Priyanka Omprakash Panwar vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Bom) 1735

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD,J.
Priyanka Omprakash Panwar,- Petitioner.
Versus
The State of Maharashtra,- Respondents.
WRIT PEITION NO.1525 OF 2006
Decided on December 19, 2007.

Advocates:
Advocate Appellant
Mr. R. K. Mendadkar for the Petitioner.
Mr. N.P. Pandit, AGP for the State.
Mr. R.V. Govilkar for Respondent No.4.

Headnote:Constitution of India, 1950 - Articles 142 and 226-Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomatic Tribes, Other Backward Classes and Special Backward Category (Regulations of Issuance and Verification of Caste Certificate) Act, 2000, Sections 3(1), 7, 8 and 10-Judicial review-Scope of-Invalidation of Caste Certificate-By Caste Scrutiny Committee-Challenge-Petitioner, a student of M.B.B.S., admitted since 24.6.2002 on reserved seat-Caste certificate declared invalid when he was in III year-Challenged-Prayed for continuance of his course that the Court cannot accede to the prayers.-The exercise of the jurisdiction under Article 226 has to be structured by a valid statutory enactment, namely, the provisions enacted by the State Legislature in the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulations of Issuance and Verification of Caste Certificate) Act, 2000. Section 10(3) of the Act contains a mandatory consequence, that notwithstanding anything contained in any Act for the time being in force, a degree, diploma or educational qualification acquired by a person after securing admission to an educational institution on the basis of a Caste Certificate which is subsequently proved to be false shall also stand cancelled, on cancellation of the Caste Certificate by the Scrutiny Committee. In other words, the cancellation of the degree, diploma or educational qualification follows as a matter of law upon the invalidation of a Caste Certificate.
In conclusion, therefore, Court held that in view of the provisions of Section 10(3) of the Maharashtra Act, 23 of 2001, the Court in the exercise of its jurisdiction under Article 226 of the Constitution cannot accede to the prayers. The petition shall accordingly stand dismissed. In the circumstances of the case, there shall be no order as to costs.
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000 - Sections 3(1), 7, 8 and 10. - See Constitution of India, 1950, Articles 142 and 226.

JUDGMENT (PER DR. D.Y. CHANDRACHUD, J.): The Petitioner appeared for the Common Entrance Test conducted by the State Government for admission to Medical Colleges in the State in May 2002 and sought admission to the M.B.B.S. Degree Course on the basis of a claim to belong to the Khatik Community which is notified as a Scheduled Caste in the State of Maharashtra. On 24th June 2002. the Petitioner was granted admission to the Mahatma Gandhi Mission Medical College at Navi Mumbai on a reserved seat on the basis of a Caste Certificate granted by the Deputy Collector, Thane. The Caste Certificate was forwarded to the Divisional Caste Certificate Scrutiny Committee, Konkan Division, Mumbai for verification. By an order dated 27th February 2004, the claim of the Petitioner to belong to the Khatik Community was invalidated. The decision of the Scrutiny Committee was challenged by the Petitioner in a petition under Article 226 of the Constitution. By an order dated 7th March 2005, a Division Bench of this Court confirmed the order of the Scrutiny Committee, invalidating the claim of the Petitioner to belong to the Khatik Community. Counsel appearing for the Petitioner submitted before the Division Bench that the Petitioner was prosecuting her studies for the third year of the MBBS Degree Course and, relying on the judgment of the Supreme Court in State of Maharashtra vs. Milind, a direction was sought for the protection of the admission granted to the Petitioner. The Division Bench while disposing of the petition directed the Government to consider any representation that may be made by the Petitioner and observed that it would be open to the management of the Medical College, “if they can adjust the Petitioner to do so”.

2. The Petitioner filed a representation dated 21st March 2005 with the Competent Authority and Director of Medical Education and Research as well as with the Educational Institution in which the Petitioner was admitted. On 28th December 2005, the Dean of the Third Respondent informed the Petitioner that the admission which was granted to the Petitioner during the Academic Year 2002-03 to the MBBS Course in a reserved category, namely as a member of a Scheduled Caste, was cancelled. The Petitioner was informed that following the rejection of the Writ Petition by this Court, the Director of Medical Education and Research had directed the College by a communication dated 21st December 2005 to cancel the admission of the Petitioner with immediate effect. The Petitioner impugned the communication of the Second Respondent dated 21st December 2005. A consequential direction has also been sought for the continuance of the admission of the Petitioner.

3. During the pendency of the Petition, a Motion for interim relief (N.M. 96 of 2006) was taken out with a prayer that the result of the Petitioner for the First Semester examination of the third MBBS be declared. The result was produced before the Court in a sealed cover and upon perusing it, the Division Bench recorded that “the Petitioner has passed this examination with good marks”. The Motion was accordingly made absolute by directing that the result of the Petitioner be declared and since the Petitioner is “otherwise eligible” admission may be granted to the subsequent Semester.

4. On behalf of the Petitioner it has been urged that in the interests of justice, the cancellation of the admission of the Petitioner on the ground of the invalidation of the caste claim of belonging to a Scheduled Caste be quashed and set aside and the admission be regularised. In support, it has been urged that though the Petitioner obtained admission to the MBBS Degree Course on the strength of a claim of belonging to a Scheduled Caste and the invalidation of the claim has attained finality, in view of the circumstance that the Petitioner has completed the course

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2007 Supreme(Bom) 1735

IN THE HIGH COURT OF JUDICATURE AT BOMBAYSWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD,J.Priyanka Omprakash Panwar,- Petitioner.VersusThe State of Maharashtra,- Respondents.WRIT PEITION NO.1525 OF 2006Decided on December 19, 2007.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD,J.
Priyanka Omprakash Panwar,- Petitioner.
Versus
The State of Maharashtra,- Respondents.
WRIT PEITION NO.1525 OF 2006
Decided on December 19, 2007.