YOGESH RAMCHANDRA NAIKWADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who was seeking admission to the Engineering Degree course (B. E) at the relevant time approached us by challenging the order dated 29th March, 1995 passed by the committee for Scrutiny and Verification of the tribe Claims at Pune rejecting his claim that he belongs to Mahadeo Koli, Scheduled Tribe. While granting Rule, interim relief was granted in favour of the petitioner on recording the following reasoning:"in addition to this, it is pointed out to us that the petitioner's father has filed a writ petition, being writ Petition No. 6005/91 against the decision of the Scrutiny Committee and both these petitions have been admitted and interim orders have been passed therein. ""under these circumstances, we grant interim relief to the petitioners in terms of prayer clause (e). However, we make it clear that the admission, is ultimately granted, shall be provisional. We further make it clear that if, ultimately, the petitioner fails in his petition, then he shall not be entitled to take the benefit of this interim order or the benefit of whatever Degrees he may obtain. "

(2.) On account of this interim orders the petitioner was admitted to B. E. degree course and during the pendency of this petition he obtained the said degree. The learned counsel for the petitioner invited our attention to the order passed by this court (Division Bench) on 18.2.2003 in writ petition No. 6005/91 which was filed by the petitioner's sister and referred to as well as relied upon while passing the interlocutory order and submitted that the petitioner's degree of B. E. obtained during pendency of this petition should be protected even if this petition does not succeed. He also relied upon the decision in the case of gayatrilaxmi Bapurao Nagpure Vs. State of maharashtra and Others (1996) 3 Supreme Court Cases 685 in support of his challenge to the impugned order of the Scrutiny Committee. As per him the scrutiny committee failed to consider the documents pertaining to the school admission of the petitioner and his sister as well as near relations and these documents could not have been rejected outrightly. It was further submitted that the petitioner being resident of the Junnar Tahsil, the area which is covered under the Presidential order, he could not have been denied the tribal status, namely, Mahadeo Koli and the committee failed to apply athelic tests.

(3.) At the outset we must note that the petitioner's real sister - Kum. Anupama had also failed before the scrutiny committee and filed writ petition No. 6005 of 1991. While granting Rule in this petition, the interim relief to the extent of directing admission to be given on the basis of her tribes claim was ordered but this Court did not make conditional interim relief inasmuch as it was not said that the admission would be provisional and the degree course so obtained would be subject to final outcome in this petition. Anupama's writ petition has been dismissed by this court on merits on 18.2.2003 and thus the finding of the scrutiny committee that she does not belong to Mahadeo Koli, schedule Tribe and that she belongs to Koli caste has reached its finality.