1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 1000/2009 IN MISC. CIVIL APPLICATION NO. ST. 14654/2009 IN WRIT PETITION NO. 5522/2005. ( Kiran Ramkrushna Nimje -versus- State of Maharashtra and others . ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ DATED : NOVEMBER 13, 2009 Heard Shri M.K. Kulkarni, learned counsel for applicant and learned A.G.P. for respondent nos. 1,2 and 4. Prayer is to condone delay of one day in filing review application. Though learned AGP is opposing the delay, in the interest of justice, we condone the delay. Office to register the M.C.A. ----- Heard the learned counsel for parties on Misc. Civil Application. Contention of learned counsel for applicant is that, caste certificate issued to father and brother of petitioner was not issued casually and it was after due verification. He states that those certificates ought to have been looked into by the Scrutiny Committee before invalidating the caste claim of petitioner. In support he places reliance upon the judgment of Hon’ble Apex Court 2 reported at AIR 1996 SC 1338 (Gayatrilaxmi Bapurao Nagpure .vrs. State of Maharashtra). Learned A.G.P. points out that, here certificate submitted by petitioner for verification was found to be forged or fabricated document and hence, it could not be verified. Perusal of para no.13 of the judgment of Hon’ble Apex Court [supra], shows that when a document are found to have been issued by the competent authority after completing necessary formalities, non consideration thereof vitiates the exercise undertaken by the scrutiny committee. Here as pointed out by learned A.G.P., the caste certificate submitted by petitioner/.applicant for verification was found not to be issued by the competent authority. Judgment in case of Gayatrilaxmi [supra] is therefore, not applicable. Shri Kulkarni, learned counsel has contended that petitioner/applicant has completed the course of 5 years and has appeared for final MBBS examination. He contends that government has spent lot of money and hence the degree and status of petitioner should be protected. In present facts, we are unable to undertake any such exercise, however, petitioner/applicant is at liberty to take any appropriate steps in accordance with law, if the same are open to him. Review application is therefore, rejected. No costs. JUDGE JUDGE Rgd.