(1) WP. 2522.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2522 OF 2011 Ramesh S/o Kashinath Watme, Age : 27 years, Occu.: Student, R/o : At Post Kurunda, Tq. Vasamat, Dist. Hingoli, Presently R/o : Boy's Hostel, Govt. Medical College, Room No.137, Aurangabad PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENT ..... Mr. Umesh N. Shete, Advocate for the Petitioner. Mr. B.V. Wagh, A.G.P. for the Respondent-State. ..... CORAM : D.B. BHOSALE & M.T. JOSHI, JJ. DATED : 29TH MARCH, 2011 ORAL ORDER:- 1. Heard learned counsel for the parties. 2. By this Petition, under Article 226 of the Constitution of India, the petitioner has made the following prayers:- "B) The Hon'ble Court may kindly be pleased to issue appropriate Writ, thereby, the respondent no.2 be directed to decide the caste claim of the petitioner within stipulated period. (2) WP. 2522.2011 C) The Hon'ble High Court may kindly be pleased to issue appropriate Writ, thereby, the respondent nos. 3 and 4 be directed to accept the preference form of the petitioner for process of Medical Post Graduate Admission (PGM-CET-2011) as a OBC category candidate." 3. Insofar as first prayer is concerned, we are inclined to issue direction as prayed for. However, we are not inclined to grant the other prayer in the Petition, for the following reasons:- A) It appears that the Government of Maharashtra, Medical Education and Drugs Department published Information Brochure and Application Form for Medical Post Graduate Courses (MD/MS/Diploma) sometime in December, 2010. The first page of the information brochure gives "important information" at a glance. The foot note in the "important information" reads thus:- "If applicable, Caste Certificate, Caste Validity Certificate, Non Creamy Layer Certificate, Domicile Certificate of State of Maharashtra, For Physically Handicapped (PH) Candidates - Medical Fitness Certificate. As per Annexure-D." B) Annexure "C" in the said Brochure provides for information regarding Constitutional (3) WP. 2522.2011 reservation. It clearly mentions that "Candidates belonging to Backward Class categories (All the categories are mentioned including O.B.C. category in this Annexure) would be required to submit the Caste Certificate "and" the Caste/Tribe Validity Certificate. Thereafter, Information Brochure for Preference Form Filling & Counselling Process for Medical Postgraduate MD/MS/Diploma Admissions was published and made available on 26.03.2011. In the said Brochure, the information and instructions to the candidates clearly state that the candidates belonging to reserved category who do not have Caste Validity Certificate/fresh Court order for PG admission regarding Caste Validity, at the time of Preference Form filling, would be considered as Open merit candidates. 4. Thus, it is clear that both the Brochures published in December, 2010 and March, 2011 make it clear that the candidate is obligated to produce Caste Validity Certificate, atleast at the time of filling Preference Form for Medical Postgraduate Admissions. (4) WP. 2522.2011 5. The petitioner had applied for Caste Validity Certificate in October, 2009. He never moved either the Scrutiny Committee or this Court, seeking directions as prayed for in terms of prayer clause (B) in the Petition. It was possible for the petitioner to either approach the Scrutiny Committee for expeditious hearing of his caste claim or atleast to this Court, seeking such direction to the Scrutiny Committee. He was aware in December, 2010 itself that production of Caste Validity Certificate is one of the pre-condition for filling Preference Form for Medical Postgraduate admissions. We are, therefore, not inclined to grant prayer clause (C). If we grant prayer clause (C) and if ultimately, the caste claim of the petitioner is invalidated, we would be thereby depriving a genuine candidate belonging to the reserved category from admission to the said post. The very objective of keeping Constitutional reservations would get frustrated, if such prayers are granted. (5) WP. 2522.2011 6. In the circumstances, prayer clause (C) is rejected. Insofar as prayer clause (B) is concerned, respondent no.2-Divisional Caste Scrutiny Committee, Latur is directed to decide the petitioner's claim within a period of four (4) months from the date of receipt of this order. Writ Petition disposed of accordingly. Sd/- Sd/- [M.T. JOSHI, J.] [D.B. BHOSALE, J.] arp