The main legal point established is that the decision of the Caste Verification Committee invalidating the petitioner's caste claim was incorrect, as 'Darji' and 'Shimpi' are synonymous, denoting the occupation of a tailor.

Headnote:
Caste Verification - Admission to Medical Course - Maharashtra Caste Verification Committee - Invalidation of Caste Claim - Quashing of Orders - Regularization of Admission - University Degree Conferral
Fact of the Case:

The petitioner applied for admission to a medical course under a reserved seat for other backward class, claiming to belong to the 'Hindu Darji' caste. Her admission was provisionally granted but later cancelled due to invalidation of her caste claim by the Caste Verification Committee. The petitioner challenged this decision through a writ petition under Article 226 of the Constitution of India.
Finding of the Court:

The court held that the decision of the Caste Verification Committee invalidating the petitioner's caste claim was wrong and bad in law. The impugned orders were quashed and set aside, and the petitioner's admission to the medical course was regularized. The University of Bombay was directed to declare the petitioner's final results and confer the degree of M.B.B.S.
Issues: The main issue was the validity of the Caste Verification Committee's decision to invalidate the petitioner's caste claim and cancel her admission to the medical course.
Ratio Decidendi: The court found that 'Darji' and 'Shimpi' are synonymous, both denoting the occupation of a tailor. It emphasized that the authorities should have taken a practical and realistic view of the matter, considering the petitioner's family's traditional occupation and her permanent residency in Maharashtra.
Final Decision: The writ petition succeeded, and the impugned orders were quashed and set aside. The petitioner's admission was regularized, and the University of Bombay was directed to confer the degree of M.B.B.S. to the petitioner.

JUDGMENT - H.H. KANTHERIA, J.:---The petitioner after passing her Higher Secondary School Examination (XII Standard) in June, 1984 applied for admission for medical course under a reserved seat for other backward class on the ground that she belonged to "Hindu Darji" caste. She was admitted to first year M.B.B.S course in Sheth G.S. Medical College, Paree, Bombay provisionally for the academic year 1984-85 in the reserved seat under the category of other backward class (Shimpi) subject to verification of her caste claim by the Caste Verification Committee. It appears that her caste certificate was verified and invalidated by the said Committee. It was held by the Committee that the petitioner did not establish that she was "Shimpi" as her father's school leaving certificate showed that he belonged to "Hindu-Darji" caste which was not notified as other backward class in the State of Maharashtra and that "Darji" and "Shimpi" are not the same. The Committee also held that although Darji means tailor a person claiming to be "Darji" cannot be conclusively called "Shimpi". According to the Committee, the caste "Shimpi" denotes not only that the person is by caste "Shimpi" but also his traditional occupation of "Shimpi" i.e., tailor and here the caste and occupation coincide which cannot be the case of a person who calls himself "Darji". The Committee, therefore, ruled that "Darji" and "Shimpi" are not the same.

2. The said decision of the Caste Verification Committee was communicated by the Director of Social Welfare, Maharashtra State, Pune (the third respondent) to the second respondent (Dean, Sheth G. S. Medical College) who by his letter dated August 27, 1985 cancelled the admission of the petitioner. That compelled the petitioner to file the present petition invoking writ jurisdiction of this Court under Article 226 of the Constitution of India This Court while admitting the writ petition by order dated March 3, 1986 granted interim relief to the petitioner directing that pending hearing and final disposal of the petition, the Dean of the Sheth G.S. Medical College and the University of Bombay (the fourth respondent) shall not give effect to or act upon in furtherance of the decision of the Caste Verification Committee and that is how the petitioner continued her studies for the medical course. In the meanwhile, the petitioner also challenged the decision of the Caste Verification Committee before the Divisional Commissioner, Konkan Division, Bombay who by his order dated November 29, 1985 dismissed the appeal of the petitioner. The writ petition was thereafter suitably amended and the decision of the Commissioner was also impugned.

3. In support of the petition, Mr. Singhvi submitted that both the Caste Verification Committee and the Commissioner committed grave error in not appreciating the fact that "Darji"' and "Shimpi" is one and the same caste and that in Gujarati and Hindi tailors are called and known as "Darji" and in Marathi they are called "Shimpi". The learned Counsel also drew my attention to the material on record that the petitioner's ancestors had been carrying on the traditional occupation of tailoring for ages and the petitioner and her father were born and brought up in Maharashtra and are the permanent residents of Maharashtra. Merely because the school record of the petitioner and that of her father showed that they described themselves as "Darji" does not mean that they are not "Shimpi", further urged Mr. Singhvi. On the other hand, Mr. Shinde learned Asstt. Government Pleader, submitted that had "Darji'' and "Shimpi" been the same thing, it would have been so stated by the Government while publishing the list of the Other Backward Classes. The submission of the learned Government Counsel is that "Darji" has not been equated with "Shimpi" in the list of the Other Backward Classes and, therefore, the caste claim of the petitioner wan correctly rejected.

4. It is difficult for me to persuade myself to agree w

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