AKSHAY KISHOR BHISIKAR Vs. JOINT COMMISSIONER AND VICE CHAIRMAN SCHEDULE TRIBES CASTE CERTIFICATE SCRUTINY COMMITTEE NAGPUR

JUDGEMENT

(1.) Rule returnable forthwith. Heard the learned Counsel for the parties by consent.

(2.) Mrs. B. H. Dangre, learned Additional Government Pleader for respondent Nos. 2 and 3, does not dispute the petitioner's contention that the Research Officer one Shri K. M. Pathak, who was associated with the Committee was not qualified to be on the Committee since he does not possess Degree of ! M.A. in Sociology or Anthropology in terms of judgment of the Supreme Court in the case of Kumari Madhuri Patil and another vs. Addl. Commissioner, Tribal Development and others, 1995 AIR(SC) 94 and the impugned order is thus set aside. The matter is remanded back to the Committee for a fresh decision in accordance with law. All issues are kept open.

(3.) Mr. S. R. Narnaware, learned Advocate for petitioner, submits that the process for M.B.B.S. Admissions is to commence day after tomorrow and that the petitioner is not being issued the preference form by the respondents since he does not have caste validity certificate. He, therefore, prays for the preference form to be issued to him.