-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE WRIT JURISDICTION WRIT PETITION NO. 6159 OF 2007 WRIT PETITION NO. 6159 OF 2007 WRIT PETITION NO. 6159 OF 2007 Sanjay Dilip Gohil .. Petitioner. V/s. 1. Divisional Caste Certificate Scrutiny Committee, Konkan Division Navi Mumbai and others .. Respondents. --- Mr.G.K.Masand i/by A.A.Manwani for the Petitioner. Mr. C.R.Sonawane, AGP for the Respondent Nos. 1 to 3. Mr.K.K.Jadhav & J.K.Jadhav for the Respondent No.4. --- CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & A. A. SAYED, JJ. A. A. SAYED, JJ. A. A. SAYED, JJ. DATED : 13TH MARCH, 2008. DATED : 13TH MARCH, 2008. DATED : 13TH MARCH, 2008. P.C. : P.C. : P.C. :- . This petition is not on Board for final hearing. However, by consent of the parties, taken up for final hearing and heard finally. 2. The petitioner, by this petition, challenges the order passed by the Divisional Caste Certificate Scrutiny Committee, Konkan Bhavan, Mumbai. By that order the Scrutiny Committee has held that it cannot hold the scrutiny of the caste certificate submitted by the petitioner, certifying that he belongs to Harijan- -: 2 :- Vankar caste. The Scrutiny Committee has held that it cannot hold scrutiny because of the Government Resolution dated 20th of December, 1999 and because in the caste certificate which was submitted for scrutiny, it was mentioned that the permanent residence of the petitioner is Bhavnagar in the State of Gujarat. The second ground that was given is that in the caste certificate of the father of the petitioner, it is mentioned that it has been issued by the authorities in Belgaum District. The learned counsel appearing for the petitioner has taken us through the documents which show that the petitioner was actually born and brought up in Mumbai and even the caste certificate issued in favour of the petitioner’s father was not by the authority from Balgaum district in Karnataka but by the authority in Gujarat. We, however, do not find any fault with the order of the Scrutiny Committee because in the certificate which was submitted by the petitioner himself for scrutiny, it is mentioned that the permanent address of the petitioner is Bhavnagar in Gujarat. However, it appears that in the caste certificate permanent address of Bhavnagar Gujarat was wrongly shown. The learned counsel appearing for the petitioner submitted that the petitioner can secure a caste certificate showing that his permanent address is of Bombay. It is also clear from the record to us that the -: 3 :- observation in the order impugned that the caste certificate issued in favour of the petitioner’s father was issued by the authority in Karnataka, is also not correct. The learned counsel for the petitioner also submitted that the petitioner was taking education in the final year of MBBS course. Because the Scrutiny Committee declined to hold enquiry into validity of the caste certificate submitted by the petitioner and as the State Government did not reimburse the fees to the college and the petitioner was also not in a position to pay the fees, therefore, his name has been struck of from the college. The learned counsel appearing for the petitioner submits that the petitioner is willing to deposit immediately an amount of Rs. Four lakhs with the college and is also willing to furnish an undertaking to the college, undertaking to this court to pay the balance amount of fees in case ultimately, the petitioner is held not to belong to any scheduled caste. 3. We have heard the learned counsel appearing for the college. Taking overall view of the matter, we are of the opinion that the following order would meet the ends of justice. 4. In case within a period of four weeks from today, the petitioner secures the certificate from the Collector, Mumbai Suburban District, certifying that he -: 4 :- belongs to Harijan-Vankar, which is a scheduled caste and that the permanent residence of the petitioner is in Mumbai, the Scrutiny Committee shall hold an enquiry into validity of that certificate in accordance with law and make order thereon in accordance with law as expeditiously as possible within a period of eight weeks from the date of submission of the certificate for scrutiny. The Scrutiny Committee shall consider the question of the validity of the caste certificate without being influenced by its order which was impugned in this petition. 5. In case the petitioner within a period of one week from today, deposits with the college- the respondent No.4, an amount of Rs.Four lakhs and furnishes an undertaking, undertaking to this court to deposit the balance amount if the Scrutiny Committee finds that the caste certificate is not valid, the college shall immediately on deposit of said amount of Rs.4 lacs and submission of the undertaking by petitioner, permit the petitioner to continue his studies subject to the decision of the Scrutiny Committee. 6. All contentions available to both the sides are kept open. The parties shall be at liberty to adopt appropriate remedy after the decision of the Committee. -: 5 :- (D.K.DESHMUKH,J.) (A.A. SAYED, J.)