Bombay High Court
Ku. Noopur D/O Sharad Panjabai vs The State Of Mah. Thr. Its Secty., ... on 15 November, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No. 394 of 2011
Ku. Noopur daughter of Sharad
Panjabi,
aged about 19 years,
occupation - Student,
resident of 493/493, Devashri
Apartment, Shrinagar,
Ring Road,
Nagpur. ..... Petitioner.
Versus
1. The State of Maharashtra,
through its Secretary,
Department of Social Welfare,
Mantralaya,
Mumbai-32.
2. Divisional Caste Certificate
Verification Committee
No.3,
through its President,
Additional Commissioner,
Commissioner's Office,
Nagpur Division, Nagpur.
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3. The Principal,
Cummins College of Engineering,
Pune, Maharashtra. ..... Respondents.
*****
Ms. Mrunal Hiwase, Adv., for the petitioner.
Mr. S. M. Uke, Asstt. Govt. Pleader for respondent nos. 1 and 2.
ig *****
CORAM : B. R. GAVAI AND
V.M. DESHPANDE, JJ.
Date : 15th November, 2016
ORAL JUDGMENT [Per B.R. Gavai, J.]:
01. Though the petitioner has filed the present Writ Petition for
challenging the Order passed by the Respondent No.2 - Divisional
Caste Certificate Verification Committee No.3, Nagpur, dated 3rd
November, 2010 thereby invalidating the claim of the petitioner of
belonging to "Bhope", Nomadic Tribe, the learned counsel for the
petitioner restricts the reliefs claimed in the petition only for protection
of studies undertaken by the petitioner.
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02. The petitioner, who claims to be belonging to "Bhope",
Nomadic Tribe, was admitted for a Bachelor of Engineering Course
against a seat reserved for a candidate belonging to Nomadic Tribe.
However, the claim of the petitioner came to be rejected on
15th January, 2010. Being aggrieved thereby, the petitioner
approached this Court by way of Writ Petition No. 282 of 2010. The
the
Division Bench, vide Order dated 29th June, 2010, allowed the petition,
set aside order and remitted the matter back for fresh
consideration to the Scrutiny Committee. The Scrutiny Committee has
again reiterated its order.
03. Perusal of the impugned order would reveal that no
document prior to 1960 is placed on record by the petitioner to
substantiate the claim of belonging to "Bhope", Nomadic Tribe.
04. Be that as it may, the petitioner herself does not press the
caste claim. The petitioner has further not disputed that the studies
were undertaken by her on the basis of her admission initially in
Engineering Course against a seat reserved for Nomadic Tribe and
subsequently for M.B.A. again in the said category.
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05. It is pertinent to note that this Court vide Order dated 11th
July, 2011 has stayed the impugned order. It can, thus, be seen that
the studies undertaken by the petitioner are undertaken during the
period when the stay granted by this Court was operating.
06. In any case, even if the petitioner is not granted limited
relief, the seat against which the petitioner is admitted cannot be
allotted to any other student as the petitioner has already completed
her engineering course, and is on the verge of completing M.B.A.
course. Apart from that, the Larger Bench of this Court in the case of
Arun Vishwanath Sonone Vs. State of Maharashtra & others
[2015 (1) Mh.L.J. 457] has also held that the petitioner is entitled to
protection if there is no finding of fraud in the order of Scrutiny
Committee. Admittedly, there is no finding of fraud in the order of
Scrutiny Committee in the case of petitioner. In that view of the
matter, the petition deserves to be partly allowed.
07. The petition is rejected in so far as challenge to the order
of Scrutiny Committee is concerned. However, the petition is allowed
to the extent that the studies undertaken by the petitioner for
Engineering Course as well as for M.B.A. Course shall stand protected.
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Except this protection, we make it clear that the petitioner shall not be
entitled to any kind of benefits either for employment or any other
purpose.
Judge Judge
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