The main legal point established in the judgment is that an appointment secured on the basis of a fraudulent certificate is void ab initio and cannot be protected.

JUDGMENT :

1. In the first petition, the same petitioner Naresh Rajeshwar Bone has put forth prayers clauses B, C and D as under :-

“B. By way of appropriate writ or order or direction in the like nature, the impugned judgment and order dated 30/06/2018 in proceeding no. LAT/EDN/4/2012, passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Aurangabad may kindly be quashed and set aside.

C. During pendency and final hearing of this writ petition, stay may kindly be granted to the effect and implementation of impugned judgment and order dated 30/06/2018 in proceeding no. LAT/EDN/4/2012, passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Aurangabad.

D. Pending hearing and final decision of this writ petition, the petitioner's education of M.B.B.S. with respondent no. 3 college may kindly be continued and protected.”

2. It is undisputed that this petition was directed against the invalidation of the claim of the petitioner of belonging to the Koli Mahadev, Scheduled Tribe category on the basis of which he had obtained admission in the Dr. Shankarrao Chavan Government Medical College, Vishnupuri, Nanded.

3. The dates and sequence of events, for the sake of clarity, are set out herein below :-

a. The tribe claim of the biological uncle of the petitioner, namely Sharad Baburao Bone came to be invalidated by the competent committee on 20.10.2004.

b. The father of the present petitioner, namely Rajeshwar and Sharad are biological brothers.

c. On 02.12.2004, this Court dismissed writ petition No. 6937 of 2004 filed by Sharad and sustained the order of the scrutiny committee invalidating his claim.

d. Sharad approached the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 5416 of 2005 which was dismissed on 10.05.2005.

e. Thereafter, Rajeshwar applied for validation of his Koli Mahadev claim, on 07.11.2009.

f. On 19.06.2010, the claim of Rajeshwar was validated/granted.

g. Therefore, on 31.08.2010, Sharad moved an application for review of the order of invalidation, which was dismissed by the High Court.

h. On 27.07.2011, the petitioner Naresh received a tribe certificate for the Koli Mahadev, Scheduled Tribe.

i. On 24.02.2012, the scrutiny committee reopened the case of Rajeshwar, father of the present petitioner and invalidated his claim on the ground of suppression of the fact that his brother Sharad had suffered invalidation right up to the Hon'ble Supreme Court.

j. Writ petition No. 5160 of 2012 filed by Rajeshwar, was dismissed by this Court vide order dated 17.12.2013.

k. Rajeshwar approached the Hon'ble Supreme Court in Civil Appeal No. 5778 of 2015, which was dismissed by the Hon'ble Supreme Court on 29.07.2015, reported at 2015 AIR (SC) 3024, Rajeshwar Baburao Bone Vs. State of Maharashtra and another.

l. The present petitioner Naresh cleared his MBBS examination held in the year 2017 and the results were declared and the passing certificate was issued on 04.04.2018, during the pendency of his validation claim.

m. On 19.04.2018, this court disposed of Writ Petition No. 3147 of 2018 filed by the present petitioner Naresh directing the committee to decide his pending claim, early.

n. By order dated 30.06.2018, the claim of the petitioner was invalidated keeping in view that the claims of his father – Rajeshwar Baburao Bone and uncle Sharad Baburao Bone, were invalidated up to the Hon'ble Supreme Court. He preferred W.P. Stamp No. 35163 of 2018.

o. As Writ Petition No. 2868 of 2020 filed in the year 2018 (on stamp No. 35163 of 2018) was dismissed in default, this Court allowed Civil Application No. 8665 of 2019 by order dated 20.07.2019 and restored the petition.

p. By order dated 11.01.2020, this Court allowed Civil Application No. 1082 of 2020 and directed that the internship certificate be granted to the petitioner.

q. The petitioner Naresh was allotted a seat in Diploma of National Board Orthopedic Surgery equivalent to M.S., on 09.09.2020 from the General category.

4. The Petitioner filed W.P. No.6286 of 202