KINJAL VASANTRAI SANGANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL the twenty-four writ petitions involve similar facts and common issues and, therefore, are being disposed of by this common judgment. In these writ petitions, the petitioners are seeking directions to the respondent No. 2 to consider them for admission to the courses in Health Sciences in the reserved categories such as Scheduled Caste, Nomadic Tribe, Other Backward Class, Vimukta Jati etc. and not in the open merit category. Except last five writ petitions bearing lodging Nos. 1634, 1644, 1645, 1646 and 1647 of 2002, in all other petitions, we had issued rule and passed interim orders in terms of prayer Clause (a), thereby directing the respondent No. 2-Director of Medical Education and Research (for short DMER) to consider the petitioners for admission to the courses in Health Sciences in the reserved category, which each of the petitioners has claimed in his/her respective writ petitions, and not in the open merit category. Prayer Clause (a) is identical in all the writ petitions.

(2.) THE interim orders in nineteen writ petitions were obtained in quick succession between 6th June, 2002 and 28th June, 2002. However, when the last five petitions were moved for urgent orders on 3rd July, 2002, by Mr. Govilkar, learned Counsel for the petitioners, Ms. Shah, learned A. G. P. for the State brought to our notice a very shocking state of affairs whereby a large number of students appeared to have produced totally fabricated and bogus caste validity certificates.

(3.) UNDER these circumstances, we had directed Mr. T. V. Patil, Divisional Social Welfare Officer, Mumbai Division, to file an affidavit by 11th July, 2002, indicating the extent of fabrication and forgery etc. pertaining to all 24 writ petitions and to keep all the records available in Court. It was also brought to our notice that after obtaining the orders from this Court, most of the petitioners had secured admissions in various Medical Colleges based on the bogus Caste Validity Certificates (for short CVCs) annexed to the writ petitions as Exhibit-B. We, therefore, had directed the Director of Medical Education and Research to forthwith inform all the concerned colleges wherein the petitioners had secured admissions and to immediately seize the CVCs or xerox copies thereof furnished by the petitioners and take charge of these documents. All the petitioners were also directed to remain present in the Court on the next date of hearing, i. e. 11th July, 2002 along with whatever documents they may possess.