ORDER.:---The learned Counsel for the Petitioner states that for the present relief, Respondent No. 2 is not a necessary party. The relief claimed against Respondent No. 2 may be asked for at the appropriate time.

In view of this request for deleting the name of Respondent No. 2 allowed.

Rule, returnable forthwith, heard Shri Dixit and Shri Kanade Government Pleader.

2. The only point agitated in this writ petition is based on certain requirements provided for in the Rules for admission to Engineering Courses.

3. The petitioner claims to belong to Tokre Koli, Scheduled Tribe. In the Rules for admission framed this year to Engineering Courses; and probably, also in the Rules relating to the Medical courses, it is provided that the candidate claiming to belong to the category of Scheduled Caste, Scheduled Tribe, etc., shall produce certificate of caste validity issued by Director, Social Welfare (Caste Certificate Scrutiny Committee) and Chairman, Scheduled Tribes Caste Certificate Scrutiny Committee and Director, T.I. Pune, as the case may be. It is further provided that the applications, which do not accompany such validity or verification certificate issued by the competent Committee will not be considered as applications for the reserved categories. As the Petitioner is claiming in the reserved category of Scheduled Tribe, as belonging to Tokre Koli, the caste claim of the Petitioner is pending before the committee for verification. The duly verified certificate, therefore, could not be produced along with the application. On the basis of the present Rules, the application of the petitioner till today was not accepted in the reserved category of Scheduled Tribe. The Petitioner apprehends that as it is obligatory under the Rules, though the application of the petitioner is filed along with the certificate issued by the Taluka Executive Magistrate, the same will not be accepted by the authorities to consider the claim of the petitioner for admission in First year Engineering course in the category of Scheduled Tribe.

4. Our attention is invited to the decision of this Court in Writ Petition No. 2890 of 1995 with Writ Petition No. 3104 of 1995 decided on 4-7-1995, where in the Rules of admission framed last year came up for consideration and where similar provision was made in respect of the reserved category candidates. We have already directed the authorities that attachment of the certificate obtained from the Taluka Executive Magistrates in respect of caste. Tribe, etc., should be considered as sufficient for considering the claim of the candidate in the particular reserved category and provisional admission in the reserved category should be given on the basis of merits. It is further directed that such provisional admission, as observed by the Supreme Court (Kumari Madhuri Patil and another v. Additional Commissioner, Tribal, Development and others)1, 1995(2) Bom.C.R. 690, will be subject to the result of the scrutiny committee and, in case if a final decision is taken in the matter and a caste certificate is held to be incorrect or false, admission shall stand cancelled.

5. The decision in Writ Petition No. 2890 of 1995 was taken up in the Supreme Court in Civil Appeal Nos. 3413-14 of 1996 (arising out of SLP (C) Nos. 20399-20400/95 by the State of Maharashtra. The Supreme Court by its order dated 9th February, 1996 in this regard has observed as follows :-

..... We, therefore, confine the directions given by the High Court only to this extent that the certificates may be produced along with the application for admission and the direction that they should also be produced at the time of interview is set aside...... In view of this position, the provisions in the Rules for admission framed this year either for Engineering Courses or Technical Courses and/or for Medical and other allied Courses requiring the candidates to submit along with their application forms the caste validity Certificate issued by the Director, Social We

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