GHANSHYAM KISAN BORIKAR Vs. L D ENGG COLLEGE

JUDGEMENT

(1.) Socio-economic transformation of the society does not take place by mere legislative and/or constitutional enactments. It requires revolutionary zeal and sincerity of purpose on the part of all those who execute implement and interpret the laws. This is the message of the instant case in which the guideline issued by the Central Government in relation to the implementation of policy of reservation has come up for consideration. Can the guideline be understood and implemented so as to whittle down the constitutional provisions relating to Fundamental Rights and Directive Principles? Can such meaning be allowed to operate? These are the questions which are to be examined in the proper perspective and with the awareness of historical and socio-economic background of our society.

(2.) The petitioner is serving as Executive Engineer in the Post and Telegraphs Department of the Union of India. He originally belonged to State of Maharashtra in relation to which his caste/community i.e. Halba has been recognised as Scheduled Tribe (ST). There is dispute with regard to the fact that Halba caste/community has been recognised as ST in relation to the State of Maharashtra since the year 1956 if not earlier. While the petitioner was serving at Bombay his daughter got admission in medical course on reserved seats for ST candidates. The petitioner was in the course of his service transferred from Bombay to Ahmedabad sometime in the year 1978. His son named Vinaykumar G. Borikar has passed the qualifying examination i.e. XII Std. HSC examination held by the Gujarat Secondary Education Board Gandhinagar. It is also an undisputed fact that the petitioners son has secured 267 marks out of 450 marks. For the purpose of consideration of merits in Medical and Engineering colleges in the State total of 450 marks of Maths (I and II) Physics Biology and Chemistry are being taken into account. The minimum required marks for the students belonging to SC ST and other backward classes are 202 out of 450.

(3.) The petitioners son applied for being admitted to 1st year B.E. course within the prescribed time-limit. His application was also supported by a certificate issued by the appropriate officer i.e. District Backward Class Welfare Officer Ahmedabad-Gandhinagar who certified that Vinay Borikar (the student) of Nagpur (Maharashtra) belongs to Halba tribe which is recognised as ST. The authorities processing the application forms for admission to the B.E. course felt that Halba tribe to which the student belongs was not recognised as ST in relation to the State of Gujarat and therefore he was not entitled to claim the seat as ST candidate. The petitioners son being minor the petitioner as father and guardian of the student has challenged the legality and validity of this decision of the respondent-authorities and has invoked the jurisdiction of this High Court under Article 226 of the Constitution of India.