HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.12702 of 2010 ORDER: Heard Sri A. Hanumantha Reddy, Learned Counsel for the petitioner and the Learned G.P. for Social Welfare. At their request, the writ petition is being disposed of at the stage of admission. The petitioner is a doctor working at a super-specialty hospital at Lucknow. He did his M.B.B.S from JIPMER, Pondicherry; and Post-Graduation from the All India Medical Sciences, New Delhi; and his super-specialty from the Sanjay Gandhi P.G. Institute of Medical Sciences, Lucknow. He secured admission and prosecuted his M.B.B.S and P.G. course as a Scheduled Tribe. It is his case that he did not claim the benefit of a Scheduled Tribe in prosecuting his super-specialty course from the Sanjay Gandhi P.G. Institute of Medical Sciences, Lucknow. On a complaint made by Sri Chenna Reddy, claiming to be his biological father, that the petitioner did not belong to the Schedule Tribe but only to the Kapu community, proceedings were initiated and subsequently his caste certificate was cancelled. Aggrieved by the order of cancellation, the petitioner preferred an appeal to the Government and, when his stay application was pending consideration, he approached this Court by way of W.P. No.28601 of 2009. This Court, by order dated 29.12.2009, disposed of the writ petition directing that the proceedings dated 14.11.2009 issued by the Collector and District Magistrate, Kadapa shall remain suspended till the Government passed orders on the application submitted by the petitioner for stay of the said proceedings dated 14.11.2009. The Government, by proceedings dated 1.2.2010, rejected the stay petition. The appeal preferred by the petitioner is, however, still pending before the Government. Questioning the order of the Government, rejecting the stay application, the present writ petition is filed. While the petitioner seeks to have the proceedings of the District Collector (2nd respondent) dated 14.11.2009 set aside, he seeks an alternative prayer that cancellation of caste certificate be done prospectively treating the petitioner henceforth as a person belonging to the general category for all purposes without, in any way, affecting his study certificates, including his M.B.B.S, Post- graduate degree, and the Doctor of Medicine certificate. Sri A. Hanumantha Reddy, Learned Counsel for the petitioner, would submit that pending adjudication of the appeal preferred by the petitioner neither he nor his progeny would claim the benefits of reservation available to the Schedule Tribes, and, in view of the law laid down by the Constitution Bench of the Supreme Court in State of Maharashtra v. Milind[1], the petitioner’s M.B.B.S. degree, post graduate degree and D.M. certificates ought not to be cancelled. In Milind1 the Supreme Court observed as under: “……….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 practising as a 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 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 practising 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 1985 and other related matters, we make it clear that the admissions and appointments that have become final, shall remain unaffected by this judgment……….” In the light of the observations of the Supreme Court, in the judgment referred to hereinabove, I consider it appropriate, pending disposal of the appeal by the Government, to direct that, on condition that the petitioner does not henceforth claim the benefits of reservation available to the Schedule Tribes either for himself or for his progeny, the order of the 2nd respondent dated 14.11.2009 shall not result in cancellation of his M.B.B.B, Post Graduate and D.M. certificates. The Writ Petition is, accordingly, disposed of. No costs. ________ 7-6-2010 asp [1] 2000(8) Supreme 429 = (2001) 1 SCC 4