ABHAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Abhay Shrawanji Parate, resident of Umrer in district Nagpur was given a caste certificate dated 22nd June 1982 by the Executive Magistrate, Umrer, certifying that he belongs to a Scheduled Tribe "Halba" as mentioned in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act 1976. The present petition is directed against the orders of the Director of the Social Welfare and Divisional Commissioner invalidating the said certificate.

(2.) Undisputed position is that the birth certificate of the petitioner dated 2nd June 1964, his Primary School Leaving Certificate, the Secondary School Leaving Certificate and the 12th standard Junior College Leaving Certificate of the year 1982 describe him as Halba. On the basis of the caste certificate issued by the Executive Magistrate, the petitioner was provisionally admitted in the Government Medical College, Nagpur, in the First Year M. B. B. S. course. As per the practice, the matter was referred to the Director of Social Welfare Department, Pune (respondent No. 3) for verification of his caste. After making some enquiry, respondent No.3 came to the conclusion that the petitioner was not Halba and invalidated the certificate. Being aggrieved by the said decision, an appeal was preferred under R.3(10) of the Rules for Admission (1982-83) for Medical Colleges of Government of Maharashtra framed under Government Resolution No. CBS-1680-53396/ 499-DB dated 9th Oct. 1981, before the Divisional Commissioner, Nagpur (respondent No.2). The respondent No.2 also held some additional enquiry in which statement of the father of the petitioner was recorded and certain judgments of different High Courts were considered. The decision given by respondent No.3 was confirmed.

(3.) We may, in the first place, shortly notice the substance of the reasoning adopted by respondent No.3 -