Miss. Aishwarya Dhananjay Patil vs State Of Maharashtra And Ors
2017 Latest Caselaw 2361 Bom

                                    1                       WP 2028/2014

        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
               CIVIL   APPELLATE JURISDICTION


                     WRIT PETITION NO.2028 OF 2014 


  Miss. Aishwarya Dhananjay Patil
  Adult, Occ.: Student
  R/At: Shriniwas 1st Floor
  Chetana Hospital Building
  Sambhaji Nagar,
  MIDC, G Block, GP116
  Chinchwad
  Pune 411 019
                                            .. PETITIONER
                   VERSUS

  1)       State of Maharashtra

  2)       District Collector
           District Pune

  3)       Byramjee Jeeijeebhoy 
           Government Medical College
           Rd, Near Pune Railway Station,
           Somwar Peth, Sanjay Gandhi Rd,
           Agarkar Nagar, Pune,
           Maharashtra 411 001

  4)       Maharashtra University of 
           Health Sciences, Nashik
           (An ISO 9001:2008 Certified 
           University)
           Dindori Road, Mhasrul,
           Nashik: 422 004.
           Tele:(0253) 2539237-38
           Website:www.muhs.ac.in/ 
           Email:[email protected]
                                         .. RESPONDENTS

                                 -----




::: Uploaded on - 11/05/2017              ::: Downloaded on - 11/05/2017 23:45:40 :::
                                       2                        WP 2028/2014

  Mr.   AV   Anturkar,   Sr.Counsel   a/w   Mr.Rushikesh   C. 
  Borge   i/by   Sugandh   B.Deshmukh,   Advocate   for 
  Petitioner;

  Mr.   VP   Malvankar,   "A"   Panel   Government   Pleader 
  Writ Cell for Resp. Nos.1 & 2; 

  Rajshekhar   V.Govilkar   a/w   Mihir   Govilkar,   Adv. 
  For Resp.No.4    
                                   -----


                               CORAM :  V.M.KANADE &
                                        P.R.BORA, JJ.

   
  RESERVED ON :- 3
                   rd
                       MARCH, 2017
                                  
   
  PRONOUNCED ON:- 5
                      
                     th
                        MAY,2017
                                
                                                     
  JUDGMENT (PER: P.R.BORA,J.)

1) The petitioner has filed the present

petition taking exception to the order dated 10th

February, 2014 passed by District Collector, Pune

(Respondent No.2), whereby he has cancelled the

Non-creamy Layer Certificate issued to the

petitioner on 8th June, 2012.

2) The petitioner has secured admission in

BJ Medical College, Pune (Respondent No.3) for

the MBBS Course on the seat reserved for the

candidates belonging to Other Backward Classes

(OBC). The petitioner belongs to `Kunbi' caste,

3 WP 2028/2014

which falls in Other Backward Class (OBC). The

Caste Scrutiny Committee has validated the caste

certificate of the petitioner and has accordingly

issued Caste Validity Certificate in favour of

the petitioner.

3) Benefits of Reservation in the

appointments in the Government services and in

admissions for the various educational courses

are available and applicable only to such O.B.C.

Candidates who fall in the category of Non-creamy

Layer. O.B.C. Candidates are, therefore,

required to furnish "Non-creamy Layer

Certificate' Procedure for issuance of such `Non-

creamy Layer' certificate has been prescribed in

Government Circulars time to time issued and

consolidated in the Circular dated 25th March,

2013. Before getting the admission in BJ Medical

College, Pune on the seat reserved for OBC, the

petitioner had furnished the Non-creamy Layer

certificate issued in her favour on 8 th June, 2012

by District Collector, Pune.

                                      4                        WP 2028/2014

  4)               One   Gauri   Hemantkumar   Gharat,   who   was 

also aspiring for admission to MBBS Course at any

Government Medical College from the OBC quota,

filed writ petition No.7456/2012 before this

court, alleging that false Non-creamy Layer

certificates have been issued by the concerned

authorities to undeserving candidates, who, in

fact, do not fall within the category of Non-

creamy Layer. The said petitioner, therefore,

sought an enquiry into the Non-creamy Layer

certificates issued in favour of Respondent Nos.

7 to 23 in the said petition. The present

petitioner is one of the said Respondents and the

objection is raised as about the Non-creamy Layer

certificate issued in her favour. As is

revealing from the record, some orders were

passed by this Court in the aforesaid writ

petition No. 7456/2012, directing enquiry into

the Non-creamy Layer certificates issued in

favour of Respondent Nos. 7 to 23 in the said

writ petition. Accordingly, such enquiry was

conducted by the committee consisting of Regional

5 WP 2028/2014

Deputy Commissioner, Social Welfare, Pune Region,

Pune and Additional Collector, Pune.

5) In the aforesaid enquiry, the

certificate issued in favour of petitioner was

found to be false. The District Collector, Pune,

therefore, issued a show cause notice to father

of the petitioner, calling upon him to show cause

as to why the Non-creamy Layer Certificate issued

in favour of the petitioner, shall not be

cancelled. Father of the petitioner submitted

his explanation/reply to the said show cause

notice. After conducting due enquiry vide order

dated 10th June, 2014, the District Collector,

Pune cancelled the Non-creamy Layer certificate

issued in favour of the petitioner on 8 th June,

2012. Aggrieved by, the petitioner has filed the

present petition.

6) Shri A.V.Anturkar, learned Senior

Counsel appearing for the petitioner, assailed

the impugned order on several grounds. The

6 WP 2028/2014

learned Sr.Counsel submitted that the Collector,

Pune has utterly failed in appreciating the

import of the Government Circular dated 25th

March, 2013. The learned Counsel further

submitted that as provided in the said Government

Circular, while computing the income of the

professionals, the category in which father of

the petitioner falls, the income received from

agriculture, the income received from the

property, i.e. other source, cannot be clubbed

together and has to be counted separately.

7) The learned Counsel further submitted

that father of the petitioner had furnished the

entire record pertaining to his income for the

proceeding three years, i.e. from 2009-2010,

2010-2011 and 2011-12 while seeking the Non-

creamy Layer certificate. The learned Counsel

further submitted that while issuing the Non-

creamy Layer certificate in favour of the

petitioner on 8th June, 2012, the authority, which

issued the said certificate, has appropriately

7 WP 2028/2014

considered the record as about the income placed

before it and only thereafter the said

certificate was issued. The learned Counsel

further submitted that however in the subsequent

enquiry, the Committee, which conducted the

enquiry, exceeded its limits and probing into the

other aspects pertaining to the income of the

father of the petitioner, gave an opinion that

the petitioner was not eligible for the Non-

creamy Layer certificate.

8) The learned Sr.Counsel further submitted

that the District Collector, Pune, placing

implicit reliance on the report so submitted by

the said Committee, without applying his mind and

ignoring the Government Circular and the

guidelines issued in this regard time to time,

wrongly and erroneously cancelled the Non-creamy

Layer certificate issued in favour of the

petitioner. The learned Counsel further

submitted that the Committee, at the first

instance, and thereafter the District Collector,

8 WP 2028/2014

Pune, wrongly and incorrectly clubbed the

professional income of the father of the

petitioner with his income received from other

sources and the same has resulted in illegal

cancellation of the Non-creamy Layer certificate

issued in favour of the petitioner.

9) The learned Sr.Counsel invited our

attention to the detailed explanation submitted

by father of the petitioner vide his

communication dated 7th February, 2014 addressed

to Collector, Pune and also to the other

documents filed on record, which contain the

Income Tax Returns time to time filed by father

of the petitioner and the Profit & Loss Account

for the relevant period pertaining to Chetana

Hospital, which is being run by father of the

petitioner. Referring to all these documents,

the learned Sr.Counsel submitted that the Non-

creamy Layer Certificate has been wrongly

cancelled by Respondent No.3 and, therefore,

prayed for setting aside the impugned order.

                                       9                        WP 2028/2014

  10)              Shri V.P.Malvankar, learned AGP and Shri 

RV Govilkar, learned Counsel appearing for

Respondent No.4, supported the impugned order.

11) We have carefully considered the

submissions advanced by the learned Sr.Counsel

appearing for the petitioner, the learned AGP

appearing for State and the learned Counsel

appearing for other respondents. We have also

perused the impugned order, the report submitted

by the Committee consisting of the Regional

Deputy Commissioner, Social Welfare, Pune Region,

Pune and Additional Collector, Pune and the

documents placed on record by the petitioner.

12) Since the Non-creamy Layer certificate

was issued in favour of the petitioner in the

year 2012, the income of the petitioner and her

father for the preceding three years will only be

relevant for consideration.

  13)              The   petitioner   has   filed   on   record   the 





                                  10                       WP 2028/2014

Income Tax Assessment Orders of the assessment

made under the provisions of Section 143(1) of

the Income Tax Act, 1961 for the Assessment Years

- 2010-2011; 2011-2012 and 2012-2013. As is

revealing from the Assessment Order for the year

2010-2011, the father of the petitioner, has

reported his income from the profession to the

tune of Rs.4,88,877/- and the same was accepted

by the Assessing Officer. The petitioner has also

placed on record the Profit and Loss Account for

the period ended on 31st March, 2010, i.e. of the

Assessment Year 2010-2011, wherein the net profit

is shown to the tune of Rs.4,88,877=30 ps. In

the Assessment Order, for the Assessment Year

2011-2012, the professional income is shown to

the tune of Rs.4,79,053/- and for the Assessment

year 2012-2013, the income has been shown to the

tune of Rs.5,42,629=17 ps. In the profit and

loss account for the year ended on 31st March,

2011, the net profit has been shown to the tune

of Rs. 4,79,052=77 ps., whereas in the profit and

loss account for the period ended on 31st March,

11 WP 2028/2014

2012, net profit is shown as Rs.5,42,629=17 ps.

14) It was sought to be canvassed by Shri

Anturkar, learned Sr.Counsel that for the

purposes of issuance of Non-creamy Layer

certificate only taxable income of father of the

petitioner was liable to be considered which for

all the three relevant years, was less than Rs.

4,50,000/-.

15) We are however not at all convinced with

the submissions so made by the learned

Sr.Counsel. All the Government Circulars

including that of 25th March, 2013 and more

particularly the annexures thereto clearly

provide that gross income of father/mother of a

candidate/student, seeking benefit of Non-creamy

Layer certificate, shall be less than Rs.

4,50,000/- in the preceding three years of

issuance of such certificate. No doubt, the

agriculture income is excluded from the said

gross income. However, from the aforesaid

12 WP 2028/2014

provision, it is quite clear that what is to be

considered is the gross professional income of

father/mother of a student/candidate and not

their taxable income.

16) In the instant case, the documents

placed on record by the petitioner and the

documents, which were produced by father of the

petitioner before the Collector, Pune, clearly

reveal that in each of the three preceding years,

the gross professional income of father of the

petitioner was more than Rs.4,50,000/-. Lastly,

lame attempt was made by learned Sr.Counsel to

submit that the revised income tax returns were

filed by the father of the petitioner, wherein

the losses of the current year were shown to have

been deducted from the income of the concerned

Assessment Year, and as such, the net income of

father of the petitioner for all the three

preceding years was held to be less than Rs.

4,50,000/-. We reject this contention also in

view of the fact that according to the relevant

13 WP 2028/2014

provision, the gross professional income in every

financial year of last preceding three years is

only relevant for the purposes of issuance of

Non-creamy Layer certificate. We reiterate that

overwhelming undisputed documentary evidence is

available on record in the form of profit and

loss Accounts pertaining to all the three

preceding years, which unambiguously shows that

the professional income of father of the

petitioner in each of the three preceding years

was more than Rs. 4,50,000/-. As such, we do not

find that the Collector, Pune has committed any

error in cancelling the Non-creamy Layer

certificate earlier issued in favour of the

petitioner.

17) We are constrained to observe that

father of the petitioner is a qualified surgeon,

possessing the degree of Master of Surgery (M.S.)

and runs a well-equipped hospital in the name and

style as "Chetana Hospital" in Chinchwad Pune.

In the enquiry, which was conducted by the

14 WP 2028/2014

Committee and the report which was submitted by

the Tahsildar to Collector, Pune, it is revealed

that the Chetana Hospital, which is owned and run

by father of the petitioner is 16 bedded

hospital, having consultancy rooms, X-ray room,

Casualty room, operation theater, waiting hall

etc. The said report further reveals that the

approximate value of building of the hospital is

around Rs. 1 crore. In the enquiry, it is also

revealed that the father of the petitioner had

participated in an auction for purchase of a plot

belonging to Maharashtra Industrial Development

Corporation, admeasuring 714 sq.mtrs. for which

the upset price was Rs.21,945/- per sq.mtr., i.e.

Rs.1,56,68,730/- in total. The report further

reveals that father of the petitioner could not

succeed in the said auction and had, therefore,

filed a writ petition in the High court, which

was disposed of on the ground that true and

correct information was not brought before the

Court by the petitioner. We may not enter into

the correctness of the aforesaid information,

15 WP 2028/2014

suffice it to say that father of the petitioner

is capable of aspiring for such a property worth

crores of rupees. The report also reveals that

in the hospital run by father of the petitioner,

more than 25 persons are employed. We have

purposely mentioned all these facts so as to

indicate that such a person had opted for Non-

creamy Layer certificate and initially had

succeeded in securing the same. We regretfully

state that such a well placed person did also

make such undesired attempt, which has resulted

in depriving one genuine and deserving candidate,

from getting the admission in Government Medical

College for M.B.B.S. Course.

18) In view of the fact that the Non-creamy

Layer Certificate, on the basis of which the

petitioner has secured the admission for MBBS

Course from the OBC quota, has been cancelled by

the competent authority, i.e. Collector, Pune,

and the said decision has now been confirmed by

this court, the admission of the petitioner for

16 WP 2028/2014

MBBS Course is, in fact, liable to be cancelled.

However, it is the matter of record that an

interim order was passed by this court in the

present petition protecting the admission of the

petitioner to the MBBS course and till this date

the same is in force.

19) In the arguments itself an alternative

submission was advanced by the learned Sr.Counsel

appearing for the petitioner that in case the

court reaches to the conclusion that the

petitioner does not fall in the category of Non-

creamy Layer, the petitioner undertakes not to

take any further benefit of her OBC caste,

however, her admission for MBBS course shall at

least be protected. The submission so made has

of course been opposed by the learned AGP as well

as the learned Counsel for Respondent No.4.

20) The material on record reveals that the

petitioner took admission for MBBS course in the

academic year 2012-2013. It is thus evident that

17 WP 2028/2014

she is now on the verge of completing the said

course. The question, therefore, arises, whether

the education so obtained by the petitioner

deserves to be protected ?

21) In the matter of Dattu Namdeo Thakur Vs.

State of Maharashtra - 2012 1 SCC 549, the

Hon'ble Apex court has held that, disturbing the

educational career or employment of a candidate,

which has become final with the passage of time,

will not be in the interest of anyone.

22) The order passed by the Hon'ble Apex

court in the case of Dattu Thakur (cited supra)

was based on earlier order passed by the Apex

Court on 6.9.2010 in Civil Appeal No.7411/2010 in

the case of Swati Vs. State of Maharashtra and

Ors. In the case of Swati, the Hon'ble Apex court

though dismissed the appeal filed by her,

directed that the benefits that had already been

enjoyed by her and the degree obtained by her in

the BDS course, which she had completed, would

18 WP 2028/2014

continue. Of course, the Court had further

directed that she would not be entitled to any

further benefits under the Caste certificate

issued to her and that whatever advantage she may

have obtained by way of payment of fees at the

reduced rate, were to be made good by her by

paying the difference. In the case of Dattu

also, the Hon'ble Apex court had directed the

petitioner that if the petitioner had obtained

any concession by way of reduction in fees as a

reserved candidate, he will have to make good the

same by paying the difference in fees that is

being paid by the general candidates.

23) In the case of Sandip Subhash Parate Vs.

State of Maharashtra - 2006 6 Bom.C.R. 556 also,

the Hon'ble Apex court did protect the education

obtained by the petitioner for the course of

B.E., to which he had obtained the admission

claiming to be belonging to scheduled tribe by

submitting the caste certificate belonging to

scheduled tribe, which ultimately was cancelled

19 WP 2028/2014

by the competent authority, by directing the

petitioner to re-compensate the State by paying a

sum of Rs.1,00,000/-. In the said matter, the

doctrine of proportionality was pressed into

service by the Hon'ble Apex court.

24) We may also usefully refer to the

decision of the Hon'ble Apex court in the case of

State of Maharashtra Vs. Milind - (2001) 1 SCC 4.

Milind's case was relating to the admission in

the Medical College. The question that arose for

consideration in that case was, whether it was

open to the State government or Courts or other

authorities to modify, amend or alter the list of

scheduled tribe and in particular whether Halba

Koshti was sub-division of Halba tribe. The

Hon'ble Apex court held that it was not

permissible to amend or alter the list of

scheduled tribe by including any sub-division or

otherwise. However, on facts, it was observed by

the Hon'ble Apex court that the respondent

therein, i.e. Milind had been admitted in Medical

20 WP 2028/2014

Course in S.T. Category more than 15 years back.

It was further observed by the Hon'ble Apex court

that though said Milind deprived one scheduled

tribe student of a medical seat, the benefit of

that seat could not be offered to other genuine

scheduled tribe student at that distance of time

even if said Milind's admission was to be

annulled; and if his admission was annulled, it

will lead to depriving the services of a doctor

to the society on whom public money had already

been spent. In those circumstances the Hon'ble

Apex court held that invalidation of caste of

said Milind will not affect the degree secured by

him or his practice as a doctor. It was, but made

clear that said Milind could no more claim to be

belonging to scheduled tribe.

25) It was sought to be canvassed by learned

Counsel appearing for the respondents that the

decision in the case of Milind may not be

applicable to the facts in the present case,

since while deciding the said matter, the Hon'ble

21 WP 2028/2014

Apex court has not laid down any principle of

law, but in the peculiar circumstances of the

said case, the decision was rendered. Reference

was then made to two judgments of the Hon'ble

Apex court, first in the case of Bank of India

Vs. Avinash D. Mandvikar - (2005) 7 SCC 690 and

the other Bharat Heavy Electricals Ltd. Vs.

Suresh Ramkrishna Burde - (2007) 5 SCC 336.

26) It is true that in para 7 of the

judgment in the case of Suresh Burde (cited

supra), the Hon'ble Apex court said that the

decision of the Apex court in State of

Maharashtra Vs. Milind, does not lay down any

such principle of law that where a person seeks

appointment by producing a false caste

certificate, his services can be protected and an

order of reinstatement can be passed, if he gives

an undertaking that in future, he and his family

members shall not take any advantage of being a

member of a caste which is in reserved category.

                                       22                        WP 2028/2014

  27)              We are, however, not convinced with the 

  submission   so   made.     In  the  same   judgment,   i.e. 

in the case of Suresh Burde (cited supra), the

Hon'ble Apex court in para 13 thereof has made

the following observations, -

"13. The principle, which seems to have been followed by this Court is, that, where a person secures an appointment on the basis of a false caste certificate, he cannot be allowed to retain the benefit of the wrong committed by him and his services are liable to be terminated. However, where a person has got admission in a professional course like engineering or MBBS and has successfully completed the course after studying for the prescribed period and has passed the examination, his case may, on special facts, be considered on a different footing. Normally, huge amount of public money is spent in imparting education in a professional college and the student also acquires the necessary skill in the subjects which he has studied.

The skill acquired by him can be

23 WP 2028/2014

gainfully utilized by the society. In such cases the professional degree obtained by the student may be protected though he may have got admission by producing a false caste certificate. Here again no hard and fast rule can be laid down. If the falsehood of the caste certificate submitted by the student is detected within a short period of his getting admission in the professional course, his admission would be liable to be cancelled. However, where he has completed the course and has passed all the examinations and acquired the degree, his case may be treated on a different footing. In such cases only a limited relief of protection of his professional degree may be granted.

28) In the subsequent judgment in the case

of Union of India Vs. Dattatray s/o Namdeo

Mendhekar and Ors. - (2008) 4 SCC 612, the

Hon'ble Apex court has considered all the

aforesaid three judgments in the case of Milind,

in the case of Avinash Mandvikar and in the case

24 WP 2028/2014

of Suresh Burde. As has been observed by the

Hon'ble Apex court in the said judgment, in cases

of admission to educational institutions, the

protection extended by Hon'ble Apex court in the

case of Milind, will be applicable only where a

candidate had successfully completed the course

and secured the degree and not to cases where the

falsehood of the caste certificate is detected

within a short period from the date of admission.

29) In para 38 of its judgment in the case

of State of Maharashtra Vs. Milind (cited supra),

the Hon'ble Apex court has observed thus, -

"38. Respondent 1 joined the medical course for the year 1985-86. Almost 15 years have passed by now. We are told he has already completed the course and may be he is practicing as doctor. In this view and at this length of time it is for nobody's benefit to annul his Admission. Huge amount is spent on each candidate for completion of medical course. No doubt, one Scheduled Tribe candidate was deprived of joining medical

25 WP 2028/2014

course by the admission given to respondent 1. If any action is taken against respondent 1, it may lead to depriving the service of a doctor to the society on whom public money has already been spent. In these circumstances, this judgment shall not affect the degree obtained by him and his practicing as a doctor. But we make it clear that he cannot claim to belong to the Scheduled Tribe covered by the Scheduled Tribes Order. In other words, he cannot take advantage of the Scheduled Tribes Order any further or for any other constitutional purpose. Having regard to the passage of time, in the given circumstances, including interim orders passed by this Court in SLP (C) No.16372 of 85 and other related affairs, we make it clear that the admissions and appointments that have become final, shall remain unaffected by this judgment.

30) There are some more cases on this issue.

However, we may not indulge in referring to all

those cases. Suffice it to mention that the

26 WP 2028/2014

judgments by the Hon'ble Apex court referred to

herein before, lay down a principle that

depending upon the facts of the case, the

education of the candidates concerned can be

protected in spite of the fact that the caste

claims on the basis of which, the admissions were

secured by the said candidates were ultimately

invalidated.

31) From the judgments on the issue, it is

further transpired that such a relief has been

granted by the Hon'ble Apex court only in the

cases where it was noticed by the Hon'ble Apex

court that the social status certificates were

not obtained by the concerned by

misrepresentation or by playing fraud.

32) The facts involved in the instant

matter, if considered in background of principle

laid down by the Hon'ble Apex court, we are of

the opinion that the alternative prayer made by

the petitioner to protect her education deserves

27 WP 2028/2014

consideration.

33) As noted earlier, the petitioner has

secured the admission for MBBS course in the year

2012-2013 and now, she is on the verge of

completing the said course. This court, on 26th

February, 2014, has passed the following order, -

". Leave to add B.J. Government Medical College, Pune as party respondent. Amendment to be carried out forthwith.

2. Issue notice to Respondent Nos. 1 to 3, returnable on 26 th March, 2014. Private notice is also permitted by all possible modes.

3. Considering the fact that the petitioner has got certificate on 8 June 2012 and now the same is cancelled by order dated 10 February 2014 on the basis of Government Circular dated 25th March, 2013, we are inclined to observe that the Respondents not to take any coercive steps based upon the impugned order, till next date."

The record shows that the interim order so passed

28 WP 2028/2014

was time to time continued and till date is in

force.

34) As has been observed by the Hon'ble Apex

court in the case of Milind (cited supra),in the

present matter also, the Government has already

spent huge amount on education of the present

petitioner. No doubt one OBC candidate has been

deprived from seeking admission to medical course

because of the admission given to the petitioner.

However, annulment of the admission of the

present petitioner may not have any fruitful

results. The benefit of that seat now cannot be

offered to a genuine OBC candidate even if the

admission of the petitioner is annulled. On the

contrary, if the admission of the petitioner is

annulled, it will lead to depriving the services

of a doctor to the society on whom public money

had already been spent.

35) In so far as element of fraud or

misrepresentation is concerned, we reiterate that

29 WP 2028/2014

father of the petitioner, who himself is a

qualified surgeon, having degree of M.S and is

running 16-bedded hospital, should not have

indulged in securing the admission for his

daughter from the quota reserved for OBC by

obtaining Non-creamy Layer Certificate. We, in

the peculiar facts and circumstances of this case

are, however, not inclined to stretch the issue

as regards the purported commission of fraud by

the petitioner. It is not in dispute that

petitioner belongs to Other Backward Class and

the Caste Scrutiny Committee has also validated

her caste. It is thus evident that but for her

not falling in the category of Non-creamy Layer,

she was entitled to be admitted to the post

reserved for O.B.C. candidate. As urged by the

learned Senior Counsel, the petitioner and her

father might have been under a bonafide belief

that petitioner comes within the purview of Non-

creamy Layer. We, therefore, albeit with much

reluctance accept the request made by the learned

Senior Counsel that the petitioner be allowed to

30 WP 2028/2014

obtain the degree of M.B.B.S. The same shall,

however, be subject to payment of Rs.10,00,000/-

to the State Government so as to recompense the

State to some extent for the expenditure incurred

by the State on the petitioner for imparting

education as a reserved category candidate.

36) In the foregoing circumstances and for

the reasons stated, though we are rejecting the

request of the petitioner to quash and set aside

the order dated 10th February, 2014 passed by

Respondent No.2, we are inclined to protect the

education and the degree of the petitioner for

the course of M.B.B.S., of course, upon certain

conditions. Hence, the following order, -

O R D E R

i) The order dated 10th February,

2014 passed by the District Collector,

cancelling the Non-creamy Layer

certificate issued in favour of the

petitioner, is confirmed;

                                              31                       WP 2028/2014

                   ii)               The   petitioner   is   however 

allowed to continue her studies in MBBS

course and obtain the said degree from

Respondent No.4 subject to the following

conditions, -

(a) That, petitioner shall file

an undertaking in this Court to the

effect that, she shall not claim or

seek any benefit in future, of her

belonging to Other Backward Class

for further studies or in securing

the employment;

(b) That, petitioner shall

deposit with the State Government an

amount of Rs.10,00,000/- (Rupees ten

lacs) towards the expenditure

incurred by the State on her

education within six months from the

date of this order;

(c) After successful completion

32 WP 2028/2014

of the course by the petitioner,

Respondent No.4 shall award the

degree of M.B.B.S. to the petitioner

as per their usual norms.

(d) That, petitioner shall file

a further undertaking in the form of

a bond that immediately, after

obtaining the degree of MBBS, for

next five years she shall render her

services as the Medical Officer in

any of the Primary Health Center/s

run by the State Government or Local

Bodies. It is clarified that the

petitioner is not precluded from

doing post-graduation if she so

desires and if she gets such an

admission before completing the

bond period of five years, she shall

rejoin the Primary Health Center

after doing post-graduation to serve

the remaining period;

                                               33                     WP 2028/2014

                               (e)       If the petitioner fails to 

                               comply   with   any   of   the   aforesaid 

conditions, the State Government may

take necessary steps for re-calling

the degree/s granted to the

petitioner.

37) The Writ Petition stands disposed of in

the aforesaid terms.

                   (P.R.BORA)                       (V.M.KANADE)
                     JUDGE                             JUDGE 
                                           

  bdv/
  fldr 27.4.17