( 1 ) Writ Petition No.6314 of 2013
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6314 OF 2013
Aishwarya D/o.Rajanna Tummod, Age-18 years, Occu-Education, R/o.Biloli, Tal.Biloli, Dist.Nanded,
At present Mhada Colony, Near Baba Petrol Pump, Aurangabad Tq. and Dist. Aurangabad PETITIONER
VERSUS
1. State of Maharashtra, Through Minister for Agriculture, Maharashtra State, Mantralaya, Mumbai
2. The Director (Education), Maharashtra Council of Agricultural Education and Research, Pune 132/B, Bhambudra, Bhosale Nagar, Pune, Dist. Pune,
3. The Registrar, Marathwada Krishi Vidhyapeeth Parbhani, Dist.Parbhani,
4. The Associate Dean and Principal, CSMSS College of Agriculture Marathwada Krishi Vidhyapeeth Kanchanwadi, Paithan Road, Tq. and Dist. Aurangabad,
5. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Dy.Director (R), Aurangabad RESPONDENTS
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Mr.S.M.Vibhute, Advocate for petitioner. Mr.S.K.Kadam, A.G.P. for respondent State. Mr.M.P.Kale h/f. Mr.A.P.Sawant, Advocate for respondent no.3. Mr.A.R.Salve, Advocate for respondent no.5. Mr.S.B.Kakade, Advocate for respondent no.4.
(CORAM : R.M.BORDE AND
R.V.GHUGE, J.J. )
DATE : 06/08/2013
ORAL JUDGMENT : (Per R.M.Borde, J.)
1. Heard.
2. Rule. Rule made returnable forthwith. With consent of the parties, petition is taken up for final disposal at admission stage.
3. Petitioner claims that she belongs to "Mannerwarlu", Scheduled Tribe. Petitioner has been issued caste certificate on 03/12/2003, certifying therein that she belongs to "Mannerwarlu"
Scheduled Tribe. Petitioner, on completion of 12thstandard examination, tendered an application seeking admission to B.Sc. (Agri.) Course. conducted by Marathwada Krishi Vidyapeeth, Parbhani. Petitioner has been found eligible to secure admission to respondent no.4 - College on the basis of her individual merit. Since the petitioner is not possessed of validation certificate, in view of Rule
3.7 of the Rules, she is no being considered for admission to technical course. Rule 3.7 creates discrimination so far as candidates belonging to Scheduled Tribe category are concerned.
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The rule prescribes that candidates belonging to Scheduled Caste and other Backward category are permitted to secure admission in the absence of validation certificate on tendering an undertaking to the effect that they would produce validation certificate at subsequent stage. Thus, subject to such undertaking, candidates belonging to reserved category, except Scheduled Tribe, are permitted to secure admission. It transpires that in view of Government Circular dated 11thJanuary 2011, issued by the Tribal Department, there is insistence for production of caste validation certificate from the candidates belonging to Scheduled Tribe category, before permitting them to secure admission to professional courses. The circular issued by Tribal Department, on the face of it, is discriminatory and the State Government cannot be permitted to extend different treatment to different reserved categories. In this view of the matter, claim of the petitioner for admission to technical course shall have to be considered favourably.
4. Respondent nos.3 and 4 are directed to permit petitioner to secure admission to B.Sc. (Agri.) course operated by respondent no. 4- college subject to furnishing an undertaking to the effect that she would tender caste validation certificate after determination of her caste status by respondent no.5/Scrutiny Committee. Petitioner shall cause appearance before respondent no.5/Scrutiny Committee on 27thAugust 2013, and shall comply with the deficiencies, if any, in the proposal, in respect of verification of caste certificate. The Scrutiny Committee is directed to take decision on the proposal for
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verification of caste certificate of petitioner as expeditiously as possible, preferably within a period of 6 months from today.
5. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs.
6. Parties to act upon authenticated copy of this order.
( R.V.GHUGE, J. ) ( R.M.BORDE, J.)
khs/August 2013/wp6314-13
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