VIKAS JAGDISH SHIVPURIA Vs. DEVI AHILYA VISHWAVIDYALAYA INDORE

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India, the petitioner is challenging the Notification dated 19-4-1999 and also the order dated 27-5-1999 issued by the Respondents whereby the degree of the petitioner of Bachlor of Engineering is cancelled by the Respondents. In this petition, the petitioner is claiming the writ of certiorari for quashing the Notification dated 19-4-1999 and the order dated 27-5-1999.

(2.) The case of the petitioner in brief is that he belongs to 'Chattri' tribe which is a scheduled tribe which is notified by State of Madhya Pradesh as Scheduled at Item No. 25 of the list of Scheduled Tribe declared under the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. After passing of the Higher Secondary Examination, the petitioner appeared in Pre-Engineering Test Examination in the year 1992 and was selected against the reserved seat for S. T. and was admitted to S.I.S.T.Is. College, Indore and passed his B.E. course in four years in July, 1999 and thereafter he was awarded a Degree of B.E. in Engineering. At the time of appearing in P.E.T., the petitioner was required to submit a caste certificate which was given to him by Tehsildar Kalapipal. The said certificate was issued on the recommendations of local M.L.A.

(3.) After passing of the B.E. course, the petitioner is working as an Engineer in a Private Company. The case of the petitioner is that suddenly on 27-5-1999 he received the copy of the Notification dated 19-4-1999 by which his degree of B.E. has been cancelled on the ground that he had produced a false caste certificate and had obtained the admission on the basis of above false certificate, whereas he does not belong to Scheduled Caste, his caste comes within the category of other backward classes (OBC).