2025 Supreme(Online)(SC) 3092
SUPREME COURT OF INDIA
FAROOQUI UROOJ FATEMA ANEES UL HAQ VS. STATE OF MAHARASHTRA
C.A. No. 5827/2025
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2025 (ARISING OUT OF SLP (CIVIL) NO. 5556 OF 2025)
FAROOQUI UROOJ FATEMA ANEES UL APPELLANT(S)
HAQ VERSUS STATE OF MAHARASHTRA & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned senior counsel for the appellant as well as counsel for the State of Maharashtra and other authorities.
3. We find that the appellant was issued a caste certificate of "TADVI-13" Scheduled Tribe by the Sub-Divisional Officer, Nanded on 15.06.2012. On the strength of that certificate, she secured admission in the MBBS course in the Government Medical College, Latur. During the verification of the caste certificate, the Scrutiny Committee did not find the appellant’s certificate to be valid. The invalidation of that certificate led to the initiation of court proceedings, which were eventually decided against the appellant. She has meanwhile completed the MBBS course. As the respondent authorities have declined to issue the degree and completion certificate for the medical course and the High Court has also refused to entertain her claim, the appellant is before us.
4. We find that the recourse adopted by this Court in Civil Signature Not Verified Digitally signed by NITINA TApLREpJAeal No. 6482/2023 (Priyanka Balaji Wadikar & Anr. v. State of Date: 2025.05.06
17:46:33 IST Reason:
Maharashtra & Ors.) is the most appropriate way out to deal with the situation, in conformity with the principles of equity. We have also given due consideration to the fact that the appellant is a young woman and the women empowerment such as professional qualifications like MBBS, will strengthen the fabric of society. Consequently, we allow this appeal in part, to the extent that the respondents are directed to award and issue a valid MBBS degree to the appellant within two weeks. However, in case, the appellant applies for PG medical course, she will be treated as an open category candidate. We, however, clarify that the question of law, if any, is kept open.
..........................J.
(SURYA KANT)
..........................J.
(NONGMEIKAPAM KOTISWAR SINGH)
NEW DELHI;
MAY 02, 2025.
ITEM NO.41 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5556/2025 [Arising out of impugned judgment and order dated 11-01-2024 in WP No. 6902/2019 passed by the High Court of Judicature at Bombay at Aurangabad]
FAROOQUI UROOJ FATEMA ANEES UL HAQ Petitioner(s)
VERSUS STATE OF MAHARASHTRA & ORS. Respondent(s)
(IA No. 36865/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 36866/2025 - EXEMPTION FROM FILING O.T.)
Date : 02-05-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) : Mr. Sudhanshu Choudhari, Sr. Adv.
Mr. Sagar Pahune Patil, AOR Ms. Gautami Yadav, Adv.
Ms. Pranjal Chapalgaonkar, Adv.
For Respondent(s) : Mr. Varad Kilor, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR M/S. Black & White Solicitors, AOR Mr. Suhaskumar Kadam, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. The appeal is allowed in part in terms of the signed order.
3. Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)