1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.6126 Of 2006 * Nikita D/o Vijaysing Bilwal ] Age 19 years, ] Occupation : Student, ] R/o Charanerwadi, ] Taluka Sillod, ] A/p R/o Adarsha Colony, ] Plot No.26, ] Behind Dron Hotel, ] Near Ketki Apartment, ] Garkheda, Aurangabad. ] .. Petitioner Versus 1) The State of Maharashtra, ] Through Secretary, ] Social Welfare Department, ] Mantralaya, Mumbai. ] ] 2) Maharashtra University of ] Health Sciences, ] Dindori Road, Mhasrul, ] Nasik, ] Through its Registrar ] ] 3) Maharashtra Institute of ] Medical Education & ] Research, Talegaon Dabhade ] 2 (Medical College) ] Dr Bhausaheb Sardesai ] Talegaon Rural Hospital, ] PO Talegaon, ] Talegaon Dabhade, ] Through its Dean/Principal. ] ] 4) The Chairman & Additional ] Commissioner (Revenue) ] Caste Certificate Scrutiny ] Committee, ] .. Respondents Office of Social Welfare ] Officer, Pune. ] -------- Mr. A.S. Golegaonkar, Advocate for petitioner. Smt. Y.M. Kshirsagar, Assistant Government Pleader for respondent Nos.1 and 2. Shri. V.S. Panpatte, Advocate for respondent No.3. Shri. S.G. Chapalgaonkar, Advocate for respondent No.4. Shri. H.I. Pathan, Advocate for respondent No. 5. ------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 5th AUGUST 2010 3 ORAL JUDGMENT (Per NARESH H PATIL, J.) : 1) Rule. Rule returnable forthwith and by consent of the learned counsel for the parties, taken up for final hearing. 2) Consequent to our order passed on 4th August 2010 the learned Assistant Government Pleader, Shri. Ghatge, took urgent steps which needs to be appreciated in communicating our order right from the Secretary, Social Welfare Department to the Chairman of the Caste Scrutiny Committee & Additional Commissioner, Pune Division Pune. Resultantly, the authorities concerned deputed a staff member of the Caste Scrutiny Committee No.3 Pune Region Pune, along with file of the petitioner with covering letter dated 4th August 2010. The said file is produced before us. We have perused the same. Prima facie inspection of the file demonstrates that the matter is practically ready 4 for final haring and disposal. The proposal of the petitioner was received on 9-2-2004 and for last six years the file is pending disposal. Early disposal of this file was necessary as the petitioner got admission to MBBS course. The petitioner filed the present petition on 24-8-2006 with substantial prayer seeking directions to respondent No.2 – Caste Scrutiny Committee to decide her caste claim and in the mean time to continue provisionally her admission to MBBS Course. By an order dated 30-8-2006 the Division Bench of this Court issued notice directing the Government Pleader to take instructions as to why claim was still pending before the Caste Scrutiny Committee. Ad-interim relief in terms of prayer clause (C) was granted till next date. Prayer clause (C) reads thus : “(C)To direct the respondent Nos.2 and 3 not to take any adverse action against petitioner e.g. restraining her from appearing in 1st Year MBBS Course 5 Examination or withholding of result of 1st year MBBS Course Examination or taking steps for cancellation of her admission to 1st Year MBBS Course, on the ground of non-production of Caste Validity Certificate within the period stipulated in the Undertaking, by issuing appropriate writ, order or directives, as the case may be.” 3) By an order dated 11th September 2009 the Assistant Government Pleader was again asked by this Court to call explanation as to why the claim was not yet decided. The matter was ultimately listed before this Court and on 4th August 2010 we passed further orders consequent to which, subsequent development took place. The original file was traced out and produced before this Court. The learned Assistant Government Pleader Shri. Ghatge with whatever little instructions he could collect, informed us about the functioning of the Caste Scrutiny Committee. 4) The Caste Scrutiny Committee No.3 Pune looks after matters arising out of the Pune 6 District. It seems that more than 10,000 matters are pending before this Committee. The learned Assistant Government Pleader since last date was trying to contact the office of the Committee but could not, as, according to the learned Assistant Government Pleader, there is no telephone installed in the office of the Caste Scrutiny Committee No.3 Pune. It is not known as to what is the sanctioned strength of the staff members in the office of the Committee. It is essential to look into the aspect as to of how many days are devoted in a week by the Committee in discharging its duties in verifying the caste claims. We observed that the learned Assistant Government Pleader could not get complete instructions in respect of the infrastructure made available to the Committee, the days of functioning of the Committee, the pendency of the matters and disposal of cases by the Committee. The issue in respect of pendency of the caste claims has 7 already been dealt with by this Court earlier and certain orders and guidelines were issued in respect of formation of more Caste Scrutiny Committees in the State. It was also opined that the working days of the Committees were to be increased in the light of huge pendency of matters before the Committees and urgent need to attend to some of the matters more particularity in respect of service matters, election matters, admission matters. 5) We, therefore, direct the State Government and the Principal, Secretary, Social Welfare Department, Government of Maharashtra, Mantralaya, Mumbai to look into these aspects discussed above by us, take urgent steps if deficiencies in respect of constitution of Committees, its functioning, infrastructural facilities and other necessary aspects are noticed by the State. The Secretary shall call for data concerning disposal of cases of 8 last six months by the said Caste Scrutiny Committees. 6) The issues like computerization of the cases and other details, adequate space made available to the Committees shall also be looked into. Considering the continuous inflow of matters for verification of castes claims to various Caste Scrutiny committees in the State we direct the Principal Secretary, Social Welfare Department, to consider feasibility of establishment of Caste Scrutiny Committee in each District of the State of Maharashtra. 7) Turning to the matter in question before us we direct the Caste Scrutiny Committee No.3 Pune Region Pune, to decide the caste claim of the petitioner. The petitioner shall be heard by the Committee by giving appropriate opportunity of hearing to the petitioner. The petitioner shall 9 cooperate with the Committee in final disposal of the matter. The petitioner shall appear before the Committee on 16th August 2010 at 11.00 a.m. The Committee shall dispose of the matter finally within 2 months from 16th August, 2010 on its own merits by passing reasoned order and submit compliance report to this Court. 8) The counsel for the petitioner submits that the petitioner has completed her MBBS course and she is desirous to register herself as intern candidate. The University is not permitting the petitioner to register her name. The counsel, therefore, prays for directions to the University. 9) Subject to the order passed by the Caste Verification Committee we direct the University to allow the petitioner to register herself as intern in case the petitioner satisfies other eligibility conditions as required by law. Till the Committee 10 finally decides the caste claim of the petitioner no adverse order shall be passed against the petitioner in respect of her MBBS studies based on the order passed by the Scrutiny Committee. 10) Rule is made absolute in the above terms with no costs. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ wp.6126.06