STATE OF BIHAR Vs. VIMAL PRASAD

JUDGEMENT

(1.) REGARD being had to the overall circumstances and for an aspect which has been noticed by the learned Judge, the court can hardly come to a conclusion beyond reasonable doubt that the State - appellants were not part of whatever took place in acquiescing to the situation that perhaps the contesting respondent Vimal Prasad may have utilised a caste certificate incorrectly.

(2.) THIS court is making no comments on merits of the matter. It is not just to say that this court, as the counsel for the appellant points out, should pass an order that the degree awarded to the contesting respondent should see cancellation and confiscation. This is not possible. If the State wants to ensure that admissions to State or State aided institutions should be strictly made according to the norms in the context of reservations then the State cannot be a mute spectator that aware of a continuing wrong yet ignore instances of violation of norms on reservations by those who took advantage of it irregularly and others, State agencies, who acquiesced to the situation.

(3.) IN matters like these, the time has come the State must protect in itself in future and frame regulations to the effect that should anybody makes wrongful declaration and take advantage of reservations to which he is not entitled, then they would be liable to pay penalty monetary terms, in addition to prosecution, for misutilising the advantage of reservation in seeking admission to educational institutions.