9911796707
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Issues Involved:
1. Provisional Admission Status 2. Violation of Principles of Natural Justice 3. Determination of Scheduled Caste Status Detailed Analysis: 1. Provisional Admission Status: The petitioner was admitted to the Gajra Raja Medical College, Gwalior, for the M.B.B.S. Course as a Scheduled Caste candidate. The admission was stated to be provisional, subject to verification of the petitioner's Scheduled Caste status. The court examined whether the provisional admission had ripened into a full admission by the time the expulsion order (Annexure P-6) was passed. It was noted that the Dean had not conducted the necessary verification within a reasonable time. The petitioner had continued her studies, and the expulsion order itself acknowledged her admission, using terms like "PRAVESH DIYA GAYA THA" and "NISHKASIT KIYA JATA HAI." The court concluded that the petitioner's provisional admission had ripened into a full admission due to the Dean's failure to verify her documents in a timely manner. 2. Violation of Principles of Natural Justice: The petitioner argued that the expulsion order (Annexure P-6) was passed without affording her an opportunity to be heard, violating the principles of natural justice. The court acknowledged that the petitioner was not given a chance to present her case either by the Collector, who conducted the inquiry, or by the Dean, who executed the expulsion. The court recognized that the expulsion led to civil consequences, depriving the petitioner of her right to study. However, the court found no justification to quash the order on this ground alone, as the foundational issue was whether the petitioner belonged to the Scheduled Caste 'Khatik,' which was crucial for her admission. 3. Determination of Scheduled Caste Status: The core issue was whether the petitioner belonged to the Scheduled Caste 'Khatik.' The Constitution (Scheduled Castes) Order, 1950, was cited, which lists 'Khatik' as a Scheduled Caste in Madhya Pradesh but does not include 'Sunri.' The petitioner claimed to be a 'Sunri,' arguing it was a sub-caste of 'Khatik.' The court rejected this claim, stating that the statutory order clearly distinguished 'Khatik' and 'Sunri' as separate castes. The court held that evidence to prove 'Sunri' as a sub-caste of 'Khatik' was unnecessary, as the statutory order was explicit. Additionally, the petitioner's documents and family background indicated that they were 'Sunri,' not 'Khatik.' The court concluded that the petitioner did not belong to the Scheduled Caste 'Khatik,' thus invalidating her claim for admission under this category. Conclusion: The court dismissed the petition, holding that the petitioner was not entitled to admission under the Scheduled Caste 'Khatik' category. The court found that the provisional admission had ripened into full admission due to the Dean's inaction. However, the expulsion order was upheld as the petitioner did not belong to the 'Khatik' caste, and thus her admission was invalid. The petition was dismissed without any order as to costs.
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