1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2473 OF 2010 Jitendra Raoba Patil } Age : 22 Years, Occ. : Nil, } R/o : Mahindale, Tq. Bhadgaon, } Dist. Jalgaon. } .... PETITIONER V E R S U S The Union of India } Ministry of Defence, New Delhi } Through Officiating Director Recruiting } Army Recruitment Office, } Cantonment, Aurangabad. } .... RESPONDENTS Mr. P.B.Shirsath, Advocate for petitioner. Mr. Alok Sharma, Standing Counsel for respondent. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 25/03/2010 ORAL JUDGMENT : ( PER – S.V.GANGAPURWALA, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. We have heard Mr. P.B.Shirsath, Advocate for petitioner and Mr. Alok Sharma, Standing Counsel for respondent. 2 2. It is the case of the petitioner that he belongs to Kunbi caste and his caste certificate has been validated by the Caste Scrutiny Committee on 16/9/2009. As per the advertisement for recruitment issued by the respondent, the petitioner had applied from O.B.C. Category for the post of Soldier Technical (Nursing Assistant) AIAC and has passed physical examination. He has also passed the medical test and written examination conducted by the respondent. He has been issued admit card. 3. The petitioner was directed to submit the original certificates on or before 18/3/2010. On 17/3/2010, when the petitioner had been to the office of the respondent to submit original documents, the documents were not accepted on the count that the leaving certificate shows the caste of the petitioner as Maratha and unless the same is corrected, the documents would not be accepted and he would not be sent to the training. The said action of the respondent is being challenged in the present petition. 4. It needs to be considered that when validity certificate has been granted by the duly constituted Caste Scrutiny Committee, the document i.e. leaving certificate showing caste as Maratha would be inconsequential, when the Scrutiny Committee has validated the caste certificate, it has taken into consideration all the documents. The caste validity certificate would be the only document, which would require 3 consideration and the mention of caste Maratha on the leaving certificate would be of no consequence. 5. In view of the above, we allow the petition and direct the respondent to accept the original documents of the petitioner and to send him to the training for the post of Soldier Technical (Nursing Assistant ) AIAC. 6. Rule thus made absolute in the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2473.10 ( J )