YOGESH RAMCHANDRA NAIKWADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) The appellant sought admission to Engineering course claiming the benefit of reservation alleging that he belonged to 'Mahadeo Koli' - a scheduled tribe. The Scrutiny Committee which verified the validity of his caste certificate, made an order dated 29.3.1995 rejecting his claim that he belonged to a Scheduled Tribe. The appellant challenged the order of the scrutiny committee in W.P. No.2667/1995. In the said petition, the Bombay High Court issued an interim order directing the third respondent (Director of Technical Education, State of Maharashtra) to accept the application of Appellant for admission to BE course and process the same and give admission by treating him as a candidate belonging to a scheduled tribe, with a condition that the admission, if granted, will be provisional and subject to the final decision. In pursuance of it, the appellant was admitted to the BE course by extending the benefit of reservation under the quota for Scheduled Tribes. Eventually he completed the Engineering course and was conferred a degree by the University of Pune on 31.3.2004.

(3.) The writ petition filed by the Appellant was dismissed by order dated 28.3.2006, upholding the order of the Scrutiny Committee, with a direction to the third Respondent to take appropriate steps for recall of the degree granted to the appellant. The said order of the High Court is challenged in this appeal by special leave. The only contention urged by the appellant is that even if his scheduled tribe claim was rejected, he should not have been denied the benefit of the degree obtained by him. In support of this contention, he relied on the decisions of this Court in State of Maharashtra v. Milind (2001) 1 SCC 4 and R.Vishwanatha Pillai v. State of Kerala (2004) 2 SCC 105.