MEENA MOHANLAL MERCHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner after passing her Higher Secondary School Examination (XII Standard) in June, 1984 applied for admission for medical course under a reserved seat for other backward class on the ground that she belonged to "hindu-Darji" caste. She was admitted to first year M. B. B. S. course in Sheth G. S. Medical College, Parel, Bombay provisionally for the academic year 1984-85 in the reserved seat under the category of other backward class (Shimpi) subject to verification of her caste claim by the Caste Verification Committee. It appears that her caste certificate was verified and invalidated by the said Committee. It was held by the Committee that the petitioner did not establish that she was "shimpi" as her father's school leaving certificate showed that he belonged to "hindu-Darji" caste which was not notified as other backward class in the State of Maharashtra and that "darji" and "shimpi" are not the same. The Committee also held that although "darji" means tailor a person claiming to be "darji" cannot be conclusively called "shimpi". According to the Committee, the caste "shimpi" denotes not only that the person is by caste "shimpi" but also his traditional occupation is "shimpi" i. e. tailor and here the caste and the occupation coincide which cannot be the case of a person who calls himself "darji". The Committee, therefore, ruled that "darji" and "shimpi" are not the same.

(2.) THE said decision of the Caste Verification Committee was communicated by the Director of Social Welfare, Maharashtra State, Pune (the third respondent) to the second respondent (Dean, Sheth G. S. Medical College) who by his letter dated 27/08/1985 cancelled the admission of the petitioner. That compelled the petitioner to file the persent petition invoking writ jurisdiction of this Court under Art. 226 of the Constitution of India. This Court while admitting the writ petition by order dated 3/03/1986 granted interim relief to the petitioner directing that pending hearing and final disposal of the petition, the Dean of the Sheth G. S. Medical College and the University of Bombay (the fourth respondent) shall not give effect to or act upon in furtherance of the decision of the Caste Verification Committee and that is how the petitioner continued her studies for the medical course. In the meanwhile, the petitioner also challenged the decision of the Caste Verification Committee before the Divisional Comissioner, Konkan Division, Bombay who by his order dated 29/11/1985 dismissed the appeal of the petitioner. The writ petition was thereafter suitably amended and the decision of the Commissioner was also impugned.

(3.) IN support of the petition, Mr. Singhvi submitted that both the Caste Verification Committee and the Commissioner committed grave error in not appreciating the fact that "darji" and "shimpi" is one and the same caste and that in Gujarati and Hindi tailors are called and known as "darji" and in Marathi they are called "shimpi". The learned counsel also drew my attention to the material on record that the petitioner's ancestors had been carrying on the traditional occupation of tailoring for ages and the petitioner and her father were born and brought up in Maharashtra and are the permanent residents of Maharashtra. Merely because the school record of the petitioner and that of her father showed that they described themselves as "darji" does not mean that they are not "shimpi", further urged Mr. Singhvi. On the other hand, Mr. Shinde, learned Asstt. Government Pleader, submitted that had "darji" and "shimpi" been the same thing, it would have been so stated by the Government while publishing the list of the other Backward Classes. The submission of the learned Government Counsel is that "darji" has not been equated with "shimpi" in the list of the Other Backward Classes and, therefore, the caste claim of the petitioner was correctly rejected.