1 WRIT PETITION NO.: 4978 OF 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.: 4978 OF 2011 *** Vilas S/o Baburao Kansatwad, Age 27 years, Occ.: Nil, R/o C/o P. R. Puranwad, S.R.T.R.M.C.H. Medical Campus, Ambajogai Tq. Ambajogai, District: Beed. ... PETITIONER VERSUS 1. The State of Maharashtra. Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Tribe, Certificate Verification Committee, Aurangabad Division, Aurangabad. 3. The Director, Medical Education & Research, Directorate of Medical Education & Research, Saint George Hospital Compound, Govt. Dental College Building, 4th Floor, Near Chhatrapati Shivaji Terminals, (CST) Mumbai-400 001. 4. The Dean, Govt. Medical College and Hospital, Aurangabad, Dist. Aurangabad. (Copy to be served on Govt. Pleader for the Respondent No.1, 3 & 4) (Copy to be served on Standing Counsel for the 2 WRIT PETITION NO.: 4978 OF 2011 Respondent No.2.) ... RESPONDENTS *** CORAM: D. B. BHOSALE AND S. B. DESHMUKH,JJ. DATED:- 27th JULY, 2011. ORAL JUDGMENT: 1. Heard learned counsel for the parties. 2. Rule, made returnable forthwith and heard finally by consent of the parties. 3. In this petition, the petitioner has made the following prayers: "B) By a writ of certiorari or any other writ of like nature or order or directions, the impugned clause-C Foot Note-10 in the Notification dated 15.06.2011 published by Director of Medical Education and Research in respect of M.H.N.-C.W.T.2010, thereby insisting submission of Caste Validity Certificate along with the preference form be quashed and set aside as it being ultra virus to the constitution of India. C) By issuing writ of mandamus or any other writ of like nature or order or 3 WRIT PETITION NO.: 4978 OF 2011 directions the Respondent No.2 Committee may kindly be directed to decide the Tribe Claim of petitioner within stipulated time period. D) By issuing writ of mandamus or any other writ of like nature or order or directions, the respondent authorities be directed to accept the preference form of the petitioner and forthwith to issue appointment order to the petitioner, during the pendency of proposal for verification of his tribe claim." 4. The petitioner claims that he belongs to Mannerwarlu, Scheduled Tribe. He has stated in the writ petition that his tribe claim is pending for consideration before the scrutiny committee. Learned counsel for the petitioner placed on record, across the bar, a letter issued by the scrutiny committee dated 13th September, 2010 addressed to the District Supply Officer, Parbhani and on the basis thereof he submitted that the tribe claim of the petitioner is pending before the scrutiny committee. He has stated that he had 4 WRIT PETITION NO.: 4978 OF 2011 submitted his application for scrutiny of tribe claim in January, 2010 and it was submitted through the college where the petitioner, at the relevant time, was pursuing nursing course. The petitioner has placed acknowledgment on record at Exhibit-C. 5. In the backdrop of the facts mentioned above, the learned counsel for petitioner has submitted that in the general instructions issued to the candidates for filing preference form an artificial discrimination is created between Scheduled Tribe category candidates and the candidate belonging to Backward Class categories. In case of candidates belonging to Backward class categories, it is not necessary to submit caste validity certificate at the time of submitting preference form, though it is necessary for them to submit such certificate within three months from the date of their selection and till then they are not entitled for appointment. Whereas in the case of candidates belonging to Scheduled Tribes it is made compulsory for them to submit caste validity certificate at the time of filing the preference form. This Court in similar situation in respect of admission to health science courses, has directed in several 5 WRIT PETITION NO.: 4978 OF 2011 such petitions to the concerned authorities to allow the candidates, like petitioners, to fill preference forms with the proof of submitting applications for seeking validity certificate from the scrutiny committees. 6. In this case, from perusal of the information brochure of preference system for recruitment of staff nurses through MHN-CWT-2010 issued by Medical Education and Drugs Department, Government of Maharashtra it appears that the last date for submitting the preference form for the candidates belonging to reserved categories was 24th June, 2011. Admittedly, petitioner did not submit his preference form within the time stipulated in the said brochure. Thereafter, Directorate of Medical Education and Research has issued a notification on 21st July, 2011 and extended the dates for submitting preference forms for the available vacancies. By this notification, the date for submitting preference form for the candidates belonging to scheduled tribe category has not been extended. In view thereof, we asked learned A.G.P. to inquire whether any posts are available for the Scheduled Tribe category. On instructions, learned 6 WRIT PETITION NO.: 4978 OF 2011 A.G.P. submits that there are few posts available. In view thereof, and in view of the peculiar facts and circumstances of the case we are allowing the petitioner to submit his preference form on or before 29th of July, 2011 for the post reserved for scheduled tribe category. If petitioner files such an application/ preference form, same may be considered strictly on merits and only if the petitioner is otherwise entitled to be selected. It is needless to mention that as provided for in clause 8 (b) of the general instructions to candidates for filing preference form, the petitioner shall not be appointed unless he submits caste validity certificate within three months from the date of his selection. This condition, we make it clear that, shall not be relaxed. However, if the concerned authority extends the period mentioned in this clause, same shall also apply to the petitioner. 7. It is open to the petitioner to approach the respondent scrutiny committee for disposal of his tribe claim expeditiously. If any such application is made by the petitioner, the committee shall consider the same in the light of the outer limit 7 WRIT PETITION NO.: 4978 OF 2011 given in the brochure. Petitioner is directed to communicate this order to the scrutiny committee within a period of two weeks from today. 8. Since we have passed the order in view of the peculiar facts and circumstances of this case, this order shall not be treated as a precedent. Petitioner shall not be entitled to claim any equities. 9. Authenticated copy of this order is permitted to the parties. 10. Rule is made absolute in above terms. No costs. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:27/07/2011. ans/4978 8 WRIT PETITION NO.: 4978 OF 2011 WRIT PETITION NO.: 4978 OF 2011 Date of decision: 27th JULY, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE