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2017 Supreme(Bom) 591
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
V.M. KANADE, P.R. BORA, JJ.
Miss. Aishwarya Dhananjay Patil - Petitioner
Versus
State of Maharashtra & Ors. - Respondents
Writ Petition No. 2028 of 2014
Decided On : 05-05-2017
For the Petitioner: Mr. A.V. Anturkar, Mr. Rushikesh C. Borge i/by Sugandh B. Deshmukh
For the Respondents: Mr. V.P. Malvankar, Rajshekhar V. Govilkar a/w Mihir Govilkar
Important Point - In such cases the professional degree obtained by the student may be protected though he may have got admission by producing a false caste certificate.
Headnote:Constitution of India – Article 226 - Petition challenges the order of District Collector cancelling the Non-creamy Layer Certificate issued to the petitioner - Petitioner secured admission in BJ Medical College, Pune (Respondent No.3) for the MBBS Course on the seat reserved for the candidates belonging to Other Backward Classes - The documents placed on record by the petitioner and the documents which were produced by father of the petitioner before the Collector, Pune, clearly reveal that in each of the three preceding years, the gross professional income of father of the petitioner was more than Rs.4,50,000/- Father of the petitioner is a qualified surgeon, possessing the degree of Master of Surgery (M.S.) and runs a well-equipped hospital - It is not in dispute that petitioner belongs to Other Backward Class and the Caste Scrutiny Committee has also validated her caste - It is thus evident that but for her not falling in the category of Noncreamy Layer she was entitled to be admitted to the post reserved for O.B.C. candidate - - Petitioner be allowed to obtain the degree of M.B.B.S. subject to payment of Rs.10,00,000/- to the State Government so as to recompense the State to some extent for the expenditure incurred by the State on the petitioner for imparting education as a reserved category candidate - The request of the petitioner to quash and set aside the order is rejected.
Result – Writ Petition stands disposed of with certain conditions imposed.
P.R. Bora, J.
1. The petitioner has filed the present petition taking exception to the order dated 10th February, 2014 passed by District Collector, Pune (Respondent No.2), whereby he has cancelled the Non-creamy Layer Certificate issued to the petitioner on 8th June, 2012.
2. The petitioner has secured admission in BJ Medical College, Pune (Respondent No.3) for the MBBS Course on the seat reserved for the candidates belonging to Other Backward Classes (OBC). The petitioner belongs to `Kunbi’ caste, which falls in Other Backward Class (OBC). The Caste Scrutiny Committee has validated the caste certificate of the petitioner and has accordingly issued Caste Validity Certificate in favour of the petitioner.
3. Benefits of Reservation in the appointments in the Government services and in admissions for the various educational courses are available and applicable only to such O.B.C. Candidates who fall in the category of Non-creamy Layer. O.B.C. Candidates are, therefore, required to furnish “Non-creamy Layer Certificate' Procedure for issuance of such `Non-creamy Layer' certificate has been prescribed in Government Circulars time to time issued and consolidated in the Circular dated 25th March, 2013. Before getting the admission in BJ Medical College, Pune on the seat reserved for OBC, the petitioner had furnished the Non-creamy Layer certificate issued in her favour on 8th June, 2012 by District Collector, Pune.
4. One Gauri Hemantkumar Gharat, who was also aspiring for admission to MBBS Course at any Government Medical College from the OBC quota, filed writ petition No.7456/2012 before this court, alleging that false Non-creamy Layer certificates have been issued by the concerned authorities to undeserving candidates, who, in fact, do not fall within the category of Noncreamy Layer. The said petitioner, therefore, sought an enquiry into the Non-creamy Layer certificates issued in favour of Respondent Nos. 7 to 23 in the said petition. The present petitioner is one of the said Respondents and the objection is raised as about the Non-creamy Layer certificate issued in her favour. As is revealing from the record, some orders were passed by this Court in the aforesaid writ petition No. 7456/2012, directing enquiry into the Non-creamy Layer certificates issued in favour of Respondent Nos. 7 to 23 in the said writ petition. Accordingly, such enquiry was conducted by the committee consisting of Regional Deputy Commissioner, Social Welfare, Pune Region, Pune and Additional Collector, Pune.
5. In the aforesaid enquiry, the certificate issued in favour of petitioner was found to be false. The District Collector, Pune, therefore, issued a show cause notice to father of the petitioner, calling upon him to show cause as to why the Non-creamy Layer Certificate issued in favour of the petitioner, shall not be cancelled. Father of the petitioner submitted his explanation/reply to the said show cause notice. After conducting due enquiry vide order dated 10th June, 2014, the District Collector, Pune cancelled the Noncreamy Layer certificate issued in favour of the petitioner on 8th June, 2012. Aggrieved by, the petitioner has filed the present petition.
6. Shri A.V. Anturkar, learned Senior Counsel appearing for the petitioner, assailed the impugned order on several grounds. The learned Sr. Counsel submitted that the Collector, Pune has utterly failed in appreciating the import of the Government Circular dated 25th March, 2013. The learned Counsel further submitted that as provided in the said Government Circular, while computing the income of the professionals, the category in which father of the petitioner falls, the income received from agriculture, the income received from the property, i.e. other source, cannot be clubbed together and has to be counted separately.
7. The learned Counsel further submitted that father of the petitioner had furnished the entire record pertaining to his income for the proceeding three years, i.e. from 2009-20
