2006 Supreme(SC) 771

2006(6) Supreme 604
SUPREME COURT OF INDIA
(From Bombay High Court)
S.B. Sinha and Dalveer Bhandari, JJ.
Sandeep Subhash Parate — Appellant
versus
State of Maharashtra & Ors. — Respondents
Civil Appeal No. 3633 of 2006
(Arising out of SLP (C) No. 9735/2005)
Decided on 24-8-2006
Counsel for the Parties :
For the Appellants : P.C. Madkholkar, Manish Pitale and Chander Shekhar Ashri, Advocates.
For the Respondents : Markarand D. Adkar, Vijay Kumar, Vishwajit Singh, Ravindra Kumar Adsure and V.N. Raghupathy, Advocates.

Headnote:Constitution of India — Article 142 — Doctrine of proportionality — Appellant took admission in Course of Bachelor of Engineering in Govt. Engineering College claiming himself to be belonging to “Halba” a Scheduled Tribe Community — Caste Scrutiny Committee invalidated the cast certificate granted in favour of appellant as appellant belonged to Koshti community — Admission in the course was taken by appellant on basis of interim order passed by High Court in writ petition — High Court allowed writ and remitted matter back to Scrutiny Committee — Appellant’s claim was rejected by Scrutiny Committee on 30-9-2002 — Appellant however continued to pursue his course and completed it in 2004 — His second writ petition against decision of Scrutiny Committee was dismissed on merits — Prayers for issue of degree along with marksheet — High Court did not pass any order on the prayer made in an application — Appeal — Doctrine of proportionality — There was no lack of bona fide on part of appellant and he might not be entirely responsible — Subject to appellant paying Rs. one lakh to recompense State to some extent, respondent to issue degree in favour of appellant.

       Held : It now stands admitted that the appellant did not belong to Halba community. He was a Koshti. On verification of his caste certificate the Vigilance Cell found that his school records clearly showed that the appellant belonged to the Koshti community. (Para 7)

       Some peculiar characteristics exist in this case:

       1)The appellant competed his substantial tenure as a student under the interim orders passed by the High Court.

       2)No opportunity of hearing was given to him by the Scrutiny Committee at the first instance and his first writ petition was allowed.

       3)Although, in the second writ petition, he could not obtain any interim order, yet he was allowed to continue his studies without any demur by the State and University authorities.

       4)He filed an application after completion of his studies that respondent No.4-University should be directed to issue to him the degree of Bachelor of Engineering. No order was passed thereupon.

       5)A review application was filed on the basis that the Bench did not take into consideration the decision of this Court in Milind (supra).

       A person indisputably is not entitled to a relief only because an interim order was passed in his favour, but the premise on which such an interim order was passed would assume some significance in the instant case in so far as a presumption may be drawn that prima facie the appellant was not considered guilty of commission of fraud and the possibility that the question in regard to his status as a member of Scheduled Tribe as the issue as to whether Koshti-Halbas were members of Scheduled Tribe had not been finally determined, was in the mind of the court. {See for example, Employees State Insurance Corporation vs. Distilleries & Chemical Mazdoor Union & Ors. [2006 (7) SCALE 171].} The appellant took his admission in the year 1998, i.e., prior to the decision of this Court in Milind (supra). It is true that he had obtained his admission in a professional institution not purely on the basis of his merits but on the basis that he belonged to a reserved category. It is also true that thereby he might have deprived a genuine student of reserved category from obtaining admission, but, in a case of this nature, what is necessary to bear in mind is the bona fide or otherwise of the appellant. He might not have semblance of right as was observed by the High Court but as the learned counsel for the appellant states that he might have been under a bona fide belief that Koshti-Halbas were members of a Scheduled Tribe.(Paras 11 and 12)

       We do not find any lack of bona fide on the part of the appellant. He, it will bear repetition to state, got admission in the professional course as far back in the year 1998. For about last three years, he had not been able to receive his degree of Engineering, although, he pursued his studies after he had passed class 12th examination. Just like Medical Education, the State also incurs a heavy expenditure in imparting other professional education like Engineering. We, in the peculiar facts and circumstances of this case, are not inclined to go into the question as regards purported commission of fraud by the appellant, particularly, when the University admitted him without any demur whatsoever. We are doing so having regard to the doctrine of proportionality. The appellant has suffered a lot. He might not be entirely responsible therefor. He might have been under a bona fide belief that he comes within the purview of notified category. We, therefore, albeit with much reluctance accept the fervent and impassionate plan made by the learned counsel appearing for the appellant that he be allowed to obtain the degree. The same shall, however, be subject to payment of Rs.1 lakh in favour of the State of Maharashtra so as to recompense the State to some extent the amount spent on him for imparting education as a reserved category candidate. Such payment must be made within three months from this date. On filing satisfactory proof of the deposit of such an amount, the respondent No.4 shall immediately issue the degree in his favour. The appellant shall not claim any benefit flowing from the caste certificate obtained by him, which shall stand cancelled. In future, for all purposes he will be treated to be a person belonging to the general category. (Para 14)