SAMATA WAMANRAO WARUDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the present writ petition, the challenge is to the order dated May 27, 2011 passed by the respondent no.5-Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur (for short, 'the respondent no.5-Committee') whereby the claim of the petitioner of belonging to 'Halba' Scheduled Tribe came to be invalidated. The petitioner has further prayed for issuance of directions to the respondents thereby ordering protection to the petitioner in her education to pursue studies in M.D. Anesthesia as a scheduled tribe candidate on an undertaking that she will not claim any benefit of belonging to a scheduled tribe.

(2.) The facts necessary for deciding the present writ petition are as under:-

(3.) The order of invalidation dated May 27, 2011 passed by the respondent no.5-Scrutiny Committee was set aside in Writ Petition No.1866 of 1998 on October 20, 2010 and the matter was remanded back to the respondent no.5-Committee. It is the case of the petitioner that during the pendency of the said writ petition, the order impugned therein was stayed by this Court. As a sequel thereof, the petitioner was permitted to get an admission in the Government Medical College, Nagpur against a seat reserved for the scheduled tribe category. The petitioner thereafter informed to have completed her M.B.B.S. and by virtue of an interim order she was permitted provisionally to be admitted to the M.D. (Anesthesia) course. The petitioner has already completed the said course. The respondent no.5-Committee again invalidated the claim of the petitioner on May 27, 2011 which has prompted the petitioner to prefer the present writ petition.