SHRIVAS RAJESHKUMAR Vs. CHAIRMAN SELECTION COMMITTEE

JUDGEMENT

(1.) ORDER :- The petitioner who has passed the Higher Secondary Examination (Standard XII) with Science Stream in the month of March 1985 has filed this petition and prayed for a writ and/or direction or order directing the respondents to give admission to the petitioner for Instrumentation and Control Branch in the reserved quota reserved for Socially and Educationally Backward Class (hereinafter referred to as 'S.E.B. Class'). The petition has been subsequently amended and a further prayer has been made for a writ, direction or order quashing and setting aside the order dt. 23-1-1986 (Annexure 'h') whereby respondent No. 3 has held that the petitioner did not belong to S.E.B. Class and, therefore, cancelled the certificate (Annexure 'a') issued by the Social Welfare Officer, Ahmedabad District.

(2.) There is no dispute that if the petitioner is found to belong to the S.E.B. Class, he will get admission in the reserved quota for Instrumentation and Control Course at Bhavnagar for which he has shown his first preference. The question that arises for my consideration, therefore, is whether the benefit of S.E.B. Class/caste is available to the petitioner in the facts and circumstances of the case.

(3.) In order to decide this issue, it is necessary to reproduce short facts. The petitioner has averred that he belongs to Hindu Nai Community which is recognised as S.E.B. Class by the Baxi Commission. On the aforesaid basis the petitioner applied for admission in the Instrumentation and Control Branch of Engineering on 17-1-1985 and has produced along with his admission application a Certificate dt. 16-1-1986 (Annexure 'A') issued by the Social Welfare Officer, Ahmedabad District, to the effect that petitioner Shri Rajendrakumar, son of Shrinivas Satyanarayan, belongs to S.E.B. Class. The petitioner was called for interview on 27-12-1985. According to the petitioner, he was given merit number for various groups mentioned in paragraph 3 of the petition. He has further averred that after the interview he was given admission in the Instrumentation and Control Branch in Bhavnagar College in the reserved quota of 10 per cent. Thereafter, when he went to pay his fees, respondent No. 1 told him that he belongs to Uttar Pradesh and, therefore, he is not entitled to get admission in the reserved quota for the Instrumentation and Control Course and, therefore, he was required to clarify the position and his admission was kept pending. Ultimately the petitioner tried to approach the concerned authorities, but could not succeed and, therefore, he has filed this petition.