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IN THE HIGH COURT OF BOMBAY
S. Radhakrishnan D.B. Bhosale, JJ.
Kinjal Vasantrai Sangani others .... Petitioners.
Versus
State of Maharashtra others.... Respondents.
Writ Petition Nos. 1480, 1489, 1406, 1555, 1581, 1582, 1583, 1405, 1407, 1479, 1481, 1490,
1556, 1500, 1526, 1576, 1548, 1543, 1547, 1634, 1644, 1645, 1646 1647 of 2002, decided on 31-7-2002.
Advocates appeared :
Ramrao Adik, Sr.C. with R.V. Govilkar, for petitioners.
A.A. Kumbhakoni, S.C. with Ms. Manjari Shah, A.G.P., for respondents.
Constitution of India - Articles 341, 342 and 226 - Admission in Medical College - Taken on basis of forged caste certificates - All such admissions were cancelled - Procedure to issue such important certification be computerised - If needed sufficient staff can also be provided - Verification Committee to re-check work of the staff - Action taken against candidates using forged document given an opportunity being heard. - Having regard to the observation made by the Supreme Court in the case of Kumari Madhuri Patil (supra) and in the case of Indian Bank (supra), there is no hesitation in cancelling the admissions secured by the petitioners in pursuance of interim orders passed by this Court. Keeping in view the directions given by the Supreme Court in the case of Kumari Madhuri Patil and taking totality of the circumstances into account, it is appropriate to make some suggestions to make the whole system foolproof and transparent so as to avoid any such attempts of forgery and fabrication of the CVCs in future. The facts and circumstances of this case, undoubtedly point a needle of suspicious at the office of DSWO. Therefore, it is high time for the State Government to drastically change the entire system. The procedure for issuance of castes certificates, as also Caste Validity Certificate need to revamped completely to achieve the object or reservation policy under the Constitution of India. It would be desirable to frame rules to regulate the procedure for issuance of the caste certificates as well as Caste Validity Certificates plugging all loopholes. Court has made these suggestions, with a hope that there shall be transparency in the working of DSWO and there shall not be repetition of any more attempts of fabrication of bogus caste certificates and CVCs as well. In the facts and circumstances, Court dismisses the last five writ petitions, bearings Lodging Nos. 1634, 1644, 1645, 1646 and 1647 of 2002 summarily and as far as the other writ petitions are concerned, in which rule was issued and the interim orders passed, the rule stands discharged and the interim orders shall stand vacated forthwith.
Constitution of India, 1950 - Article 226 - Caste claim - Petitioner defrauding Court by filing a forged caste certificate - The very claim itself, resting on falsity - Dishonest approach to Court - Matter to be referred for special investigation by CID - No relief can be granted. - It is now well settled that one who comes to the Court must come with clean hands. Those who indulge in immoral acts, fraud on Court, fraud on Constitution of India with such falsity have to be properly dealt with. It would therefore be appropriate to refer the forged and fabricated caste certificate and CVC to the CID. Crime Branch to thoroughly investigate, dig up the truth, reach every person involved, howsoever, high he or she may be and prosecute them.
Constitution of India - Articles 14, 15, 341 and 342 - Institutional admissions - Allowed on forged caste certificate - Also on interim orders of Courts - Plea that forged certificates were made available by agents and not directly by parties affected - Issuance of direction that admission on these basis be cancelled. - Court has carefully considered the arguments advanced by the Counsel for the parties, perused the records and documents pertaining to the instant writ petitions, gone through the writ petitions and the annexures thereto and perused the reply affidavits filed by the respondents. It is apparent that the CVCs annexed to the writ petitions are not authentic and genuine. Mr. Adik, the Counsel for the petitioners could not and did not dispute this fact as recorded earlier. Who is responsible for the fabrication and forgery is, undoubtedly, a matter for investigation. However, the fact remains that the petitioners have obtained interim orders from this Court on the basis of forged and fabricated CVCs and caste certificates annexed to the writ petitions and in pursuance thereof secured admissions in the colleges. Mr. Adik, did submit that leniency be shown to the petitioners who are innocent victims. However, no leniency whatsoever could be shown to the petitioners in the facts and circumstances of the case. Though it is open to the Court in an appropriate case to accept an unconditional apology based on factual scenario but in the facts and circumstances of this case accepting the apology and dropping the proceedings, with regard to acts deliberately done on such a large scale and when it is clear that it is a deep rooted conspiracy.
Keeping in view the directions given by the Supreme Court in the case of Kumari Madhuri Patil and taking totality of the circumstances into account, Court deems it appropriate to make some suggestions to make the whole system foolproof and transparent so as to avoid any such attempts of forgery and fabrication of the CVCs in future. The facts and circumstances of this case, undoubtedly point a needle of suspicion at the office of DSWO. Therefore, it is high time for the State Government to drastically change the entire system. The procedure for issuance of caste certificates, as also Caste Validity Certificates need to be revamped completely to achieve the object of reservation policy under the Constitution of India
Constitution of India - Articles 341, 342 and 226 - Admission in Medical College - Taken on basis of forged caste certificates - All such admissions were cancelled - Procedure to issue such important certification be computerised - If needed sufficient staff can also be provided - Verification Committee to re-check work of the staff - Action taken against candidates using forged document given an opportunity being heard. - Having regard to the observation made by the Supreme Court in the case of Kumari Madhuri Patil (supra) and in the case of Indian Bank (supra), there is no hesitation in cancelling the admissions secured by the petitioners in pursuance of interim orders passed by this Court. Keeping in view the directions given by the Supreme Court in the case of Kumari Madhuri Patil and taking totality of the circumstances into account, it is appropriate to make some suggestions to make the whole system foolproof and transparent so as to avoid any such attempts of forgery and fabrication of the CVCs in future. The facts and circumstances of this case, undoubtedly point a needle of suspicious at the office of DSWO. Therefore, it is high time for the State Government to drastically change the entire system. The procedure for issuance of castes certificates, as also Caste Validity Certificate need to revamped completely to achieve the object or reservation policy under the Constitution of India. It would be desirable to frame rules to regulate the procedure for issuance of the caste certificates as well as Caste Validity Certificates plugging all loopholes. Court has made these suggestions, with a hope that there shall be transparency in the working of DSWO and there shall not be repetition of any more attempts of fabrication of bogus caste certificates and CVCs as well. In the facts and circumstances, Court dismisses the last five writ petitions, bearings Lodging Nos. 1634, 1644, 1645, 1646 and 1647 of 2002 summarily and as far as the other writ petitions are concerned, in which rule was issued and the interim orders passed, the rule stands discharged and the interim orders shall stand vacated forthwith.
2. The interim orders in nineteen writ petitions were obtained in quick succession between 6th June, 2002 and 28th June, 2002. However, when the last five petitions were moved for urgent orders on 3rd July, 2002, by Mr. Govilkar, learned Counsel for the petitioners, Ms. Shah, learned A.G.P. for the State brought to our notice a very shocking state of affairs whereby a large number of students appeared to have produced totally fabricated and bogus caste validity certificates.
3. Under these circumstances, we had directed Mr. T.V. Patil, Divisional Social Welfare Officer, Mumbai Division, to file an affidavit by 11th July, 2002, indicating the extent of fabrication and forgery etc. pertaining to all 24 writ petitions and to keep all the records available in Court. It was also brought to our notice that after obtaining the orders from this Court, most of the petitioners had secured admissions in various Medical Colleges based on the bogus Caste Validity Certificates (for short CVCs) annexed to the writ petitions as Exhibit-B. We, therefore, had directed the Director of Medical Education and Research to forthwith inform all the concerned colleges wherein the petitioners had secured admissions and to immediately seize the CVCs or xerox copies thereof furnished by the petitioners and take charge of these documents. All the petitioners were also directed to remain present in the Court on the next date of hearing, i.e. 11th July, 2002 along with whatever documents they may possess.
4. We were informed that only a very few parents and students were present in the Court on 11th July, 2002. We were also informed that the Director of Medical Education and Research has taken charge of all the original CVCs and the xerox copies as well as Caste Certificates produced by the concerned petitioners before the respective colleges and DMER and that they are kept in separate sealed covers. The Divisional Social Welfare Officer (for short DSWO) has filed an affidavit dated 11th July, 2002. On a perusal of the affidavit of T.V. Patil, Divisional Social Welfare Officer, various records produced by him and after hearing the parties we were prima facie satisfied that there was a large scale fabrication and forgery in all the aforesaid 24 writ petitions, hence we had called upon all the petitioners to show-cause as to why our earlier orders whereby the writ petitions were admitted and the petitioners were allowed to appear before the DMER for the purpose of selection in M.B.B.S. and B.D.S. courses, should not be recalled and further why the admissions granted to the petitioners in the respective courses should not be cancelled. We had also directed the Divisional Social Welfare Officer to file a detailed affidavit in each of the writ petitions furnishing all the relevant details and the hearing of the writ petitions was adjourned to 18th July, 2002. We had also made it clear to the learned Counsel for the parties that the writ petitions wo
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