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2021 Supreme(Bom) 560

DIPANKAR DATTA, G.S.KULKARNI
Vishwa Chandubhai Patel. – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Rahul Walia, for the Appellant / Mr. H. S. Venegaokar A/W Mr. Saurabh Kshirsagar, for the Respondent.

JUDGMENT

1. This writ petition dated January 6, 2021 is at the instance of three petitioners belonging to the Scheduled Tribe category (hereafter 'the ST category', for short). They allege wrongful denial of admission in Namo Medical Education and Research Institute, Silvassa for pursing the MBBS Course. The ground on which the petitioners have been denied admission is that although they may have obtained a 'Domicile Certificate' of the requisite character, their ancestors had migrated to Dadra and Nagar Haveli and, therefore, having regard to the decision of the Supreme Court in Bir Singh vs. Delhi Jal Board & Ors., reported in (2018) 10 SCC 312, and a previous decision of the same Court in Marri Chandra Shekhar Rao vs. Dean, Seth G. S. Medical College, reported in (1990) 3 SCC 140, they cannot be regarded as ST candidates.

2. The first time we considered the writ petition on January 8, 2021, Mr. Walia, learned advocate for the petitioners had contended that the ground on which the petitioners were denied admission was precisely the ground on which one Mihir Dipak Patel, s/o Dipak Kumar Jagubhai Patel, was denied admission; and the father-son duo having approached this Court with a

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