Radha Rameshkumar Chobhare vs Maharashtra University Of Health ...
2022 Latest Caselaw 2391 Bom

                                     1                                    wp 3381.2022

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

                 1 WRIT PETITION NO.3381 OF 2022

              RADHA RAMESHKUMAR CHOBHARE
                         VERSUS
   MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES, NASHIK
                       AND OTHERS
                           ...
               Advocate for Petitioner:
     Mr. Suvidh Kulkarni h/f. Mr. Rathod Vivek U.
     Advocate for Respondent No.1: Mr. K. C. Sant
   Advocate for Respondent No.2: Mr. S. G. Karlekar
      AGP for Respondent Nos.3&4: Mr. A. R. Kale
                           ...

                                      CORAM: S. V. GANGAPURWALA &
                                             S. G. DIGE, JJ.

                                      DATE:       09th MARCH, 2022

 PER COURT:

 1.       The       Petitioner            is    admitted          for        B.A.M.S.

 course           from         Scheduled         Tribe          category.             The

Petitioner is issued with the Validity Certificate

for Gond-Gowari, Scheduled Tribe. It appears that

in view of the Judgment of the Apex Court in case

of The State of Maharashtra and others Vs. Keshao

Vishwanath Sonone and others passed in Civil

appeal No.4096 of 2020 with connected matters

dated 18.12.2020, it was held that the caste

Gowari is in existence and not Gond-Gowari. In

2 wp 3381.2022

view of that Judgment, the Committee issued Show

Cause notice to the Petitioner and the Validity

Certificate appears to have been recalled.

2. Now, the Petitioner is prevented from

appearing in the final examination of the first

year B.A.M.S. course.

3. In paragraph No.101 of the said Judgment the

Apex Court has observed as under-

"101. We in the ends of justice directs that the admission taken and employment secured by the members of 'Gowari' community on the basis of Scheduled Tribe certificate granted to them between 14.08.2018 till date shall not be affected by this judgment and they shall be allowed to retain the benefit of Scheduled Tribe obtained by them. However, the above Scheduled Tribe candidates shall not be entitled to any further benefit as Scheduled Tribe except their initial admission in different courses or employment at different places on the strength of Scheduled Tribe certificate given to the 'Gowari' Community obtained between 14.08.2018 and this day."

4. Mr. Sant, learned Advocate accepts notice for

Respondent No.1. Mr. Karlekar, learned Advocate

accepts notice for Respondent No.2. The learned

A.G.P. accepts notice for Respondent Nos.3 and 4.

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5. We have also heard Mr. Sant, learned Advocate

for the University.

6. The exam it appears has already commenced. In

case the Petitioner is otherwise eligible then the

Respondent may allow the Petitioner to appear for

the remaining examination / papers. The Petitioner

shall not be refrained from appearing for the

remaining examination only on the ground that he

is admitted from the Scheduled Tribe category.

7. At the request of the Respondents, place the

matter on 06.04.2022.

8. Authenticated copy be given.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]

marathe