ARCHANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. Heard Counsel for the parties. The petitioner was selected for the course of first year nursing training and was directed to obtain admission by communication dated 30. 7. 1996. It seems that the petitioner was selected in the reserved category of v. J. M. T. , as the petitioner claims to belong to Rajput Bhamta. As the certificate by the competent authority showing the petitioner as belonging to Rajput Bhamta was not produced, the admission is denied to her. The Counsel for the petitioner submitted that it is true that the caste certificate is not produced by the petitioner at the time of admission, as the application for issuing the caste certificate was pending before the Collector, however, the petitioner had produced the caste certificate issued by Tahsildar. Ambajogai, dated 12. 7. 1971, in favour of the father of the petitioner. The copy of that certificate is annexed at Exhibit D, in which it is mentioned that the father of the petitioner, i. e. , Hanumansing Gangaramsing. resident of ghatnandur, taluka Ambajogai, belongs to Rajput Bhamta. Not only that, but the petitioner had also produced the entries in the service record of the father who is serving in the Irrigation Department. In the service record, the caste of the father of the petitioner is mentioned as Rajput Bhamta (Nomadic tribe ). Original copy of the service record is also produced before us and also the certificate. It is true that the rules may require the production of the certificate in favour of the petitioner. But, in the absence of the certificate issued in favour of the petitioner, the certificate issued in favour of the father of the petitioner, coupled with the service record, should have been found sufficient to the effect that the petitioner belongs to Rajput Bhamta. We feel that the meritorious student is made to suffer for no fault of her. The course has already commenced and all seats are already filled in, the petitioner could not be given admission for non-production of certificate. He have already made it clear that in the absence of the petitioner's certificate. the certificate of the father coupled with his service record should have been regarded as sufficient. We feel that the petitioner should not suffer having been selected on the basis of merit for the said course. We direct the authorities to admit the petitioner to first year nursing training course this year, in the reserved category of V. J. N. T. , if necessary by creating additional seat. The petitioner should be allowed to complete the said course. Rule made absolute accordingly. No order as to costs.