BHAGWAN VITHUJI NANNAWARE Vs. PRAVIN SHINGARE

JUDGEMENT

(1.) In Public Interest Litigation No.63/2014 the Division Bench of this Court on 24/12/2014 while disposing of said proceedings issued directions to various Authorities including the Directorate of Medical Education and Research through its Director not to insist upon the candidates to furnish their caste validity certificate while admitting them against a seat reserved for Scheduled Tribe candidates. Since these directions were not complied with, the petitioner had filed Contempt Petition No.207/2016. On 21/07/2016 the Court observed therein that the respondents had realized the mistake committed by them of requiring the validity certificate to be furnished by a particular date though the Court had held that such direction was impossible to comply. After accepting the unconditional apology tendered by the respondent No.1 therein, the learned Government Pleader was directed to instruct the Chief Secretary who in turn was required to direct all concerned departments that no such conditions that were beyond the control of a candidate be imposed. The contempt petition was thereafter disposed of.

(2.) Shri S. P. Khare, learned counsel for the petitioner submits that on account of failure on the part of the respondent No.1 to comply with the directions issued in the aforesaid Public Interest Litigation and thereafter Contempt Petition No.207/2016, affected candidates were required to approach the Aurangabad Bench of this Court wherein on 12.07.2017 in Writ Petition No.8851/2017 and connected writ petitions. Therein with the consent of parties such students were permitted to participate in the admission process subject to submitting an undertaking in the prescribed form. It is submitted that despite earlier directions, the respondent No.1 has continued to seek compliance of conditions that could not be complied with by the students seeking admission in the Scheduled Tribe category.

(3.) Affidavit has been filed on behalf of the respondent Nos.1 and 2 in which it is stated that the order dated 12.07.2017 passed by the Aurangabad Bench was challenged before the Honourable Supreme Court which stayed that order on 04/08/2017. The aforesaid Special Leave Petition was thereafter allowed on 06/09/2017 and the order passed by the Aurangabad Bench of this Court on 12.07.2017 was set aside. Shri A. S. Fulzele, learned Additional Government Pleader for the respondents submitted that in the academic year 2017-2018 candidates seeking admission in reserved categories were required to submit caste validity certificate failing which they were to be treated as general candidates. Since the Honourable Supreme Court itself did not accept the submission of such undertaking, it could not be said that the disobedience as alleged by the petitioner was deliberate.