and trickery.
3. Harphool Singh, petitioner, a student of Medical College, has filed this writ petition, second in succession in the earlier one, in his legal struggle to complete his studies of the medical college, in spite of the fact that the admission which he secured as a, 'Meena' has been found to be based on wrong declaration, because he was 'Jat' by caste. The case provides a typical example of allegedmisuse of the reservation in educational institutes for 'Scheduled Castes and Scheduled Tribes'.
3A. In the earlier writ petition, this Court gave a direction that since the cancellation of the admission of the petitioner has been done in violation of principles of natural justice, respondents should allow him an opportunity of showing cause, before considering the question of cancellation of admission. After the above judgment, opportunity was given to the petitioner, and the documents which were submitted, were taken on record and thereafter, an order for cancellation of his admission was passed, which is under challenge in this writ petition.
4. The undisputed facts of the case are that the petitioner was educated in Doongar College, Bikaner, where he described himself as Mat' by caste. However, when he wanted to secure admission in the medical college, he described, himself, as 'Meena' by caste, and produced a certificate of the District Magistrate, Jhunjhunu, on the basis of which admission was given to him in the year 1973-74. While the petitioner was continuing his studies in the medical college, a complaint was filed against him that the petitioner is a 'Jat' by caste, and he has secured his admission to the medical college fraudulently. This complaint was filed on 26th December, 1976 by one Shri Narain Singh of village Lamba.
5. The Principal, K.N.T. Medical College, Udaipur has written to the Superintendent of Police Jhunjhunu, on 20th January, 1977 to make an inquiry into the complaint, whether the petitioner Harphool Singh S/o. Sh. Sanwal Ram R/o Village Lamba Tehsil Chirawa District Jhunjhunu is 'Meena' by caste or 'Jat' by caste. The Principal, Doongar College, Bikaner vide his letter dated 9th April, 1977 informed the Principal of Medical College, Udaipur that this boy took admission in his college in the year 1971-72 in First year TDC (Science) and as per the document of the college, he is 'Jat' by caste and is not a member of Scheduled Tribe.
6. District Magistrate, Jhunjhunu on 7/10-10-77 on the basis of the inquiry which he got conducted, wrote to the Principal that this bov has obtained admission in the medical college, fraudulenty, as he is 'Jat' by caste and therefore, he must be removed from thecollege and complaint should be made to the police. Superintendent of Police, Jhunjhunu on 28th April, 1977 again reported that the S. H. O. P. S. Pilani on the basis of the inquiry, has held, that Harphool Singh is 'Jat' by caste and not Meena. The Superintendent of Police, Jhunjhunu again on 1st July, 1977 reported that two successive police officials, Circle Officer, Jhunjhunu and S. H. O., P. S. Pilani, have come to the conclusion that the petitioner is 'Jat' by caste and the Ration Card of Sanwalram has further corroborated it. After this, impugned order, in the first writ petition was passed.
7. As mentioned above, after the first writ petition was allowed, petitioner was called upon to file documents in support of his version that he was 'Meena' by caste. Petitioner filed certain affidavits and also submitted that application form of the primary school would also corroborate his claim of being 'Meena', Before this Court, a copy of the form of the admission in primary school has been filed earlier and according to that, petitioner was described as 'Meena.'
8. After consideration of the documents filed, impugned order for removal of the petitioner from the registration in medical college, has again been passed and the same has been again challenged on a number of grounds.
9. The respondents have contested writ petition, and submitted that this is a case of deliberate fraud.
10. I have given very careful and thoughtful consideration to the various submissions of the learned counsel and the diverse conflict of law and equity in this case. Mr. Bhargava's principal contention is that the reasonable opportunity has not been given to the petitioner and documents filed in the shape of the affidavits by the petitioner, had not been considered by the respondents, before passing order of his removal from the registration and roll of the Medical College. It was argued that in any case, the form of the primary school mentions that the petitioner is 'Meena' by caste and therefore, since that form was filled at a time when there was no dispute, there is inherent truth in the case of the petitioner that he is 'Meena' by caste
11. Mr. Mathur, Additional Government Advocate. vehemently opposed the submission of Mr. Bhargava and submitted that the reasonable opportunity inthe case of the student, where an inquiry is made about the caste does not mean that the evidence should be recorded in their presence and any quasi-judicial procedure should be adopted. All that is required is that the boy must be Riven opportunity to show cause, and the same has been done in this case.
12. Mr. Mathur, also argued that a malpractice to give false declaration of belonging to the Scheduled Caste/Scheduled Tribe for securing admission in medical college or such other technical colleges, is on increase and therefore, this Court should not encourage any such practice by humanitarian consideration for the career of a boy.
13. The various submissions made by the respondents, normally show that the story which has been put by the petitioner now, that he was son of Sanwalram Meena who expired along with his wife, when he was only 5 years of age and therefore, he remained in the family of Sanwalram Jat S/o Sh. Peetharam, leaves much to be desired. Undoubtedly Sanwalram has put thumb impression, as his father in the form filled in before the authorities in the medical college, and he has represented, himself to be father and further when the boy took admission in the Doongar College, Bikaner, his caste was mentioned as 'Jat'.
14. Normally, as is well known, number of benefits in the form of scholarship, free books, free hostel facilities etc., are given to the students belonging to the 'Scheduled Caste and Scheduled Tribe', and it is impossible to conceive, that a boy belong to the 'Scheduled Tribe' would wrongly describe himself as 'Jat'. It is true that the form which has been filled in, in the Primary School as produced in the earlier writ petition, describes the petitioner as 'Meena' by caste but there too on the inspection of the original form which was brought before me, it is difficult to give a finding that it is genuine. It is a loose 'isolated' single separate form. The form of this nature cannot provide any evidentiary value of genuineness, though this Court would not declare it as fraudulent or forged one also, because in view of ultimate findings and relief, which I propose to give, it would be unwarranted to enter into this controversy in depth.
15. The least which can be said, is that on a careful study of all the docu-ments and more particularly, the form filled in by the boy in the Doongar College, Bikaner and the different stories about the parentage, leave an impression that effort has been made to secure admission in the medical college by hook or by crook, and by misusing 'Reservation' Quota.
16. However, there are very weighty supervening factors, which have intervened on account of passage of time. Petitioner was admitted in the medical college in the year 1973 and by the time, an order for his removal was made, he had already come in the final year of the M. B. B. S. course, after completing seven semesters and only two remained. On account of the filing of the earlier writ application and the order which was given in this writ petition, he has also appeared in the ninth Semester, result of which is before this Court in terms of stay order passed by this Court on 3-3-1980. As per this result of the examination of the final year, M. B. B. S. course held in February, 1980, this boy has failed because he secured 696 marks out of 1400, whereas he was required to secure 700 marks for passing in the final year examination.
17. The examinations of the final year M. B. B. S., course, are now going to commence on 30th August 1980.
18. The reservations for 'Scheduled Caste and Scheduled Tribe' have been made in our Constitution because it is not possible to admit all the boys who are anxious to get admissions, in the medical colleges as the seats are very limited. With the meagre finances and employment problems, the admission are regulated and restricted. The boys belonging to the 'Scheduled Caste and Scheduled Tribe' normally come from 'poor and downtrodden families' who were deprived of equal opportunity of learning for centenaries altogether in our country. They are normally not able to compete with other boys in the academic field. Therefore it has been thought proper by the founding father of the Constitution to give them weightage and reservation.
19. But even if the admission of this boy, is now cancelled, it would not be possible to undo the mischief done earlier of depriving a boy of Scheduled Tribe, because what could have been done in 1973 for admission, cannot be done now. The court has been put in severe and serious 'predicament' due to this, and is caught in, what is proverbially termed as 'horns of dilemma.'
20. In addition to the above, yet another factor which has weighed with this Court, is that the admission was given, on the basis of the certificate of District Magistrate, certifying the petitioner to be a member of the Scheduled Tribe and the respondents could not detect it for 3 long years by which time almost major part of the M. B. B. S., course was over, and now it would be national waste, in addition to the loss of the career of a boy. if the petitioner is deprived from his enrolment in the medical college. The respondents are even otherwise estopped from unseating him now on principle of 'estoppel.'
21. In this respect, I am fortified in my view, by the judgment, of the Delhi High Court in Inder Prakash v. Deputy Commissioner, Delhi (AIR 1979 Delhi 87) wherein, the Court observed as under:--
'In the absence of any definite action after 1972 the petitioner was entitled to assume that by pursuing his studies he was not wasting his years. Having, therefore, thus virtually induced the petitioner to continue with the studies unhindered during a long period of four years, out of the total duration of the course of 5 years, it was not open to the authorities to turn round in the year 1975, when the petitioner had already reached the final year, to tell the petitioner that on verification it had been found that the petitioner did not. belong to the Scheduled Caste and had obtained admission by a false representation.
On account of inordinate delay of about four years, during which the petitioner continued his studies, the authorities would be disentitled to revoke the admission of the petitioner, whatever may have been the nature of the petitioner's representation and whether or not the petitioner did or did not belong to the scheduled caste, The impugned order of cancellation of admission would, therefore, be liable to be quashed on this ground alone.'
22. Thus, with utmost reluctance, I am inclined to quash the impugned order of cancellation of admission and enrolment of the petitioner in the R. N. T. Medical College, Udaipur. If the supervening factors pointed out by me, as above, would not have been there, I Would have no hesitation in maintaining the order of cancellation of admission of the petitioner, because it is in the interest of all concerned, that purity ismaintained in the educational field and the deserving boy of Scheduled Castes and Scheduled Tribes, for whom constitutional founding fathers have provided reservation and protection, are not deprived of their constitutional rights, by such devices.
23. Such devices in fact, not only deprive individual boys of Scheduled Caste and Scheduled Tribe, from getting admissions or appointments in the matter of service, if some protection is there, but actually pose a serious danger to the Constitution itself. However, as I have mentioned above, neither respondents, nor this Court, can now undo whatever violence has been done to the Constitution, in respect to reservation of the Scheduled Caste and Scheduled Tribe by such devices. AH that can be said, is that District Magistrate and the Educational authorities, should be very careful in such matters in order to implement and respect constitutional safeguards and protection provided to the members of Scheduled Caste and Scheduled Tribe, both in letter and spirit, and should ensure that it is not abused and misused.
24. The result is that this writ petition succeeds and is hereby accepted. The impugned order dated 25th February, 1980 (Annexure 4) cancelling the admission of the petitioner at R. N. T. Medical College, Udaipur is quashed. The respondents are directed to allow the petitioner to continue his studies in the M. B. B. S. final and appear in the Examination of M. B.B.S. scheduled to be held on 30th August, 1980 and if necessary in future. There would be no order as to costs.