DEEPIKA YOGESHWAR NANDANWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner claims that she belongs to Halbi Scheduled Tribe which is recognized as Scheduled Tribe under the Presidential Notification issued under Article 324 (1) of the Constitution of India. In this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge judgment and order dated 24/1/02 passed by respondent 2 i.e. Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane ("the Scrutiny Committee" for short).

(2.) The facts of the case may have to be shortly stated. According to the petitioner, the petitioner was granted caste certificate on 10/11/98 by the Competent Authority certifying that she belongs to Halbi Scheduled Tribe. While the petitioner was prosecuting her studies in the 12th Standard, she moved the Scrutiny Committee in the month of November, 2005 for validation of her caste certificate. The Scrutiny Committee however, did not take any steps in the matter. The petitioner passed her XII standard Science Examination in the month of June, 2006. Since the Scrutiny Committee had not decided her case she addressed a letter to it on 11th June, 2006 and pointed out that admission process was likely to commence on 3rd June, 2006. She requested that validity of her case certificate may be decided. In the meantime she appeared for MH-CET Examination. Despite constant follow-up the Scrutiny Committee did not decide her case. The petitioner, therefore, filed writ petition in this court. The said writ petition was disposed of by this court on 15/6/06 giving a general direction. It was inter alia directed that if the students have already applied for caste certificate and their applications are pending before the relevant committees, then the institutions must grant provisional admissions to such students. The admissions will be subject to the decision of the Scrutiny Committee and under no circumstances will any student be entitled to claim equity to continue the studies, if the caste/tribe certificate is rejected or not validated. The Scrutiny Committees entrusted with the responsibility of deciding the caste validity of those applicants who have applied for admissions to professional courses were directed to consider their cases on priority and dispose them of not later than six months from the date of the application.

(3.) On the basis of the said judgment, the 3rd respondent granted admission to the petitioner to the 4th respondent college in the first year M.B.B.S. Course under the reserved category of Scheduled Tribe in the month of July, 2006.