Bombay High Court
Kum. Jyoti Pralhad Sangle vs The State Of Maharashtra Through ... on 15 February, 2003
Equivalent citations: 2003 (4) BomCR 558, 2003 (3) MhLj 754
Author: R Lodha
Bench: R Lodha, N Mhatre
JUDGMENT
R.M. Lodha, J.
1. At the outset, Mr. R.K. Mendadkar, learned Counsel
for Petitioner, handed over affidavit of the Petitioner
which we mark "X" for identification purposes. In the
said affidavit, it is stated that pursuant to the interim
order passed by this Court in the year 1994, the
Petitioner's application was considered by Respondent No. 7
as designated authority and he allotted Seth G.S. Medical
College to the Petitioner where she took admission in
first year M.B.B.S. course in December 1994. She has
further stated that she has passed three subjects of third
and final year of M.B.B.S. examination and has to clear
two subjects yet. She has given an undertaking in the
affidavit that she would not claim any benefits belonging
to Scheduled Tribe "Mahadeo Koli" and she accept the
finding recorded by Respondent No. 4 Committee without any
reservation.
2. Based on this affidavit, we have no hesitation in
affirming the order of Caste Scrutiny Committee rejecting
Petitioner's caste claim and we hold that Petitioner does
not belong to Scheduled Tribe Mahadeo Koli.
3. Needless to say, since the Petitioner's caste
claim has been rejected by the Caste Scrutiny Committee
which Petitioner has accepted in her affidavit as noted
above and based on that a finding has been recorded by us
that Petitioner does not belong to Scheduled Tribe Mahadeo
Koli, needless to say none of the family members of the
Petitioner can claim to be belonging to Scheduled Tribe
Mahadeo Koli and crave benefits and concessions based on
their belonging to Mahadeo Koli.
4. The question, however, arises as to what will
happen to Petitioner's admission to M.B.B.S. course which
she got in the year 1994 pursuant to the interim order
passed by this Court. One thing is certain, Petitioner is
not brilliant student as she was not been able to pass out
M.B.B.S. course in more than eight years when the entire
degree course is of only four and half years. Having
pursued M.B.B.S. course for more than eight and half
years, we are of the view that at this time it will not be
in the interest of justice to cancel Petitioner's
admission to M.B.B.S. course which she got pursuant to
interim order passed by this Court based on her claim that
she belonged to Scheduled Tribe Mahadeo Koli. This view
of us finds support from some of the orders passed by this
Court from time to time. In Writ Petition No. 2451 of
1994, Shri Yuvraj Laxman Mane v. State of Maharashtra
and Ors. decided on 29th February 1996, this Court
observed thus:
"4. Now the only question remains to be
considered is whether the petitioner, who is
studying in the third semester of second year in
Dr. Vaishyampain Medical College of Solapur,
should be disturbed at this stage. We are of the
opinion that the direction for removing the
petitioner from the college at this stage is not
likely to benefit any other candidate and the
seat go vacant. Moreover, the petitioner has
almost completed the second year. Therefore, we
feel that the petitioner should be allowed to
continue his studies. But, however, he cannot
continue his studies with his social status as
Mahadeo Koli (Scheduled Tribe). Mr. Jahagirdar
agrees to file undertaking of his client within
one week from today that he will not claim any
benefit as Mahadeo Koli in the future.
Respondents are is directed to allow the
petitioner to continue MBBS course subject to
filing undertaking in above terms."
5. The Division Bench of this Court in Writ Petition
No. 1081 of 1998, Shri Vishal Eknath Patil v. State of
Maharashtra and Ors. decided on 17th July 1998 gave the
similar benefit to the Petitioner therein by observing
thus:
"2. Mr. Mendadkar, learned counsel for the
petitioner submits that the petitioner was
granted admission to the Bachelor of Engineering
on the basis of caste certificate granted by the
Executive Magistrate, Alibag and now the
petitioner has completed the Bachelor of
Engineering Degree Course as he has appeared for
final examination and the results are awaited.
In view of the above, the learned counsel submits
that he has instructions from the petitioner who
is present in the court not to contest the order
of the caste Scrutiny Committee provided the
admission given to him in Bachelor of Engineering
Degree course is not in any way affected. He
submits that he want to give up the caste claim
to buy peace. He also submits that in future he
will not claim that he belongs to Malhar Koli,
Scheduled Tribe caste.
3. In view of the above stance of the
petitioner, the learned counsel for the
respondents submits that the respondents will
not, in any way, come in the way of the
petitioner incompletion of his study for the
Bachelor of Engineering Course."
6. In yet another case being Writ Petition No. 1116
of 1998, Ms. Rudhita Damodhar Baile v. State of
Maharashtra and Ors. decided on 24th December 1998, the
admission of Petitioner therein in M.B.B.S. course was
not disturbed by observing thus:
"However, we direct that petitioner's admission
to II MBBS will not be disturbed. However,
petitioner will undertake that petitioner will
not claim any benefit as Mahadeo Koli or on basis
of any scheduled Tribe Category. Similar
undertakings will be given by both the parties of
the petitioner."
7. In the light of the aforesaid discussion, we
dispose of Writ Petition by following order:
(a) The impugned order passed by Respondent No. 4
is maintained.
(h) The Petitioner's undeertaking given in
paragraph 7 of the affidavit "X" that she
shall not claim any benefits as belonging to
Scheduled Tribe Mahadeo Koli is accepted.
(c) We further observe that Petitioner's relatives
shall also not claim any benefit or concession
as belonging to Scheduled Tribe Mahadeo Koli
in the light of the discussion aforestated.
(d) The Petitioner's admission to M.B.B.S. course
shall, however, remain unaffected.
No costs.
