SUNIL Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) The Petitioner was provisionally admitted to MBBS course in the third Respondent College in the year 2004, by securing the benefit of reservation as a candidate belonging to the Scheduled Tribe of 'Mahadeo Koli'. The Caste Scrutiny Committee, by order dated 31.12.2005 invalidated the Petitioner's caste claim. The Petitioner filed a writ petition (W.P. No. 3067 of 2006) in the Bombay High Court challenging the said order dated 31.12.2005 of Caste Scrutiny Committee. The High Court, by interim order dated 6.10.2006, protected the admission of the Petitioner. Subsequently, the High Court by order dated 27.2.2009, disposed of the writ petition directing Caste Scrutiny Committee to decide the caste claim of the Petitioner afresh. The Caste Scrutiny Committee after giving personal hearing to the Petitioner invalidated the caste claim of the Petitioner vide its order dated 19.5.2009. Aggrieved by the said order, the Petitioner preferred W.P. No. 5066/2009 before the High Court. In the said petition, he also filed Civil Application No. 9066/2010 for issue of a Degree Certificate, as he had already completed the MBBS Course and passed the examination. The High Court by the impugned judgment dated 13.12.2010 dismissed the said writ petition and application of the Petitioner, as a consequence rejecting the caste claim of the Petitioner. Feeling aggrieved, the Petitioner has filed these special leave petitions challenging the impugned order of the High Court.

(2.) On considering the matter, we are of the view that the Petitioner has not made out any case for interfering with the finding of the Caste Scrutiny Committee which has been affirmed by the High court. The special Leave Petition in the normal course would have to be dismissed.

(3.) In this case the Petitioner who was admitted to the MBBS Course in 2004 has completed the course and has also passed the examination. In such circumstances, this Court in State of Maharashtra v. Milind and Ors., 2001 1 SCC 4 and in Yogesh Ramchandra Naikwadi v. State of Maharashtra and Ors., 2008 5 SCC 652, permitted the students concerned to retain the benefit of the studies undergone by them and the degree obtained in pursuance of it subject to the condition that the candidate shall not claim any benefit of reservation in future.