srk 1 wp-8866-10.sxw THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8866 OF 2010 Kumar Balkrishna Narayan Bedekar ... Petitioner Versus State of Maharashtra and others. ... Respondents Mr.V.S. Deokar for the petitioner. Mr. S.B. Shetye respondent No.7. Mr. C.G. Gavnekar for respondent Nos.3 and 4. Mr. M.M. Malwankar i/by Mr. P.A. Mendadkar for respondent No.6. Mr. C.R. Sonawane, Assistant Government Pleader for respondent Nos.1,5 and 8. CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA , J. Tuesday, December 21, 2010 P.C. The learned counsel for the respondent-University places on record the results of the petitioner's final MBBS examination held in May, 2010 indicating that the petitioner has failed. 2. The result sheet is taken on record. 3. It is the petitioner's case that when the petitioner was admitted to the primary school at the relevant time, his caste was wrongly mentioned as "Hindu Koli" instead of "Hindu Mahadeo Koli" which is a Scheduled Tribe. srk 2 wp-8866-10.sxw The learned counsel further states that as soon as the petitioner's father noticed this mistake, an application was made to the concerned school for correcting the said mistake but the request was not accepted. The learned counsel therefore submits that the petitioner is ready and willing to satisfy the authorities on the basis of the other documentary evidence, including the School Leaving Certificate issued in favour of his father indicating that the petitioner's father belongs to Hindu Mahadeo Koli. It is, therefore, submitted that when the petitioner is relying on such certificate issued in favour of his father as far back as October, 1975 even prior to the petitioner's birth in May, 1987, there is no reason why the authorities should not consider the petitioner's request for issuing the caste certificate in favour of the petitioner to the effect that the petitioner belongs to Hindu Mahadeo Koli which is a Scheduled Tribe. 4. It is submitted on behalf of the petitioner that the petitioner has already pursued his studies in the MBBS Course for the last five years and disqualifying the petitioner from pursuing his studies for having secured admission as Scheduled Tribe student without producing the caste certificate would be unjust and too harsh a penalty which the petitioner does not deserve. It is further submitted that the petitioner may be given an opportunity to appear before the Sub-divisional Officer, Mahad Division and satisfy the said authority by producing all other documents like School Leaving Certificate issued to the petitioner's father in support of the petitioner's case that the petitioner's father belongs to Hindu Mahadeo Koli and, therefore, the petitioner also belongs to Hindu Mahadeo Koli Scheduled Tribe. 5. We have also heard the learned counsel for the respondent- authorities. srk 3 wp-8866-10.sxw 6. Having heard the learned counsel for the parties, we are of the view that when the question is whether the petitioner belongs to Hindu Mahadeo Koli, the petitioner must be given an opportunity to support his case on the basis of all such documentary evidence as the petitioner desires to produce in support of his case. The School Leaving Certificate issued in favour of the petitioner's father also is a relevant piece of evidence which can be relied upon by the petitioner to support his claim. 7. We, accordingly, direct that the Sub-Divisional Officer-respondent No.5 shall permit the petitioner to produce such documentary evidence as the petitioner desires to produce in support of the petitioner's case that he belongs to Hindu Mahadeo Koli and after giving the petitioner such opportunity to produce the documentary evidence and opportunity of personal hearing, the Sub-Divisional Officer shall pass a reasoned order on merits. To enable the Sub-Divisional Officer to do so, the petitioner shall make an application to the Sub-Divisional Officer alongwith attested true copies of the documentary evidence within two weeks from today. The Sub-Divisional Officer shall decide the matter without insisting that the petitioner should get his school record corrected. The petitioner shall also produce the original documents for verification at the time of hearing of his claim application. The Sub-Divisional Officer shall decide the matter within two months from the date of receipt of the application. 8. The petitioner's pursuing his studies in MBBS Course or appearing in any examination in future will be subject to the outcome of the above enquiry. srk 4 wp-8866-10.sxw Writ petition stands disposed of in the aforesaid terms. Parties may be provided ordinary copy of this order duly authenticated by Court Associate. CHIEF JUSTICE S.J. KATHAWALLA, J.