DEEPAK NAWAL CHAVAN Vs. COMPETENT AUTHORITY PUNE

JUDGEMENT

(1.) THE learned Counsel for the Petitioner states that for the present relief, Respondent No.2 is not a necessary party. THE relief claimed against Respondent No.2 may be asked for at the appropriate time. In view of this request for deleting the name of Respondent No.2 allowed. Rule, returnable forthwith. heard Shri Dixit and Shri Kanade, Government Pleader.

(2.) THE only point agitated in this writ petition is based on certain requirements provided for in the Rules for admission to Engineering Courses.

(3.) THE decision in Writ Petition No.2890 of 1995 was taken up in the Supreme Court in Civil Appeal Nos. 3413-14 of 1996 (arising out of SLP (C) Nos. 20399-20400/95 by the State of Maharashtra. THE Supreme Court by its order dated 9th February 1996 in this regard has observed as follows :- " ..... We, therefore, confine the directions given by the High Court only to this extent that the certificates may be produced along with the application for admission and the direction that they should also be produced at the time of interview is set aside....." In view of this position, the provisions in the rules for admission framed this year either for Engineering Courses or Technical/Courses and/or for Medical and other allied Courses requiring the candidates to submit along with their application forms the caste validity Certificate issued by the Director, Social Welfare (Caste Certificate Scrutiny Committee) and Chairman, Scheduled Tribes Caste Certificate Scrutiny Committee and Director, T.R. and T.I., Pune, as the case may be, is violative and contrary to the directions given by this court, as confirmed to the extent indicated above by the Supreme Court. In fact, the rule should have been suitably amended, having regard to the decision of this Court and of the Supreme Court. On the contrary, overlooking the observations of this Court, and of the Supreme Court, the State Government is still reemphasising and has made it obligatory on the candidates to produce the caste Validity certificate issued by the authorities mentioned in the rules and has made the same a pre-condition for accepting the application forms for considering the claim of the candidates in a particular reserved category. We direct that the said provision made in the rules shall not be insisted upon. We again make it clear that the applications, accompanied by the caste certificate issued by the Taluka Executive Magistrate, should be held to be sufficient for considering the claim of a candidate in a particular/reserved category. THE admission so granted will be provisional, subject to the result of the Scrutiny Committee. If the caste claim is held to be illegal and the caste certificate is invalidated by the Scrutiny Committee finally, then the admission will also stand cancelled.